Worker set on fire by colleague can claim work injury payout

SINGAPORE - An apprentice carpenter who was set on fire by a colleague can claim compensation from his employer, the High Court ruled on Wednesday, reversing a Labour Court decision.

But the amount of compensation due to Mr Kee Yau Chong, 24, will be assessed by the Labour Court at a later date.

The fiery attack was sparked by a row that erupted when the Malaysian accidentally bumped into Kuu Siau Lam, 65, at their workplace. It happened in June 2011 at SH Interdeco in Senang Crescent in Bedok.

Mr Kee refused to apologise.

Kuu went to the pantry, returned with a metal mug of thinner, splashed it on Mr Kee and set him alight with a lighter.

Mr Kee suffered burns on 28 per cent on his body, including his face, neck, chest and arms. He was hospitalised for 46 days.

In November 2011, Kuu was jailed for four years for causing grievous hurt.

Mr Kee sought workmen compensation from his employer's insurers. But the Labour Court held last July that he was not entitled to a payout under the Work Injury Compensation Act because the incident was neither an accident or work-related.

Mr Kee appealed.

On Wednesday, his pro bono lawyer Tan Hee Joek argued he was injured during working hours and at his place of work.

Mr Tan said it was the tight space constraints of the workplace that resulted in Mr Kee bumping into Kuu.

Mr Suppiah Thangaveloo, for SH Interdeco, said it was a personal row; an employer cannot be held responsible for its workers' sudden and unanticipated acts.

But Judicial Commissioner George Wei said the Labour Court had erred in applying the law to the facts. Mr Tan said the family of Mr Kee, who has returned to Malaysia, was "very happy" with the decision.

Mr William Foo, a SH Interdeco director, said he felt sorry for Mr Kee but could not understand why an employer had to bear responsibility for a fight between workers that was beyond its control.

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