A Comparative Analysis of Employment Injury benefits for Migrant Workers: Evidence from Selected Developed and Developing Economies

Abstract

This paper examines the entitlement of employment injury benefits (EIBs) for migrant workers through a comparative analysis of selected developed economies, namely Germany, Sweden, and the United Kingdom, with reference to Malaysia as a receiving country. The study aims to identify key features of effective social security systems that ensure adequate protection of migrant workers in cases of workplace injury. Adopting a qualitative comparative legal methodology, the research analyses national legal frameworks, institutional arrangements, and benefit structures, drawing on data from international organizations including the International Labour Organization (ILO), the World Bank, and the Mutual Information System on Social Protection (MISSOC). The findings indicate that comprehensive coverage, non-discriminatory access, integrated institutional coordination, and the inclusion of rehabilitation benefits are critical components of effective EIB systems. In contrast, Malaysia’s framework demonstrates gaps, particularly in relation to migrant worker coverage and benefit adequacy. The paper further highlights the role of social security agreements (SSAs) in enhancing cross-border protection. It concludes that aligning domestic frameworks with international labour standards and adopting selected best practices can significantly strengthen the protection of migrant workers’ right to social security.