Tian Shaokai v Tiong Hwa Steel: Damages for Workplace Injury and Loss of Earnings
In Tian Shaokai v Tiong Hwa Steel Structures Pte Ltd, the High Court of Singapore heard a claim by Tian Shaokai, a Chinese national, against his employer, Tiong Hwa Steel Structures Pte Ltd, for damages resulting from a workplace accident. The court, presided over by Assistant Registrar Tan Teck Ping Karen, ruled in favor of Tian Shaokai, awarding damages for medical expenses, loss of future earnings, and pain and suffering. The primary legal issue was the assessment of damages, including loss of future earnings and the extent of the defendant's liability. The court awarded Tian Shaokai a total of $164,885.45, with interlocutory judgment of 85% entered in favor of the plaintiff, amounting to $140,152.63.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Judgment for the Plaintiff.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
High Court case regarding a Chinese national's claim for damages due to injuries sustained in a workplace accident, focusing on loss of earnings.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Tian Shaokai | Plaintiff | Individual | Judgment for Plaintiff | Won | Eric Liew Hwee Tong |
| Tiong Hwa Steel Sructures Pte Ltd | Defendant | Corporation | Judgment against Defendant | Lost | Subramaniam Sundaram, Savliwala Fakhruddin Huseni |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Tan Teck Ping Karen | Assistant Registrar | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Eric Liew Hwee Tong | Gabriel Law Corporation |
| Subramaniam Sundaram | Bogaars & Din |
| Savliwala Fakhruddin Huseni | Bogaars & Din |
4. Facts
- The plaintiff, a Chinese national, was employed by the defendant as a driver.
- The plaintiff was involved in an accident on 11 August 2010, sustaining injuries.
- The plaintiff was on medical leave and light duties for several months following the accident.
- The plaintiff's work permit was terminated, and he returned to China on 4 May 2011.
- The plaintiff was unable to find employment as a driver in China due to his injuries.
- The plaintiff eventually found a job as a kitchen helper in China.
- The defendant declared the plaintiff's gross monthly earnings as $1,029.29 in the Work Injury Compensation Insurance Claim form.
5. Formal Citations
- Tian Shaokai v Tiong Hwa Steel Sructures Pte Ltd, Suit No 689 of 2011, [2013] SGHCR 13
6. Timeline
| Date | Event |
|---|---|
| Plaintiff arrived in Singapore. | |
| Plaintiff was involved in an accident. | |
| Plaintiff went on medical leave. | |
| Plaintiff assigned light duties. | |
| Plaintiff went on medical leave. | |
| Plaintiff ceased medical leave and light duty. | |
| Dr. Tang's medical report was issued. | |
| Dr. Nathan examined the plaintiff. | |
| Dr. Nathan's medical report was issued. | |
| Plaintiff returned to China. | |
| Dr. Wong reviewed the plaintiff. | |
| Dr. Wong's medical report was issued. | |
| Dr. Wong's medical report was issued. | |
| Plaintiff started work as a kitchen helper. | |
| Judgment reserved. |
7. Legal Issues
- Assessment of Damages for Personal Injury
- Outcome: The court awarded damages for open fracture right distal tibia and fibula fracture, closed fracture of left medial malleolus of tibia, potential osteoarthritis of left ankle, scars, loss of future earnings, and future medical expenses.
- Category: Substantive
- Sub-Issues:
- Loss of future earnings
- General damages for pain and suffering
- Special damages for medical expenses
- Pre-trial loss of earnings
- Related Cases:
- [2003] 1 SLR(R) 209
- DC Suit No 4293 of 1998
- DC Suit No 225 of 1998
- [1998] SGHC 167
- [1994] 1 SLR 634
- [2009] SGHC 21
- [2003] 1 SLR 333
- [2002] SGHC 91
- [2012] 3 SLR 1003
- [1996) 2 SLR(R) 420
- Loss of Future Earnings vs Loss of Earning Capacity
- Outcome: The court determined that loss of future earnings was the appropriate measure of damages in this case, as there was a measurable loss of earnings due to the plaintiff's inability to work as a driver.
- Category: Substantive
- Related Cases:
- [1994] 1 SLR 634
- [2009] SGHC 21
- Mitigation of Loss
- Outcome: The court found that the plaintiff was under a duty to mitigate his loss by seeking alternative employment after a reasonable period of recovery.
- Category: Substantive
8. Remedies Sought
- Monetary Damages
- Compensation for medical expenses
- Compensation for loss of earnings
9. Cause of Actions
- Negligence
- Personal Injury
10. Practice Areas
- Personal Injury Litigation
- Employment Litigation
11. Industries
- Manufacturing
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Goh Eng Hong v Management Corporation of Textile Center and another | High Court | Yes | [2003] 1 SLR(R) 209 | Singapore | Distinguished due to the plaintiff's injuries and disabilities being significantly more severe than in the present case. |
| Koh Lu Kuang v Abdul Jalil bin Kader Hussein | District Court | Yes | DC Suit No 4293 of 1998 | Singapore | Cited as a more relevant precedent for the amount awarded for fracture of the left tibia and fibula. |
| Tan Swee Khoon v Balu a/l Sinnathamby | District Court | Yes | DC Suit No 225 of 1998 | Singapore | Cited as a basis for awarding $3,000 for the predisposition to developing osteoarthritis of the left ankle. |
| Aw Ang Moh v OCWS Logistics Pte Ltd | High Court | Yes | [1998] SGHC 167 | Singapore | Cited by the defendant as a basis for awarding a lower amount for scars, as the scars in that case were more severe. |
| Teo Sing Keng & Anor v Sim Ban Kiat | Court of Appeal | Yes | [1994] 1 SLR 634 | Singapore | Cited for the distinction between loss of earnings and loss of earning capacity. |
| Liu Haixiang v China Construction (South Pacific) Development Co Pte Ltd | High Court | Yes | [2009] SGHC 21 | Singapore | Cited for the principle that where there is a measurable loss of earnings, the correct award is for loss of future earnings. |
| Teo Seng Kiat v Goh Hwa Teck | High Court | Yes | [2003] 1 SLR 333 | Singapore | Cited as a basis for determining the appropriate multiplier for loss of future earnings. |
| Wu Liang Zhu v Chan Yue Ming & Anor | High Court | Yes | [2002] SGHC 91 | Singapore | Cited as a basis for determining the appropriate multiplier for loss of future earnings. |
| Poh Huat Heng Corp Pte Ltd and others v Hafizul Islam Kofil Uddin | Court of Appeal | Yes | [2012] 3 SLR 1003 | Singapore | Cited for the adoption of a split multiplicand in calculating loss of future earnings. |
| Wee Sia Tian v Long Thik Boon | High Court | Yes | [1996) 2 SLR(R) 420 | Singapore | Cited for the principle that special damages have to be strictly proven and for the use of documentary evidence to prove income. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| No applicable statutes | |
15. Key Terms and Keywords
15.1 Key Terms
- Medical leave
- Light duty
- Work permit
- Loss of future earnings
- Loss of earning capacity
- Multiplier
- Multiplicand
- Mitigation of loss
- Open fracture
- Osteoarthritis
- Scars
15.2 Keywords
- Personal injury
- Workplace accident
- Loss of earnings
- Damages
- Singapore
- Employment
- Medical expenses
16. Subjects
- Personal Injury
- Employment
- Damages Assessment
17. Areas of Law
- Personal Injury Law
- Employment Law
- Tort Law
- Assessment of Damages