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IS THE LAW UPHOLDING JUSTICE OR ADMINISTRATIVE?

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bulletform
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IS THE LAW UPHOLDING JUSTICE OR ADMINISTRATIVE?

Postby bulletform » Wed, 06 Sep 2006 3:55 am

Recently, I lost a law suit in Workman Compensation case and demanded to pay up a sum close to $20K for a guy's cut finger.
The Story begin that this guy had ever work as a casual labour before with me. As the work requirement, I needed some temporary worker for a project and this guy turn up at my carpentry factory again through his friend. I was not at the office during that time and my foreman inform me of his present. So I told my foreman to test him out his skill to construct a special fixture. Unfortunately, he cut his left thumb few hours later and was sent to the Tan Tock Seng Hospital at about 3pm. Doctor said he need to admit for observation. The hospital insist that this is an industrial accident and under the law, they need to put him under Ward B1 and above. I was forced to sign the admission letter, however, refuse to fill in the column for employer as he was hired at the point of time; at most under interview and testing. So the admission officer interviewed him and he had also admit that it was a personal accident and was downgraded to Class C. A year later, he filed the claim with MOM against me. However, he could not provide much information to the MOM as he is not an employee yet neither can he tell the officer the company name nor the staff working with me. Much information was provided later, when MOM wrote to me and I informed them about the whole true inccident.
Regrettedly, I should have ignore the letters totally as no company name nor the addressee is named. But I'm trying to co-operate with them but at the end got myself into all these trouble.

I wrote to MOM to appeal the case and telling them I have no money nor capability to pay at the moment. I've also listed 4 pages of my questions about the judgments passed which are totally unreasonable. The reply from MOM was something like" we regretted to hear that you are unable to pay the sum but you still need to deposit the sum before the appeal".
Question 1 : If I have the money to pay, I would have deposited it and proceed for the appeal then to take trouble writing 4 pages of letters to them.
Question 2 : Why not even a single of my questions being answered? If the judgment is fair, why are they not replying official and make me accept the facts? Are they trying to cover up for each others mistake?

I responded to their letter again. I told them the same I wrote here. The question is that I told them I could not get the evident from the hospital as the status was under personal accident, I need the patient consent. Which this is a very important evidence, I requested them to check with the hospital. If proven my statement is true, I proposed to allow me to grant me permission to appeal the case without depositing the sum. I just want a fair judgment. If I ever make bankrupt because of this, and down the road, I have the capability to appeal the case, how are they going to return all the properties they have seized, clean up my name for what they have tarnished, and the damage and hurts to my family and myself? Can I seek legal compensation from MOM's commissioner and the officers in charge if the case proven I am true? Aren't they trying to create another set of family and social problem when they are given the opportunity to redress the case? What's so difficult to pick up the telephone and call the hospital to verify the case? Perhap, everything is just administrative; they just need to read out the laws and record from their book.

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ksl
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Re: IS THE LAW UPHOLDING JUSTICE OR ADMINISTRATIVE?

Postby ksl » Wed, 06 Sep 2006 10:43 am

bulletform wrote:Recently, I lost a law suit in Workman Compensation case and demanded to pay up a sum close to $20K for a guy's cut finger.
The Story begin that this guy had ever work as a casual labour before with me. As the work requirement, I needed some temporary worker for a project and this guy turn up at my carpentry factory again through his friend. I was not at the office during that time and my foreman inform me of his present. So I told my foreman to test him out his skill to construct a special fixture. Unfortunately, he cut his left thumb few hours later and was sent to the Tan Tock Seng Hospital at about 3pm. Doctor said he need to admit for observation. The hospital insist that this is an industrial accident and under the law, they need to put him under Ward B1 and above. I was forced to sign the admission letter, however, refuse to fill in the column for employer as he was hired at the point of time; at most under interview and testing. So the admission officer interviewed him and he had also admit that it was a personal accident and was downgraded to Class C. A year later, he filed the claim with MOM against me. However, he could not provide much information to the MOM as he is not an employee yet neither can he tell the officer the company name nor the staff working with me. Much information was provided later, when MOM wrote to me and I informed them about the whole true inccident.
Regrettedly, I should have ignore the letters totally as no company name nor the addressee is named. But I'm trying to co-operate with them but at the end got myself into all these trouble.

