Ong Kim Teck v Quek Chin Hwa: Assessment of Damages for Workplace Injury

In the High Court of Singapore, Ong Kim Teck sued Quek Chin Hwa for damages resulting from a workplace injury sustained on 30 May 2015. Ong, an employee of Quek, fell from a height of 3.5 meters, sustaining fractures. Interlocutory judgment was entered by consent on 7 December 2016, with 90% of the overall damages to be paid by the Defendant. The court assessed damages for pain and suffering, future medical expenses, loss of earnings, and transport expenses, ultimately awarding Ong Kim Teck a total of $244,265.60, with $219,839.04 payable by the Defendant after apportionment.

1. Case Overview

1.1 Court

High Court of the Republic of Singapore

1.2 Outcome

Judgment for Plaintiff

1.3 Case Type

Civil

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Assessment of damages for Ong Kim Teck's workplace injury claim against Quek Chin Hwa. The court awarded damages for pain, suffering, and loss of earnings.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Ong Kim TeckPlaintiffIndividualJudgment for PlaintiffWon
Quek Chin Hwa t/a Quek Chin Hwa ConstructionDefendantIndividualPartial LossLost

3. Judges

Judge NameTitleDelivered Judgment
Li Yuen TingAssistant RegistrarYes

4. Counsels

Counsel NameOrganization
Namasivayam SrinivasanHoh Law Corporation
Chey Cheng Chwen AnthonyRHTLaw Taylor Wessing LLP

4. Facts

  1. Plaintiff was employed by the Defendant as a painter.
  2. Plaintiff fell from a height of 3.5 meters at the Defendant's workplace.
  3. Plaintiff sustained fractures on his right ankle and lower back.
  4. Plaintiff underwent surgery for his right ankle fracture.
  5. Plaintiff developed osteomyelitis as a complication of the ankle fracture.
  6. Plaintiff has not been able to return to his previous employment as a painter.
  7. Plaintiff received medical leave wages amounting to $20,920.

5. Formal Citations

  1. Ong Kim Teck v Quek Chin Hwa (trading as Quek Chin Hwa Construction), Suit No 777 of 2016 (Assessment of Damages No 13 of 2017), [2017] SGHCR 19

6. Timeline

DateEvent
Plaintiff injured at Defendant's workplace
Plaintiff underwent surgery for right calcaneal fracture
Plaintiff admitted to Singapore General Hospital
Plaintiff underwent second surgery
Plaintiff underwent further abscess wound debridement and drainage
Plaintiff discharged from hospital
Dr Chang's medical report
Interlocutory judgement by consent entered
Hearing date
Hearing date
Hearing date
Judgment reserved

7. Legal Issues

  1. Assessment of Damages
    • Outcome: The court assessed and awarded damages for pain and suffering, future medical expenses, loss of earnings, and transport expenses.
    • Category: Substantive
    • Sub-Issues:
      • Pain and Suffering
      • Future Medical Expenses
      • Loss of Earnings
      • Loss of Earning Capacity
  2. Mitigation of Loss
    • Outcome: The court found that the Plaintiff had not adequately mitigated his loss of earnings.
    • Category: Substantive
  3. Interest on Damages
    • Outcome: The court awarded interest on general and special damages.
    • Category: Procedural

8. Remedies Sought

  1. Monetary Damages

9. Cause of Actions

  • Negligence

10. Practice Areas

  • Personal Injury Litigation

11. Industries

  • Construction

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Pandian Marimuthu v Guan Leong Construction Pte LtdDistrict CourtYes[2002] SGDC 189SingaporeCited for comparison regarding the quantum of award for back injuries, adjusted for inflation.
Wee Sia Tian v Long Thik BoonHigh CourtYes[1996] 2 SLR (R) 420SingaporeCited for the multiplier used in assessing loss of future earnings.
Ong Tean Hoe v Hong Kong Industrial Co Pte LtdHigh CourtYes[2001] SGHC 303SingaporeCited for the multiplier used in assessing loss of future earnings.
Teo Sing Keng v Sim Ban KiatN/AYes[1994] 1SLR(R) 340SingaporeCited for the principles governing the award of interest on damages.
Tian Shaokai v Tiong Hwa Steel Structures Pte LtdHigh CourtYesTian Shaokai v Tiong Hwa Steel Structures Pte Ltd (HC Suit No. 689 of 2011)SingaporeCited for comparison regarding the quantum of award for multiple scars.
Lim Jun Kai (Lin June Kai) v Orientus Country Clubs & Resorts Pte LtdDistrict CourtYesLim Jun Kai (Lin June Kai) v Orientus Country Clubs & Resorts Pte Ltd (DC Suit No. 1010 of 2011)SingaporeCited for comparison regarding the severity of ankle injuries.
Haji Omar bin Mohamed Kassim v Lee Beng HengHigh CourtYesHaji Omar bin Mohamed Kassim v Lee Beng Heng (HC Suit No. 206 of 2008SingaporeCited for comparison regarding the severity of ankle injuries.
Salinah Binte Yusop v The Legal Representative of Muhammad Farhal Dominic Rappa @ Dominic Wilfred Rappa (deceased)High CourtYesSalinah Binte Yusop v The Legal Representative of Muhammad Farhal Dominic Rappa @ Dominic Wilfred Rappa (deceased) (HC Suit No. 551 of 2008)SingaporeCited for comparison regarding the severity of ankle injuries.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
No applicable statutes

15. Key Terms and Keywords

15.1 Key Terms

  • Osteomyelitis
  • Comminuted intra-articular fractures
  • Subtalar joint fusion surgery
  • Debridement
  • Curettage
  • Analgesia
  • Medical leave wages
  • Loss of future earnings
  • Loss of earning capacity

15.2 Keywords

  • workplace injury
  • damages
  • negligence
  • osteomyelitis
  • loss of earnings
  • Singapore
  • painter

17. Areas of Law

Area NameRelevance Score
Damages Assessment90
Personal Injury90
Work Injury Compensation70
Negligence50
Civil Procedure30
Medical Assessment30
Contract Law10

16. Subjects

  • Personal Injury
  • Damages Assessment
  • Employment Law