This article first appeared in the Straits Times on 10 October 2008.
Row settled, no pay cut for 186 China workers
By CLARISSA OON
A SALARY dispute between some 180 China construction workers and the builder of the hotel at the Marina Bay Sands integrated resort has been resolved.
The Ministry of Manpower (MOM) said in a statement yesterday that it had successfully mediated in the row over a proposed pay cut.
The South Korean company, Ssangyong Engineering and Construction, has agreed not to cut the workers' monthly pay from the contracted sum of $1,700 to $1,200. This threat came after it found a sub-contractor whose workers were cheaper.
Ssangyong had also alleged that the 186 workers in question were 'very lazy'. They were told that if they refused to take the pay cut, they would be flown home with $1,000 in compensation, or would have to find another job within two weeks.
Crying foul, the workers lodged a protest with MOM, which discussed the issue with representatives of Ssangyong on Tuesday.
The ministry said yesterday that the company had agreed to continue paying the workers their monthly salary of $1,700 and to 'separate the performance issue from the contracted salary'.
Ssangyong's senior manager, Mr S.H. An, told The Straits Times yesterday that it would keep to the terms of its original contract with the workers.
However, he added that '$1,700 is very high according to the market rate' and 'up to now, we cannot see any improvement in their performance'.
One of the China workers, who wanted to be known only as Mr Shen, said he was satisfied with the way the matter had been resolved.
The 38-year-old, who has worked here for six years, said he and his co-workers had not slackened in their work even when negotiations were ongoing.
'We work 28 days a month, 12 hours a day. This is the first time I have been caught in a pay dispute in Singapore,' he said in Mandarin.
The Chinese workers are helping to build a 2,600-room hotel at the integrated resort, due to be completed next year.
They have worked for Ssangyong for fewer than four months, although many have worked here for a few years with other employers.
If they were to lose their jobs at Ssangyong now, they would also have 15per cent of their earnings deducted as they have not fulfilled the minimum 180 work-days required under the contract, Mr Shen added.
Thursday, November 20, 2008
Monday, November 17, 2008
Concerns About Migrant Workers That Hit Home
The following opinion piece was published by All Africa on 17 Nov 08.
Concerns About Migrant Workers That Hit Home
[Opinion]
by Hopewell Radebe
17 November 2008
All Africa
Johannesburg, Nov 17, 2008 (Business Day/All Africa Global Media via COMTEX) -- HEADING to Malaysia via Singapore recently, I encountered much introspection in the region concerning the treatment of foreign workers.
This followed complaints by residents of one of Singapore's affluent suburbs about the state's decision to renovate old dormitories (originally built to house British soldiers based in Singapore) to accommodate migrant labourers.
Coming from a country that so recently earned the world's condemnation for xenophobic attacks that led to the deaths of 62 people, I found the topic interesting.
Writers and civil society organisations condemned the residents of Serangoon Gardens for advocating the restriction of movement of foreigners in the suburb -- which they did after losing a battle to stop them being accommodated in their back yard . The government struck a compromise with the residents by offering to seal certain exits from the old dormitory compound.
Activists in Singapore and Malaysia took the opportunity to highlight various abuses foreigners suffer at the hands of employers. They challenged their governments to initiate proper legislation to protect foreigners against unscrupulous employers, and also against elements of the general public who want to see development but refuse to share their public space with the people recruited from around the world to build their infrastructure.
Middle East and north Africa director at Human Rights Watch, Sarah Leah Whitson, says "governments have the primary legal obligation to enforce international labour standards, but respect for the workers' rights and dignity starts with employers".
International labour rights advocates argue that these standards should apply not only to local citizens but also to the migrant workers on whose shoulders rest the future of emerging economies such as SA, Brazil, India, Angola, Nigeria, the United Arab Emirates (UAE), Singapore and Malaysia.
Writing for BBC World Service, Tim Mansel has talked about another face of Dubai -- a city built virtually from scratch. "Twenty years ago, few of these gleaming towers existed -- and the men building are migrants from India, Pakistan, Bangladesh and Nepal." He says he has found them living in concrete barracks on the "outskirts of the city, where the desert begins, thousand upon thousand of them with no rights and very little to improve their lot".
