Forum: Do more for foreign workers seeking injury compensation

We welcome the Court of Three Judges’ decision to disbar the lawyer who misappropriated his clients’ injury settlement funds for his and his employees’ benefit (

Lawyer disbarred over using injured worker’s settlement sum to pay his own fees

, Nov 25).

This case is far from an isolated incident. TWC2 assists hundreds of injured workers annually, guiding many through the no-fault Work Injury Compensation Act (Wica) process, which does not require legal representation.

However, many workers – facing language and cultural barriers – remain uninformed and uncertain about the claims process, leaving them vulnerable to persuasion by lawyers promising better outcomes. 

Wica operates as a no-fault system, requiring only proof that the injury occurred at work. Compensation is determined by the extent of injury but is subject to a cap.

Despite the system’s simplicity, some law firms convince injured workers that legal representation guarantees higher payouts. They often promote the idea of withdrawing from the Wica system to pursue a common law claim, promising even greater compensation.

Alarmingly, many workers switching to such claims do not even receive copies of the engagement letters they sign with their lawyers, leaving them with little understanding of the terms of their representation.

They often do not realise the significant legal costs involved, the necessity of proving employer fault, or the extended duration of civil suits. In many cases, workers are left uninformed about the progress of their claims and settlements, with portions of their compensation withheld by the law firms. 

The tribunal’s findings are telling. The lawyer was found guilty of misconduct for failing to act with reasonable diligence and competence, not providing timely advice to his client, and failing to supervise his staff adequately.

A recurring issue reported to TWC2 is that some law firms frequently rely on non-Singaporean staff who speak the workers’ native languages to act as intermediaries, creating a layer of plausible deniability for lawyers.

Workers often have little or no direct contact with their lawyers, dealing solely with staff who sometimes perpetuate deceptive practices.

While disbarring the lawyer sends a strong message, it leaves the implicated staff free to continue these practices under a different firm. Addressing these systemic issues requires more robust oversight and accountability measures. 

Deborah D. Fordyce
President
Transient Workers Count Too (TWC2)