SINGAPORE - The High Court, in rejecting a negligence claim by a worker whose fingers were crushed at work, advised lawyers and employees to assess their cases carefully before choosing to sue instead of claiming under the work injury compensation scheme.
The Indian national worked for recycling company Kim Hock Corporation, which, among other things, burns waste wood in boiler furnaces to produce energy. The plaintiff alleged that on the day in question, his supervisor told him that a particular valve had tripped. He said he opened the chamber cover of the valve and was removing a short steel bar when the valve suddenly"came back to life".However, the employer contended that it was not possible for a tripped valve to come back to life unless a series of steps were taken.
The district judge found that he injured himself through his own carelessness and had to bear 50 per cent of the responsibility. The judicial commissioner allowed the employer's appeal, saying there was insufficient evidence to prove it had been negligent in failing to install an automatic tripping mechanism.
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