Mansel notes that organisations such as the World Bank and the International Monetary Fund, as well as the US, have also called on the UAE to improve labour conditions there. "One of the world's largest construction booms is feeding off of workers in Dubai, but they're treated as less than human," says Whitson.
The governments of developing economies acknowledge that they need to build their economies through the migrant labour system and are making it easier for their business sectors to import skills.
SA's government has for years made it almost impossible to legitimise migrant labour. This continues to encourage unscrupulous employers to abuse their workers, who are often undocumented or struggle for years to get work permits.
Even with its background of human rights activism , SA's government has poorly handled the labour and other human rights of those citizens of our poorer neighbours attracted by our growing economy.
More than half of the Zimbabweans in SA have much-needed skills -- such as nursing, teaching and artisanship -- yet we continue to suffer immeasurable economic losses because our government fears it might offend its political allies if it takes advantage of Zimbabweans' idle talents.
Considering that taxpayers are already bearing the brunt of this waste of human resources through social services and the strain on infrastructure, I would expect the government to at least get its money's worth by allowing businesses to hire the foreigners and to pay them appropriately.
Maybe our government will learn something from a a 15m initiative by the United Nations (UN) and the European Union (EU) announced last week to promote migration and help protect migrant workers amid the global financial crisis. The programme has been launched on the sidelines of the Global Forum on Migration and Development in Manila amid concerns from nongovernmental groups that the crisis could force countries to restrict the entry of migrant workers.
"We've seen how ineffective simple prohibition policies in regard to migration actually are. They don't really work. Migrants migrate. They will find a way, one way or another, to do it," says Peter Sutherland, the UN secretary-general's special representative on migration.
"What we have to do," Sutherland says, "is foster adequate co-operation between countries of origin and countries of destination to constructively address issues of migration."
As a signatory to various UN human rights accords , SA should be quicker to extend international labour standards to migrant workers in this country. SA's government is harming its own image by pretending not to see that the UN-EU initiative underscores the positive effect that migration can have on the development of any country's economy.
Radebe is diplomatic editor.
(c) 2008 AllAfrica, All Rights Reserved
Concerns About Migrant Workers That Hit Home
[Opinion]
by Hopewell Radebe
17 November 2008
All Africa
Johannesburg, Nov 17, 2008 (Business Day/All Africa Global Media via COMTEX) -- HEADING to Malaysia via Singapore recently, I encountered much introspection in the region concerning the treatment of foreign workers.
This followed complaints by residents of one of Singapore's affluent suburbs about the state's decision to renovate old dormitories (originally built to house British soldiers based in Singapore) to accommodate migrant labourers.
Coming from a country that so recently earned the world's condemnation for xenophobic attacks that led to the deaths of 62 people, I found the topic interesting.
Writers and civil society organisations condemned the residents of Serangoon Gardens for advocating the restriction of movement of foreigners in the suburb -- which they did after losing a battle to stop them being accommodated in their back yard . The government struck a compromise with the residents by offering to seal certain exits from the old dormitory compound.
Activists in Singapore and Malaysia took the opportunity to highlight various abuses foreigners suffer at the hands of employers. They challenged their governments to initiate proper legislation to protect foreigners against unscrupulous employers, and also against elements of the general public who want to see development but refuse to share their public space with the people recruited from around the world to build their infrastructure.
Middle East and north Africa director at Human Rights Watch, Sarah Leah Whitson, says "governments have the primary legal obligation to enforce international labour standards, but respect for the workers' rights and dignity starts with employers".
International labour rights advocates argue that these standards should apply not only to local citizens but also to the migrant workers on whose shoulders rest the future of emerging economies such as SA, Brazil, India, Angola, Nigeria, the United Arab Emirates (UAE), Singapore and Malaysia.
