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January 13, 2009 Tuesday
Updated
Jan 13, 2009
'Pay injured worker'
Errant bosses shouldn't expect sympathy from the court: Justice Rajah
By K C Vijayan Law Correspondent
AN APPEALS judge who ordered full compensation for an injured worker has made clear the courts will make short work of errant employers who shift the blame to injured workers.

Justice V. K. Rajah held last week that Lian Beng Construction to be 100 per cent liable for the back injuries suffered by Mr Zheng Yu Shan.

'When such errant employers are brought before the courts they should not expect any sympathy or indulgence from the court vis-vis their liability (if any) for injuries sustained by their employees in the course of work,' he said.

Justice Rajah also warned that an employer's oversight could impair a worker for life or even cost him his life.

His decision overruled a district court which felt the 35-year-old China national should get only 30 per cent of the claim.

Justice Rajah, in a written judgment published on Tuesday, said the firm failed to provide a safe system of work in the first place which resulted in the injury.

Mr Zheng suffered debilitating back pain caused by having to dismantle and move pieces of metal formwork that would normally be done by a crane.

The firm claimed Mr Zheng had himself to blame for changing the usual system of work, which it claimed was safe.

It asssigned Mr Zheng and another worker to remove the metal formwork after the concrete had hardened at a construction site near Lakeside MRT - a task that was normally done by a crane. However the site was too close to a primary school so the crane couldn't be used.

Mr Zheng's lawyers from Hoh Law Corporation argued that he in effect had to serve as a 'human crane' - and after lifting 30 pieces of metal formwork, suffered a back injury, was hospitalised and subsequently returned to China.

Read the full report in Wednesday's edition of The Straits Times.

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