Injured at work in Malta: benefits and compensation
An accident at work in Malta can lead to two separate sources of money, and many workers claim only one of them. The first is social security: under article 28 of the Social Security Act (Cap. 318) an insured person who suffers personal injury caused by an accident arising out of or in the course of employment, or who develops a listed occupational disease, receives Injury Benefit while unable to work. If a permanent impairment remains, article 29 grants an Injury Grant or an Injury Pension, depending on the percentage assessed by a medical panel.
The second is a civil claim for damages against whoever caused the accident, usually the employer, under articles 1031 to 1047 of the Civil Code (Cap. 16). The employer has a statutory duty to ensure the physical and psychological wellbeing of its workers (article 12 of the Health and Safety at Work Act, Cap. 646), and a breach of that duty is the usual basis of liability. Damages cover actual loss, expenses, lost wages and loss of future earnings from permanent incapacity.
The civil claim has a short deadline of two years. This guide explains both routes, the evidence you need and the mistakes that cost injured workers money.
Key facts
Deadline
Injury Benefit is payable if you become incapable of work within twelve months of the accident or the onset of the disease (article 28(1) of Cap. 318); a civil action for damages not arising from a criminal offence is barred two years after the event (article 2153 of the Civil Code); where the accident involves a criminal offence, the prescription follows the Criminal Code (article 2154(1)); the Court of Magistrates hears claims up to €15,000, larger claims go to the Civil Court, First Hall (article 47(1) of Cap. 12).
What to do
Get medical care and make sure the accident is recorded. See a doctor or go to the emergency department at once and tell them that the injury happened at work, with the date, time and how it happened. Ask for a copy of the medical report or discharge letter. Report the accident to your supervisor or employer in writing, even briefly by e-mail, and ask that it be entered in the workplace accident records.
The Occupational Health and Safety Authority (OHSA) has power to investigate any accident, injury, disease or death occurring at work (article 8(g) of the Health and Safety at Work Act, Cap. 646). Serious accidents are often investigated by OHSA and the police. Without an early written record, the employer may later claim that the injury happened outside work.
Collect evidence while it is fresh. Photograph the place of the accident, the equipment involved and any missing guard, slippery floor or absent protective equipment. Write down the names and phone numbers of colleagues who saw what happened. Keep your rosters and messages showing you were on duty, and note whether you had received training and personal protective equipment for the task.
The employer's duties under article 12 of Cap. 646 include avoiding risks, evaluating those that cannot be avoided, controlling them at source, giving collective protection priority over individual protection, providing information, instruction, training and supervision (article 12(3)) and giving appropriate instructions. Evidence that one of these steps was missing is the backbone of a damages claim. If OHSA or the police investigate, ask your lawyer to request copies of their findings.
Claim Injury Benefit from the Department of Social Security. Under article 28(1) of the Social Security Act (Cap. 318), Injury Benefit is payable if you suffer personal injury caused by an accident arising out of or in the course of your employment or self-occupation, or develop a disease listed in the Fourth Schedule due to the nature of your work, and within twelve months you are incapable of work as a result. The Director may accept a disease not listed if satisfied that it was caused by your work.
Submit the claim with medical certificates and the employer's confirmation of the accident. An accident while travelling to or from work in transport provided or paid for by the employer may be treated as arising out of employment (article 28(3)). The rates are set in the Third Schedule to Cap. 318.
Ask for an assessment of permanent impairment. If the accident or occupational disease leaves you with a permanent loss of physical or mental faculty, you may be entitled to an Injury Grant or an Injury Pension under article 29 of Cap. 318. A medical panel or medical officer appointed by the Minister assesses the impairment as a percentage, comparing you with a healthy person of the same age (article 29(2)–(3)).
Below 20%, you receive a one-off Injury Grant under Part II of the Third Schedule. From 20% to 89%, you receive an Injury Pension calculated in proportion to the degree of impairment, up to the highest rate in Part III. You cannot receive the Injury Grant or Pension and Injury Benefit at the same time (article 29(1), proviso). Keep all specialist reports for the assessment.
Establish the employer's fault. Social security benefits are paid regardless of fault, but civil damages require it. Under the Civil Code every person is liable for damage occurring through their fault (article 1031); a person is at fault if they do not use the prudence, diligence and attention of a bonus paterfamilias (article 1032); and anyone who through negligence or want of attention breaches a duty imposed by law is liable for the resulting damage (article 1033).
The duty imposed by law here is the employer's duty under article 12 of Cap. 646 to ensure the physical and psychological wellbeing of workers, including the principles of prevention it lists. Contractors, equipment manufacturers or a third-party driver may also be liable. If your own imprudence contributed to the accident, the court reduces the damages in proportion (article 1051).
Calculate your damages. Under article 1045(1) of the Civil Code the damage to be made good consists of the actual loss directly caused, the expenses you were compelled to incur (medical treatment, transport, care), the loss of actual wages or other earnings, and the loss of future earnings arising from any permanent incapacity, total or partial. The court assesses the sum for incapacity having regard to the nature and degree of the incapacity and your condition (article 1045(2)).
In practice Maltese courts compute loss of future earnings from your annual earnings, the percentage of permanent disability and a multiplier reflecting your working life. Moral damages are recoverable under article 1045(1), proviso, only for specified crimes, up to €10,000. If a worker dies, the heirs may claim damages as for permanent total incapacity (article 1046).