Writing for BBC World Service, Tim Mansel has talked about another face of Dubai -- a city built virtually from scratch. "Twenty years ago, few of these gleaming towers existed -- and the men building are migrants from India, Pakistan, Bangladesh and Nepal." He says he has found them living in concrete barracks on the "outskirts of the city, where the desert begins, thousand upon thousand of them with no rights and very little to improve their lot".
Mansel notes that organisations such as the World Bank and the International Monetary Fund, as well as the US, have also called on the UAE to improve labour conditions there. "One of the world's largest construction booms is feeding off of workers in Dubai, but they're treated as less than human," says Whitson.
The governments of developing economies acknowledge that they need to build their economies through the migrant labour system and are making it easier for their business sectors to import skills.
SA's government has for years made it almost impossible to legitimise migrant labour. This continues to encourage unscrupulous employers to abuse their workers, who are often undocumented or struggle for years to get work permits.
Even with its background of human rights activism , SA's government has poorly handled the labour and other human rights of those citizens of our poorer neighbours attracted by our growing economy.
More than half of the Zimbabweans in SA have much-needed skills -- such as nursing, teaching and artisanship -- yet we continue to suffer immeasurable economic losses because our government fears it might offend its political allies if it takes advantage of Zimbabweans' idle talents.
Considering that taxpayers are already bearing the brunt of this waste of human resources through social services and the strain on infrastructure, I would expect the government to at least get its money's worth by allowing businesses to hire the foreigners and to pay them appropriately.
Maybe our government will learn something from a a 15m initiative by the United Nations (UN) and the European Union (EU) announced last week to promote migration and help protect migrant workers amid the global financial crisis. The programme has been launched on the sidelines of the Global Forum on Migration and Development in Manila amid concerns from nongovernmental groups that the crisis could force countries to restrict the entry of migrant workers.
"We've seen how ineffective simple prohibition policies in regard to migration actually are. They don't really work. Migrants migrate. They will find a way, one way or another, to do it," says Peter Sutherland, the UN secretary-general's special representative on migration.
"What we have to do," Sutherland says, "is foster adequate co-operation between countries of origin and countries of destination to constructively address issues of migration."
As a signatory to various UN human rights accords , SA should be quicker to extend international labour standards to migrant workers in this country. SA's government is harming its own image by pretending not to see that the UN-EU initiative underscores the positive effect that migration can have on the development of any country's economy.
Radebe is diplomatic editor.
(c) 2008 AllAfrica, All Rights Reserved
Monday, November 10, 2008
Detective jailed for maid abuse
The following article was first published in the Straits Times on 10 Nov 2008.
Detective jailed for maid abuse
By Selina Lum
Reproduced photo caption: Lawrence Lim Hwang Ngin was sentenced to a year's jail for abusing his Indonesian maid. -- ST PHOTO: SHAHRIYA YAHAYA
A DETECTIVE from the Criminal Investigation Department was sentenced to a year's jail by the High Court for abusing his Indonesian maid.
Justice Kan Ting Chiu, in sentencing Lawrence Lim Hwang Ngin, 35, noted that he had abused his position as a police officer and caused fear in the maid.
The judge found Lim guilty of kicking and hitting the maid on five occasions.
He pointed out that the circumstances leading to the assaults were 'minor domestic matters'.
Lim was convicted in August of kicking and hitting his maid on five occasions.
However, he was acquitted of seven charges of sexual abuse, including one count of rape.
Lim has appealed against his conviction for maid abuse and is out on bail of $70,000.
Detective jailed for maid abuse
By Selina Lum
Reproduced photo caption: Lawrence Lim Hwang Ngin was sentenced to a year's jail for abusing his Indonesian maid. -- ST PHOTO: SHAHRIYA YAHAYAA DETECTIVE from the Criminal Investigation Department was sentenced to a year's jail by the High Court for abusing his Indonesian maid.
Justice Kan Ting Chiu, in sentencing Lawrence Lim Hwang Ngin, 35, noted that he had abused his position as a police officer and caused fear in the maid.
The judge found Lim guilty of kicking and hitting the maid on five occasions.
