https://www.channelnewsasia.com/singapore/foreign-worker-allowed-resume-court-action-against-construction-firm-lorry-injuries-4224966
Foreign workers being transported in the back of a lorry on Nov 17, 2021. (File photo: Calvin Oh/CNA)
SINGAPORE: A 34-year-old foreign worker who was injured badly while being transported in the back of an open lorry has been allowed to reinstate his court action against the construction firm that employed him.
Mr Gurusamy Muthu Raja was terminated after being found unfit for work and repatriated to India, where he has been unable to find a permanent job.
In a judgment made available on Wednesday (Mar 27), District Judge Shen Wanqin allowed Mr Gurusamy's action to be reinstated despite it having been automatically discontinued in November 2023 due to lack of official follow-up.
Judge Shen said this case presents "a rare and exceptional situation in which it is just and necessary to reinstate the action".
"The accident robbed the plaintiff of his life and livelihood in Singapore, leaving him with no choice but to return to India. While his inaction during the critical period is not ideal, he did what he believed he could to progress the case with the cards he was dealt with in life. As such, his efforts should be recognised, and his inaction pardoned," she said.
Mr Gurusamy was employed by Full House Building Construction at the time of the accident on Aug 29, 2019.
When the lorry driver braked abruptly, he was flung upwards in the back of the lorry and struck by the canopy system.
According to the judge, this accident struck Mr Gurusamy "at the prime of his life and left him with significant injuries to his right elbow and left shoulder" which required surgery.
After the accident, he was medically assessed and found to be unfit for work.
His employer terminated him and sent him back to India on Jan 16, 2021.
Mr Gurusamy is the sole breadwinner for his family. He is still receiving treatment for his injuries.
He commenced a court action against his former employer in June 2021 after he was repatriated home.