在 CHE NOH BIN YACOB v SENG HIN RUBBER (M) SDN BHD,[1982] 1 MLJ 80一案中，联邦法庭表示：在1969社险法第31条文下，被保险人无权对雇主提出损害赔偿的诉讼。
31. An insured person or his dependants shall not be entitled to receive or recover from the employer of the insured person, or from any other person who is the servant of the employer, any compensation or damages under any other law for the time being in force in respect of an employment injury sustained as an employee under this Act: Provided that the prohibition in this section shall not apply to any claim arising from motor vehicle accidents where the employer or the servant of the employer is required to be insured against Third Party Risks under Part IV of the Road Transport Act 1987 [Act 333]