He pointed out that the circumstances leading to the assaults were 'minor domestic matters'.
Lim was convicted in August of kicking and hitting his maid on five occasions.
However, he was acquitted of seven charges of sexual abuse, including one count of rape.
Lim has appealed against his conviction for maid abuse and is out on bail of $70,000.
Sunday, November 9, 2008
Chikungunya more painful than dengue
The following article was published in The Straits Times on 9 Nov 2008.
Chikungunya more painful than dengue
By GRACIA CHIANG
The Straits Times
09/11/2008
In the past week, construction worker Akikur Gaziar Rahman has drunk only water and eaten only fruits.
He usually enjoys curry rice, but just a whiff of it now makes the Bangladeshi throw up.
Mr Rahman, 21, is among the latest victims of chikungunya fever, which has hit about 350 people this year.
"I drink only water when I'm hungry, and eat only apples and oranges because I will vomit," he said.
He stays in Bah Soon Pah Road, off Sembawang Road, one of the biggest chikungunya clusters with 23 local cases as at Nov 3. The area has several hydroponic farms and makeshift dormitories that house foreign workers like him.
When The Sunday Times visited him on Friday, he complained of joint pains from his hands to his feet.
"I must sit down all the time because I feel pain whenever I stand up," he said.
Weakened by the virus, he can barely stand for more than 15 minutes and gets up every three hours to use the bathroom.
Mr Rahman had visited a doctor on Nov 1 after developing a fever and was given medication. When his fever persisted over the next five days, he made a second visit, which led to a blood test. He was then told that he had tested positive for the virus.
"I thought I was sick because I have been working very hard," he said.
Chikungunya is a mosquito-borne disease with symptoms similar to those of dengue fever. Fever, joint aches, chills, nausea and rashes are common.
No cure exists for the viral disease, which usually lasts three to 10 days.
There were 62 cases in the last three weeks alone, of which three-quarters were caught locally. The infection has also spread to more places.
Associate Professor Leo Yee Sin, clinical director of the Communicable Disease Centre, said the chikungunya patients she sees suffer from more severe joint pains than dengue patients.
These pains can last for months, whereas those experienced by dengue patients usually last up to a few weeks.
"Many of my patients with chikungunya have pain that is so debilitating that they can't get up from their bed. That's the kind of intensity."
However, she added that chikungunya patients tend to have shorter durations of fever that last between five and six days, compared to dengue patients' fever, which can last beyond a week.
While the virus is rarely fatal, she has had some patients who required intensive care because of low blood pressure, dizziness or liver inflammation.
Mr Rahman said he had never felt so weak before.
"I was never scared of mosquitoes before, but now I'm very scared and I use a mosquito net every night."
Chikungunya more painful than dengue
By GRACIA CHIANG
The Straits Times
09/11/2008
In the past week, construction worker Akikur Gaziar Rahman has drunk only water and eaten only fruits.
He usually enjoys curry rice, but just a whiff of it now makes the Bangladeshi throw up.
Mr Rahman, 21, is among the latest victims of chikungunya fever, which has hit about 350 people this year.
"I drink only water when I'm hungry, and eat only apples and oranges because I will vomit," he said.
He stays in Bah Soon Pah Road, off Sembawang Road, one of the biggest chikungunya clusters with 23 local cases as at Nov 3. The area has several hydroponic farms and makeshift dormitories that house foreign workers like him.
When The Sunday Times visited him on Friday, he complained of joint pains from his hands to his feet.
"I must sit down all the time because I feel pain whenever I stand up," he said.
Weakened by the virus, he can barely stand for more than 15 minutes and gets up every three hours to use the bathroom.
Mr Rahman had visited a doctor on Nov 1 after developing a fever and was given medication. When his fever persisted over the next five days, he made a second visit, which led to a blood test. He was then told that he had tested positive for the virus.
"I thought I was sick because I have been working very hard," he said.
Chikungunya is a mosquito-borne disease with symptoms similar to those of dengue fever. Fever, joint aches, chills, nausea and rashes are common.
