Foreign worker hurts hand while moonlighting, claims $5k compensation from Stomper's company

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Lionhead


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A company owner alleged that one of his foreign workers got injured while moonlighting and claimed compensation from his company.

Stomper Lionhead had read a previous Stomping Ground article about an employee who exploited the Work Injury Compensation Act (WICA) at the expense of the employer.

"As an employer, I faced the same problem," said the Stomper, whose case did not involve WICA.

"My case was a worker who snuck out to moonlight with his ex-supervisor during working hours and hurt his hand.

"During his medical leave, I, as the boss, had to pay for food, accommodation and the levy. It is very unfair for bosses to pay.

"Now the levy for a foreign worker is $900 per month. It is crazy expensive."

The Stomper believes the Ministry of Manpower (MOM) should get all foreign workers to bear the cost of their own insurance.

He said WICA is not the cheapest solution for workers.

WICA lets employees make claims for work-related injuries or diseases without having to file a civil suit under common law. It is a low-cost and quicker alternative to common law for settling compensation claims.

"WICA comes in only when the worker allows it. The employer has no right to decide," said the Stomper.

"So if the worker and his lawyer choose common law instead of WICA, the employer has no choice.

"During this period, the worker doesn't work, which means negative financials for the employer because the boss needs to pay for food and accommodation. This can last more than a year if the worker chooses common law instead of WICA.

The Stomper added that the lawyer gets a 20 per cent cut of whatever the worker receives in compensation.

"For my case, my ex-worker was compensated $5,000 and the lawyer got $1,000 on top of their administrative charges," said the employer.

"My worker only slightly sprained his hand and demanded to go to the hospital and see a doctor because the lawyer insisted that the worker must be admitted to a hospital to get a higher claim. So that's the loophole."

But that was not the only problem.

The Stomper claimed: "During his medical leave, the worker taught his colleagues how to make such claims and even spoke badly of the company to make his housemates moody with no mood to work.

"In fact, MOM should keep these injured workers who are in the process of making a claim and getting medical treatment inside an MOM shelter.

"This way, security can monitor their movement as they need to report in and out. There is a canteen and essentials shop in the MOM shelter, which is good, but MOM insists employers keep the workers in our own accommodation.

"I have eliminated a whole batch of workers just because of the injured worker staying with them."

The injured worker has since left Singapore but seeks to return, according to the Stomper, who is concerned the worker would become a problem for another employer.

"MOM should give out worker's medical history so that companies can decide to hire or not," suggested the Stomper,

"It isn't fair to know only when the worker starts working.

"Because to get the job, the worker could lie about his health and say it's a misunderstanding due to the language as he didn't understand during the interview.

"I have spent thousands of dollars just to get the worker to come to Singapore to work. Who will compensate me for my loss?"

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