A foreign worker sought to claim damages from his employer after sustaining a work-related injury on Jan. 3, 2021, when he fell off the back of a 12-foot lorry.

He was transported to a worksite with 24 others in the back of the vehicle.

On Aug. 7, District Judge Tan May Tee ruled in favour of the foreign worker, Ramalingam Murugan, against Rigel Marine Services Pte Ltd, which repairs ships, tankers and other ocean-going vessels.

In the judgement made available on Aug. 17, Ramalingam claimed that the accident that resulted in his injuries was caused by the negligence or breach of duty of Rigel Marine Services.

Sustained fracture on right knee, on medical leave for six months

At that time, Ramalingam was employed by Rigel Marine Services as a structural steel and ship painter.

On Jan. 3, Ramalingam was transported from his dormitory on the back of a 12-foot lorry with 24 other workers to Rigel Marine Services at 11A Joo Yee Road in Taman Jurong.

He shared that at Rigel Marine Services, he and the other workers were to alight and transfer to another lorry to be taken to his designated place of work.

According to Ramalingam, it was raining heavily when the lorry arrived, and the workers were in a rush to transfer to the other lorry and take the seats near the front so they would be sheltered from the rain.

As the tailboard of the lorry was not lowered at the time, Ramalingam had to use both hands to hold on to the tailboard and used his left leg to step over the tailboard and place his left foot on the foothold.

However, as he lowered his right leg to the ground, he was pushed by someone else in the lorry waiting to alight after him. He said he was pushed from behind before he could completely alight from the lorry.

Ramalingam lost his balance and fell to the ground with full impact, which resulted in his injury.

His co-workers carried him to a workshop at Rigel Marine Services before a supervisor brought him back to the dormitory.

His knee was swollen, and the pain did not subside.

Ramalingam was transported to Ng Teng Fong General Hospital that evening, where it was discovered he had a closed intra-articular fracture of the right lateral tibial plateau with cartilage injury and meniscal contusion.

He underwent surgical treatment for the fracture and was placed on medical leave from Jan. 3 to Jun. 2, 2021.

Claimed injuries were caused by negligence or breach of duty of the employer

Ramalingam claimed that the accident was caused by negligence or breach of duty by Rigel Marine Services.

However, Rigel Marine Services denied Ramalingam's claim entirely, stating that the accident was caused and/ or contributed by his carelessness by failing to watch his footing or step before alighting from the lorry.

The employer also counterclaimed for the medical expenses that had been paid on Ramalingam's behalf and medical leave wages that had been paid to Ramalingam.

Judge's findings

While Rigel Marine Services argued that Ramalingam's account of the accident was inconsistent, Tan stated that it was clear Ramalingam did suffer a fall when he alighted from the lorry.

In addition, Tan pointed out that there was "clearly a breach of duty on the part" of Rigel Marine Services in failing to put in place a system of safe access to and egress from the deck of the lorry, which caused the accident in the first place.

"As for what steps should have been implemented for safe alighting if the tailboard were to be lowered, this is an aspect that the risk assessment would have addressed and a proper system put in place to ensure the workers' safety," said Tan.

Tan also stated that there was no way for Ramalingam to have avoided the accident as he was pushed from behind, thus, there was no basis for any finding of contributory negligence against him.

Therefore, Tan ruled in Ramalingam's favour against Rigel Marine Services for damages to be assessed with costs and interest reserved for the assessment.

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Top photos via Migrant Death Map & Lawnet.sg