No cure exists for the viral disease, which usually lasts three to 10 days.
There were 62 cases in the last three weeks alone, of which three-quarters were caught locally. The infection has also spread to more places.
Associate Professor Leo Yee Sin, clinical director of the Communicable Disease Centre, said the chikungunya patients she sees suffer from more severe joint pains than dengue patients.
These pains can last for months, whereas those experienced by dengue patients usually last up to a few weeks.
"Many of my patients with chikungunya have pain that is so debilitating that they can't get up from their bed. That's the kind of intensity."
However, she added that chikungunya patients tend to have shorter durations of fever that last between five and six days, compared to dengue patients' fever, which can last beyond a week.
While the virus is rarely fatal, she has had some patients who required intensive care because of low blood pressure, dizziness or liver inflammation.
Mr Rahman said he had never felt so weak before.
"I was never scared of mosquitoes before, but now I'm very scared and I use a mosquito net every night."
Monday, November 3, 2008
Foreign Worker Sues Boss and Gets $100,000
He sues boss and gets: $100,000
By Crystal Chan
02 November 2008
The New Paper
M'SIAN WORKER GIVEN $4,400 FOR WORK INJURY
MR ONG Kean Lim, 23, did what few foreign workers would dare to do: He said no to compensation for his injuries from the Manpower Ministry (MOM).
Instead, he took his employers to court.
And won.
He walked away with $100,000. If he had accepted the MOM assessment, he would have got only $4,410 for injuries which have affected his speech and facial muscles.
The Malaysian was lucky to survive when he fell 7m (about two-storeys high) from a platform while doing wiring work on 7Oct, 2005.
He suffered fractures that required metal plates to be inserted in his face, and neck wounds that led to part of his thyroid gland being removed.
The MOM had assessed last year that he would get compensation of $4,410 because his degree of disability was assessed to be only 3 per cent.
In September, he was awarded $100,000 in damages after his former employer Mass Power Engineering accepted 90 per cent of the blame for the accident.
Mr Ong, who was an electrician, told The New Paper: 'What I got (from the court) is such a big difference from what the MOM offered. Till today, I'm wondering if I'm dreaming.
'I haven't paid my lawyer yet but I'll give her $5,000 of what I get. The rest of her costs will be paid by Mass Power's insurer.'
Why did he take the risk? Because, he said, he felt the MOM's assessment was insufficient.
'There's permanent numbness in my face and I can't raise my voice anymore. I used to go for karaoke sessions regularly but I can't do this anymore.'
Repeating himself
His said his voice is also hoarse and he often has to repeat himself to be understood.
He recalled his despair when he woke up in Singapore General Hospital to find that his voice had changed.
Mr Ong said: 'I asked the doctors why my speech was slurred. They said it was because part of my thyroid gland had to be removed because my injuries were serious.
'I felt very sad when I heard this. I also worried that I'd be disadvantaged when I go for job interviews.'
During the interview, Mr Ong had to pause after every 10 minutes of talking, because of facial numbness.
Mr Ong continued to work for Mass Power two months after the accident.
He resigned in December 2005 and filed the suit in July last year soon after he rejected the MOM's assessment of compensation.
He said: 'I resigned because my family was uncomfortable about my job, even though my supervisors were compassionate and stopped me from doing heavy tasks.
'In fact, when I told my ex-bosses I wanted to sue, they said it wasn't a problem as the company's insurers would pay.'
Are more foreign workers willing to follow MrOng's gamble?
MOM statistics show there were 14,927 workmen's compensation cases last year.
Accepting the MOM's assessment means the worker cannot pursue legal action against the employer.
Lawyers believe that for every 10 injured workers, at least five would sue their employers for more compensation, if they were aware of their legal rights.
Indeed, Mr Ong, who comes from Kuala Kurau, a fishing village in Perak, was worried about the consequences.
'If I'd lost, not only would I not get a cent, but I'd also have to pay Mass Power's legal costs.
'My family was also not confident. They tried persuading me to accept MOM's assessment and move on.'
