Enquire about Medical Claim to the company

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asked on Apr 4, 2017 at 19:43
edited on Apr 25, 2017 at 08:08
I am seeking for the legal advice for the following case:

I am working with the foreign Korea company as civil engineer based at construction site in Sarawak since July 2015. We are building the chemical plant here. I was offered as permanent staff, but I tendered my resignation letter on end of January 2017, company's policy stated I needed three months notice of my resignation which mean I will end of my duty on end of the April 2017.

Unfortunately, on 1st of March 2017, I was admitted to private hospital for three days because of a calculus is found within the left proximal ureter. It is associated with mild left hydronephrosis and proximal hydroureter. Doctor has gave the unfix leave for nine days.

The medical fee is about RM5k++. I have claimed the fee to the company but no any news or status from them although I have several followed up. I have submitted the original copy which requested by the company's HR for about three weeks but still no further status. I have also checked my employment's offer letter, there are no policy stated I unable to claim the medical fee.

My questions:

Am I entitled to claim the medical fee to company?

As I knew, the company claim my medical fee to PERKESO, do you think this going to work? 

If fail to claim from the PERKESO, and the company refuse claim my medical fee to them, what action I can do to against the company to claim my medical fee?

Thank you very much and appreciated to receive your advice soon.
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2 Answers

answered on Apr 14, 2017 at 15:38
there are no policy stated i unable to claim the medical fee.
there are also no policy stated that you are able to claim medical fees.
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answered on Apr 17, 2017 at 03:38
1. Your entitlement to claim medical expenses from the Company depends on whether there is a contractual clause stating that the Company would reimburse medical claim. In the absence of such clause, you will not be able to claim.

2. The Company will not claim from PERKESO. You may claim from PERKESO if your illness as a result of an employment injury. Then you would be entitled to medical cost from PERKESO. But again it must be as a result of employment injury. 
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