Foreign worker injured badly while being transported in lorry allowed to resume suit against construction firm

Foreign worker injured badly while being transported in lorry allowed to resume suit against construction firm

A 34-year-old foreign worker who suffered severe injuries while being transported in an empty trucks has been given the right to retake his legal actions against the construction company he worked for.

After being found unfit for labor, Mr. Gurusamy Muthu Raja was expelled to India, where he has not been able to find a lasting job.

District Judge Shen Wanqin approved Mr. Gurusamy’s action in a ruling made public on Wednesday ( Mar 27 ), despite the fact that it had been automatically discontinued in November 2023 due to the absence of an official follow-up.

According to Judge Shen, this case represents” a unique and remarkable situation where it is necessary to reinstate the action.”

The claimant lost his life and employment in Singapore, leaving him with no choice but to move back to India. He played the tickets he was dealt with in life, which is not perfect, but he did what he thought he was to advance the case. As for, his work should be recognised, and his silence pardoned”, she said.

THE Event

At the time of the crash, on August 29, 2019, Mr. Gurusamy was employed by Full House Building Construction.

The canopy system struck the lorry driver when he immediately braked and was hurled upward in the back of the truck.

According to the judge, Mr. Gurusamy was struck by the crash “at the peak of his living” and suffered severe injuries to his right elbow and left back that required surgery.

After the incident, he was biologically assessed and found to be unfit for work.

On January 16, 2021, his company fired him and sent him back to India.

Mr. Gurusamy is his family’s single father. He is also receiving medical attention for his wounds.

After being repatriated apartment, he filed a court case against his previous company in June 2021.

In November 2022, a acceptance view apportioned 95 per cent duty to his ex- firm, and 5 per share to Mr Gurusamy.

After that, Mr. Gurusamy engaged his former boss in negotiations to secure an interim pay and proceeded with other matters.

But, as no steps were recorded in the judge’s structure between November 2022 and November 2023, the latter of which is known as the “guillotine time”, the action was immediately discontinued on Nov 2, 2023.

Mr Gurusamy therefore applied in December 2023 to have the situation reinstated.

JUDGE’S Studies

Judge Shen determined that he had handled the case quickly before November 2022 and that his delay is unjustifiable.

In closing, she noted that guidance for Mr Gurusamy, Mr Muhamad Ashraf Syed Ansari from Yeo Perumal Mohideen Law Corporation, had chosen to “focus their approach on blaming the plaintiff for the lag in the trials” and for not disclosing a particular document.

On the other hand, Only Law’s Mr. Appoo Ramesh and Ms. Ellice Kuah Jin Yu, the defendant’s attorneys, chose to decline to provide a record, alleging that no instructions had been given to the court to exchange relevant documents.

Judge Shen argued that the events ‘ actions were ineffective and efficient in preventing the debate from being resolved.

After being told about this, both flanks acknowledged they may have done much, the prosecutor said.

Through their successful negotiations involving the interval payment, the parties have actually demonstrated that they can communicate and collaborate effectively with one another to solve a problem, according to Judge Shen.

If both events had used the same creative strategy, she added, this program might have been completely avoided. &nbsp,

The very purpose of communication and collaboration may be defeated, and the beauty of such knowledge will be lost forever, she said,” If communication and collaboration are merely to occur through the courts ‘ information.”