I wrote to MOM to appeal the case and telling them I have no money nor capability to pay at the moment. I've also listed 4 pages of my questions about the judgments passed which are totally unreasonable. The reply from MOM was something like" we regretted to hear that you are unable to pay the sum but you still need to deposit the sum before the appeal".
Question 1 : If I have the money to pay, I would have deposited it and proceed for the appeal then to take trouble writing 4 pages of letters to them.
Question 2 : Why not even a single of my questions being answered? If the judgment is fair, why are they not replying official and make me accept the facts? Are they trying to cover up for each others mistake?

I responded to their letter again. I told them the same I wrote here. The question is that I told them I could not get the evident from the hospital as the status was under personal accident, I need the patient consent. Which this is a very important evidence, I requested them to check with the hospital. If proven my statement is true, I proposed to allow me to grant me permission to appeal the case without depositing the sum. I just want a fair judgment. If I ever make bankrupt because of this, and down the road, I have the capability to appeal the case, how are they going to return all the properties they have seized, clean up my name for what they have tarnished, and the damage and hurts to my family and myself? Can I seek legal compensation from MOM's commissioner and the officers in charge if the case proven I am true? Aren't they trying to create another set of family and social problem when they are given the opportunity to redress the case? What's so difficult to pick up the telephone and call the hospital to verify the case? Perhap, everything is just administrative; they just need to read out the laws and record from their book.


I can understand your problem, however, even though the guy was not employed, I believe you still have a duty, to be insured, for any possible act of personal injury to anyone visiting your business, this you may seem quite wrong, I can only say, that this is quite normal.

I can give you an example, if a stranger visits your private home, and the visit results in some form of accident, he/she is quite within their rights to sue, you for compensation. It sucks I know, but the Courts normally say, well you should have been insured, its a legal requirement in most other Countries in the west. I cannot make any comment on Singapore law however.

I see many times, that retail businesses advertising their goods, will have signs up, saying do not touch, if broken consider sold!!! I would be really interested to see, what would happen here, if the customer turned round and said up yours, if you want me to pay for an accident on your premises, then take me to court! I would honestly expect any business to be covered by accidental damage, if they are not, then that is there problem.

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Postby MoTokyo » Tue, 17 Oct 2006 5:52 pm

You should purchase liability insurance for potential scenarios such as this in the future.

Cutting the wrong muscle in a finger can hinder all flexibility and if anything, this guy will probably be missing out on a lot more than 20k from not being able to work on specialized projects in the future.

If you're up for a fight and have cash to burn on a lawyer, prove what damages if any were caused by this accident. If he still has perfect flexibility in his hand/finger and didn't miss out on 20k worth of work during his hospital stay and so long as his hospital bills didn't reach 20k, there's no reason for him to receive 20k.

On the other end of this situation, you are completely at fault and 100% liable for any damages incurred within the compounds of your business. If I take a guy off the street, hand him a chainsaw and tell him to whip through wood like butter in the hopes of landing a job -- and he gets injured or killed, it's absolutely my fault. Not only did I coerce him into handling dangerous machinery (whether he claimed to be skilled or not), I put his life at risk without taking [b]necessary safety precautions[/b].

The only way out of situations such as the one stipulated above is to have anyone using any tools that may cause any sort or type of bodily injuries sign a waiver/release form stating you and your company are 100% not liable for any damages caused on the job under any circumstances. How that swings in Singapore is not mine to answer.

Sorry to spill the bad news.

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Bafana
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Postby Bafana » Thu, 19 Oct 2006 4:29 pm

Declare bankrupt and maybe then you won't have to pay - Maybe you should talk to a lawyer

Insurance is a good idea - Sucks when you pay and pay b ut when the shite hits the fan it is a gods send.
Be Like Water

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Plavt
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Postby Plavt » Sun, 22 Oct 2006 10:12 pm

In any industry involving machinery or vehicles there is the possibility of somebody being killed or injured so it is best to have insurance whether the law requires it or not. I am rather surprised you have not considered this bulletform since you are running a business where such events are more likely than others. Here's my two cents worth; be wary of casual labourers as there is one or more who claims to be able to do what they cannot. Although I am bit late regarding your case, take Bafana's advice.

Plavt.


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