But Mr Ong's lawyer, Ms Grace Malathy, assured him she was confident of winning.
She said: 'When he came to me, I told him he could easily get at least three times what the MOM assessed for him because his employer had failed to provide a safe working environment.'
What now? Mr Ong said he plans to continue working here as the salary is higher than what he would get in Malaysia.
He earns $850 a month as a general worker in a cabling company.
'I sued because I wanted to have some money in case I need more surgery in future.'
He may need what is called a thyroplasty or laryngoplasty to ease his voice conditions. The procedures would cost at least $8,000.
He would also need injections to relieve the itchiness of the T-shaped scare on his chest every year. The jabs would cost $1,000.
Mr Ong said: 'I have a girlfriend but I doubt I'll marry soon because I want to earn more money.
'I also have to pay my lawyer and, depending on how my work turns out, I may return to Malaysia to start a business.'
When The New Paper contacted the lawyer for Mass Power's insurer, he declined comment.
Why courts often award higher damages
LAWYERS who spoke to The New Paper said workers usually get more compensation if they take their employers to court.
This is because the courts allow damages to be paid for a worker's 'suffering and pain' while the Work Injury Compensation Act does not.
One example is that of Mr Heng Yeow Pheow, who was killed in the Nicoll Highway collapse along with three others on 20 Apr 2004.
The MOM offered compensation of up to $111,000 to the four victims.
But Mr Heng's widow, Madam Poa Beng Hong, sued the contractor, Nishimatsu-Lum Chang JV, and got $410,000 in a settlement.
Employees doing manual work or those earning under $1,600 a month are entitled to compensation if injured or killed.
Lawyer PE Ashokan of Khattar Wong said: 'MOM's assessment is on a no-fault basis. Regardless of whether the employer is negligent or not, the worker will be compensated as long as he's injured.
'It's a trade-off because it's a faster process as the worker doesn't need to show the employer was at fault.'
The Work Injury Act also caps the claim for medical expenses at $25,000. Claims for incapacity range from $60,000 to $180,000.
Mr Ashokan said the MOM's assessment for incapacity would depend on the worker's age and earning capacity.
Damages awarded by courts do not have any cap.
But another lawyer, MsAnuradha Tiwary of Vision Law LLC, cautioned that workers should not be quick to take legal action.
She said: 'When you go to court, the onus is on you to show that the employer was negligent.
'It's a risk you take, because if you lose, you have to pay your employer's legal costs, on top of not getting anything.'
Copyright 2008, Singapore Press Holdings Limited
By Crystal Chan
02 November 2008
The New Paper
M'SIAN WORKER GIVEN $4,400 FOR WORK INJURY
MR ONG Kean Lim, 23, did what few foreign workers would dare to do: He said no to compensation for his injuries from the Manpower Ministry (MOM).
Instead, he took his employers to court.
And won.
He walked away with $100,000. If he had accepted the MOM assessment, he would have got only $4,410 for injuries which have affected his speech and facial muscles.
The Malaysian was lucky to survive when he fell 7m (about two-storeys high) from a platform while doing wiring work on 7Oct, 2005.
He suffered fractures that required metal plates to be inserted in his face, and neck wounds that led to part of his thyroid gland being removed.
The MOM had assessed last year that he would get compensation of $4,410 because his degree of disability was assessed to be only 3 per cent.
In September, he was awarded $100,000 in damages after his former employer Mass Power Engineering accepted 90 per cent of the blame for the accident.
Mr Ong, who was an electrician, told The New Paper: 'What I got (from the court) is such a big difference from what the MOM offered. Till today, I'm wondering if I'm dreaming.
'I haven't paid my lawyer yet but I'll give her $5,000 of what I get. The rest of her costs will be paid by Mass Power's insurer.'
Why did he take the risk? Because, he said, he felt the MOM's assessment was insufficient.
'There's permanent numbness in my face and I can't raise my voice anymore. I used to go for karaoke sessions regularly but I can't do this anymore.'
