In recent news, a migrant worker in Singapore won a lawsuit against his employer for negligence or breach of duty in workmen’s safety. Some media reported this as a rare legal case, highlighting how the employer’s failure to ensure workers’ safety had severe consequences. The incident occurred when the employer ferried the workers in an overcrowded lorry, leading to the worker falling from the vehicle when another worker accidentally shoved him while rushing down the vehicle to avoid the rain. This unfortunate accident left the injured worker with leg surgery, 5 months medical leave and prolonged knee pain, prompting him to pursue a claim under Common Law by filing a civil suit instead of the Work Injury Compensation Act.

This article aims to remind employers who might wrongly assume that a work injury compensation insurance policy provides absolute protection. We will explore the potential legal pitfalls for errant employers and why they should prioritise workplace safety to avoid large amounts of compensation and/or prosecution, including fines and/or imprisonment and being banned from hiring new foreign workers.

Worker Injury Claims Under Common Law:

  • Injured workers can pursue claims under Common Law if they can establish that their employer’s actions were negligent or reckless and have caused their injury.
  • Common Law allows for compensation that can include general damages such as pain and suffering for injuries, loss of earning capacity and/or loss of future earnings and future medical expenses. Substantiated with supporting documents, special damages can also be awarded which includes transport expenses to/from medical appointments in relation to the injuries, as well as pre-trial loss of earnings. All things being equal, common law claims often lead to higher payouts compared to WICA claims.

The High Price of Neglect:

  • Companies including their senior management can be prosecuted if convicted for offences under the Workplace Safety and Health Act, including fines and/or imprisonment.
  • In addition to legal penalties, the damage to a company’s reputation and financial well-being can be severe.
  • Liable to pay liquidated damages due to delay in project completion caused by workplace accident.

As employers owe their employees “a duty of care”, a strong culture of workplace safety can help to minimise the risks of workplace accidents.

The following are measures that companies can implement to mitigate such risks of workplace accidents:

  • Complying with safety regulations and standards.
  • Conducting regular safety audits and risk assessments.
  • Providing appropriate training and equipment to employees.
  • Promptly addressing safety concerns and incidents.

In the realm of workplace safety, prevention is not only better than cure but also a safeguard against costly legal consequences and reputational damage. Employers who prioritise safety not only protect their workers but also strengthen their corporate risk management capabilities.

 

Image screenshot from CNA
Disclaimer: The above content is for general information only and should not be construed as legal or insurance advice.