A 37-year-old migrant labourer from Tamil Nadu successfully sued his employers in Singapore for negligence after he fell from an overcrowded lorry, according to a report by CNN.
This is a rare victory because migrant workers have been ill-treated for decades in Singapore and very few Singaporean organisations have risen up to bat for their rights even though the city-state is home to about 1.4 million migrant workers, nearly a quarter of its population.
Ramalingam Murugan fractured his leg in 2021 when a co-worker pushed him in an overcrowded lorry as he and over 20 other migrant workers were being ferried from their dormitories to their work site.
Singapore’s sprawling infrastructure and real estate sector depends solely on migrant workers who come from India, Sri Lanka, Pakistan, Bangladesh and other neighbouring South Asian nations.
However, the lack of safe working conditions to which neither the employers nor the government has paid proper attention has led to criticism, especially after the deaths of Toffazal Hossain from Bangladesh and Sugunan Shudeeshmon from India in 2021.
Ramalingam Murugan, the migrant labourer from Tamil Nadu, after hurting himself went to the hospital when the pain did not subside. He underwent a surgery for a leg fracture and was placed on medical leave for about five months.
He then launched a lawsuit against Rigel Marine Services, seeking 100,000 Singapore dollars ($73,500) in damages because he was not able to work because of his injuries.
“He injured himself coming down from a lorry which was overcrowded – a simple thing that turned out to be risky. The injury left him unable to work. And even if he could, he would not have been able to fulfil basic duties required as his knee injury was causing him great pain,” said his lawyer Muhamad Ashraf Syed Ansarai from the Yeo Perumal Mohideen Law Corporation was quoted as saying by CNN.
“He’s been waiting anxiously for two and a half years since it (the accident happened) and is back in India. (He) recovered to an extent but is still unable to work,” Ansarai further added.
Ansarai said Murugan was relieved when he heard that District Judge Tan May Tee ruled in favour of Murugan on August 17 and held Rigel Marine Services responsible for “breach of duty”.
Rigel Marine Services filed a counter-claim against the damages paid to Murugan and even contended that Murugan’s accident was “caused by his own carelessness in failing to watch his footing before alighting from the lorry” but Judge Tan found no contributory negligence on Murugan’s part and said there had been no way for him to avoid the accident since the vehicle was not supposed to carry more than 22 persons at the time.
Ansarai says that it is common for companies, especially those involved in heavy construction, to take risk assessments for granted. Even though Singapore has immensely profited from cheap labour for decades, negligence towards the safety and security of workers has led to public outrage in some cases.
Moreover, workers are also working for long hours sometimes in extreme weather, and without minimum wage. It is common for workers to be brought to their work sites in cars without passenger seats or seat belts. This has resulted in numerous road accidents and deaths.
The government claims that imposition of a ban will cripple the industry. “Employers have stated that if the government imposes a ban, many companies, especially small and medium enterprises, will not be able to continue operating their businesses,” Minister of State for the Ministry of Transport Amy Khor was quoted as saying by CNN.
“From a road safety perspective, it would be ideal for lorries not to carry any passengers in their rear decks but there are very significant practical and operational issues on top of just cost considerations,” she further added.
Meanwhile, Murugan hopes that he will recover soon. “I’m hopeful I will get reasonable compensation for my injuries which have caused me to suffer greatly,” Murugan said, urging other migrant workers to come forward. He says that other migrant workers are afraid of reprisals from their employers due to which they choose to take them to court.
Judge Tan said that damages awarded to Murugan will be assessed at a later stage.
At least 47 organisations and members of the public have demanded that the government mandate use of buses to ferry migrant workers from their dormitories to the work sites. They felt current safety measures for migrant workers were “inadequate”.
“By communicating an intention to ban this unsafe practice… we can send a powerful message about our commitment to ensuring the well being of all workers in Singapore – regardless of their nationality or occupation,” the statement said.
The government has issued a response and said that there are mixed views on this because there are operational aspects included when it comes to these industries and added that there is a shortage of bus drivers in Singapore.
“Beyond financial costs, there are also structural and operational challenges including the availability of alternative modes of transportation,” the Singaporean transport ministry said.
Critics believe that the ruling has instilled a sense of urgency in the Singaporean government. “The ruling serves as an important milestone. It shows the urgency for the Singapore government and its relevant agencies to act,” an activist told the news outlet.
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