Send a judicial letter or negotiate with the insurer. Most employers have employer's liability insurance, and claims are often settled with the insurer. Send the employer a detailed claim in writing, with medical reports and the disability percentage, and ask for its insurer's details. A judicial letter filed in court under the Code of Organization and Civil Procedure (Cap. 12) interrupts prescription and puts the employer in default.
Do not sign a settlement or a receipt in full and final settlement until your condition has stabilised and the permanent disability has been assessed by a doctor. Once signed, you usually cannot reopen the claim even if your condition worsens.
File the action in court within two years. Actions for damages not arising from a criminal offence are barred by the lapse of two years (article 2153 of the Civil Code). The two years run from the accident; interrupt them with a judicial act if negotiations drag on. Where the accident also constitutes a criminal offence, for example grievous bodily harm through negligence, prescription follows the rules of the Criminal Code (article 2154(1)).
Claims up to €15,000 are heard by the Court of Magistrates; larger claims go to the Civil Court, First Hall (article 47(1) of Cap. 12). Medical experts are usually appointed by the court to assess disability. If you cannot afford a lawyer, apply for legal aid under articles 911–926 of Cap. 12.
What to watch out for
- Not reporting the accident in writing on the day. Without a record, the employer or insurer may argue the injury happened elsewhere, which affects both Injury Benefit and the damages claim.
- Thinking social security benefits are the only compensation. Injury Benefit, Grant and Pension under Cap. 318 do not prevent a civil claim against the employer under articles 1031–1047 of the Civil Code.
- Missing the two-year deadline while waiting for the insurer. Article 2153 of the Civil Code bars the action after two years; a judicial letter or court action interrupts prescription, a phone call does not.
- Signing a full and final settlement too early. Accept an offer only after a medical assessment of permanent disability; later deterioration is rarely compensated.
- Underestimating loss of future earnings. Even a modest permanent disability percentage can produce a substantial sum under article 1045, because it is multiplied over the remaining working life.
- Ignoring third parties. A contractor, a machine manufacturer or a driver may be liable alongside or instead of the employer, and may have their own insurance.
- Assuming moral damages are always paid. Under article 1045(1), proviso, of the Civil Code they are limited to specific crimes and capped at €10,000; plan the claim around material losses.
Legal basis
Frequently asked questions
What compensation do I get for an injury at work in Malta?
You may receive Injury Benefit while unable to work and, if a permanent impairment remains, an Injury Grant (below 20%) or an Injury Pension (20% to 89%) under articles 28–29 of the Social Security Act. Separately, if the employer or another person was at fault, you can claim damages for loss of earnings, expenses and loss of future earnings under article 1045 of the Civil Code.
How long do I have to sue my employer for a work accident in Malta?
Two years. Actions for damages not arising from a criminal offence are barred by the lapse of two years (article 2153 of the Civil Code). If the accident also involves a criminal offence, the Criminal Code's prescription rules apply (article 2154). A judicial letter or court action interrupts prescription; negotiations alone do not.
Who pays Injury Benefit in Malta?
Injury Benefit is a social security benefit paid by the Department of Social Security under article 28 of Cap. 318, not by the employer. It is payable if the accident arose out of or in the course of your employment and you became incapable of work within twelve months. The rates are in the Third Schedule to the Act.
Does an accident on the way to work count as a work injury?
Generally only in specific cases. Under article 28(3) of the Social Security Act, an accident while travelling as a passenger to or from work in a vehicle provided or paid for by the employer may be treated as arising out of employment. Ordinary commuting by your own means is not automatically covered; check the facts with the Department.
How is the disability percentage decided?
A medical panel or medical officer appointed by the Minister assesses your bodily or mental impairment compared with a healthy person of the same age, expressed as a percentage (article 29(2)–(3) of Cap. 318). Below 20% you receive an Injury Grant, from 20% to 89% an Injury Pension proportionate to the percentage.
Do I have to prove my employer was at fault?
Not for social security benefits, which are paid regardless of fault. For civil damages, yes: you must show fault or negligence (articles 1031–1033 of the Civil Code). A breach of the employer's duty under article 12 of the Health and Safety at Work Act, such as missing training, supervision or protective equipment, is usually the key evidence.
Can I get compensation for pain and suffering after a work accident?
Maltese law compensates mainly material losses: actual loss, expenses, lost wages and loss of future earnings (article 1045(1) of the Civil Code). Moral or psychological harm is recoverable only in cases of specified crimes, up to €10,000 (article 1045(1), proviso). The permanent disability itself is compensated through loss of future earnings.
Which court hears a work injury claim in Malta?
Claims up to €15,000 go to the Court of Magistrates and larger claims to the Civil Court, First Hall (article 47(1) of the Code of Organization and Civil Procedure). The court usually appoints a medical expert to assess the degree of disability. Legal aid is available if you meet the means test.
My employer says the accident was my fault. What now?
Your own negligence does not remove your right to social security benefits under Cap. 318. In a civil claim it may reduce the damages if you contributed to the accident, but the employer remains bound by its duty to ensure your wellbeing and to provide training and supervision (article 12 of Cap. 646). Collect witness statements and evidence of the working conditions.
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