Repeating himself
His said his voice is also hoarse and he often has to repeat himself to be understood.
He recalled his despair when he woke up in Singapore General Hospital to find that his voice had changed.
Mr Ong said: 'I asked the doctors why my speech was slurred. They said it was because part of my thyroid gland had to be removed because my injuries were serious.
'I felt very sad when I heard this. I also worried that I'd be disadvantaged when I go for job interviews.'
During the interview, Mr Ong had to pause after every 10 minutes of talking, because of facial numbness.
Mr Ong continued to work for Mass Power two months after the accident.
He resigned in December 2005 and filed the suit in July last year soon after he rejected the MOM's assessment of compensation.
He said: 'I resigned because my family was uncomfortable about my job, even though my supervisors were compassionate and stopped me from doing heavy tasks.
'In fact, when I told my ex-bosses I wanted to sue, they said it wasn't a problem as the company's insurers would pay.'
Are more foreign workers willing to follow MrOng's gamble?
MOM statistics show there were 14,927 workmen's compensation cases last year.
Accepting the MOM's assessment means the worker cannot pursue legal action against the employer.
Lawyers believe that for every 10 injured workers, at least five would sue their employers for more compensation, if they were aware of their legal rights.
Indeed, Mr Ong, who comes from Kuala Kurau, a fishing village in Perak, was worried about the consequences.
'If I'd lost, not only would I not get a cent, but I'd also have to pay Mass Power's legal costs.
'My family was also not confident. They tried persuading me to accept MOM's assessment and move on.'
But Mr Ong's lawyer, Ms Grace Malathy, assured him she was confident of winning.
She said: 'When he came to me, I told him he could easily get at least three times what the MOM assessed for him because his employer had failed to provide a safe working environment.'
What now? Mr Ong said he plans to continue working here as the salary is higher than what he would get in Malaysia.
He earns $850 a month as a general worker in a cabling company.
'I sued because I wanted to have some money in case I need more surgery in future.'
He may need what is called a thyroplasty or laryngoplasty to ease his voice conditions. The procedures would cost at least $8,000.
He would also need injections to relieve the itchiness of the T-shaped scare on his chest every year. The jabs would cost $1,000.
Mr Ong said: 'I have a girlfriend but I doubt I'll marry soon because I want to earn more money.
'I also have to pay my lawyer and, depending on how my work turns out, I may return to Malaysia to start a business.'
When The New Paper contacted the lawyer for Mass Power's insurer, he declined comment.
Why courts often award higher damages
LAWYERS who spoke to The New Paper said workers usually get more compensation if they take their employers to court.
This is because the courts allow damages to be paid for a worker's 'suffering and pain' while the Work Injury Compensation Act does not.
One example is that of Mr Heng Yeow Pheow, who was killed in the Nicoll Highway collapse along with three others on 20 Apr 2004.
The MOM offered compensation of up to $111,000 to the four victims.
But Mr Heng's widow, Madam Poa Beng Hong, sued the contractor, Nishimatsu-Lum Chang JV, and got $410,000 in a settlement.
Employees doing manual work or those earning under $1,600 a month are entitled to compensation if injured or killed.
Lawyer PE Ashokan of Khattar Wong said: 'MOM's assessment is on a no-fault basis. Regardless of whether the employer is negligent or not, the worker will be compensated as long as he's injured.
'It's a trade-off because it's a faster process as the worker doesn't need to show the employer was at fault.'
The Work Injury Act also caps the claim for medical expenses at $25,000. Claims for incapacity range from $60,000 to $180,000.
Mr Ashokan said the MOM's assessment for incapacity would depend on the worker's age and earning capacity.
Damages awarded by courts do not have any cap.
But another lawyer, MsAnuradha Tiwary of Vision Law LLC, cautioned that workers should not be quick to take legal action.
She said: 'When you go to court, the onus is on you to show that the employer was negligent.
'It's a risk you take, because if you lose, you have to pay your employer's legal costs, on top of not getting anything.'
Copyright 2008, Singapore Press Holdings Limited
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