Friday, September 14, 2007

Four Workers Convicted For Fraudulent Claims Under Workmen's Compensation Act

(Extracted from MOM website)
13 August 2007

The Ministry of Manpower has stepped up enforcement to deter abuse of the workmen's compensation system. This year, four workers were prosecuted for making fraudulent claims under the Workmen's Compensation Act (WCA). They were convicted and jailed ranging from four to six weeks for attempting to claim work injury compensation though they were not injured in the course of work.

Workmen's compensation claims only for work-related Injuries
Under the Workmen's Compensation Act, workmen are eligible for compensation for work-related injuries. However for those who attempt to cheat by submitting false claims, stern action including prosecution will be taken against them. At the same time, those who have abetted in the offence either by intentional aid, instigation or conspiracy will also face the same punishment as the worker, if convicted. Anyone who is convicted faces a maximum fine of $2000 and/or up to 3 months' jail for each charge.

Case 1
On 24 October 2005, a construction worker submitted a workmen's compensation claim through his employer, an electrical engineering works company. He reportedly injured his left knee on 28 September 2005, when he fell down a staircase while working at a construction site.
Key Investigation Findings
Investigations revealed that the medical evidence was inconsistent with the worker's account of the alleged accident. Evidence from a co-worker also established that the worker had fabricated the alleged accident.
Prosecution action
Based on investigations, MOM prosecuted the worker for twice attempting to deceive the Ministry by making a false claim under the WCA. He pleaded guilty to two charges of giving false information and was sentenced to 4 weeks in jail on 9 January 2007.

Case 2
On 4 April 2005, a marine worker lodged a workmen's compensation claim with MOM for an injury sustained during work on 2 September 2004. He claimed that he injured his right hand and wrist when he fell from a staging while using a hydro jet to wash the sides of a vessel.
Key Investigation Findings
Investigations revealed that the worker was actually injured after falling off a bicycle when outside the worksite and not during the course of work.
Prosecution action
MOM prosecuted the worker on 6 Feb 2007 for two counts under WCA for giving answers to the Commissioner of Labour which he knew to be untrue. He was subsequently found guilty of both charges and was sentenced to 5 weeks jail per charge to run concurrently.

Case 3
On 18 Sept 2006, a construction worker lodged a workmen's compensation claim with MOM through his lawyer, claiming injury sustained on 3 Oct 2005 while working at a house renovation project. According to the accident report, he fell off a ladder when he was standing on the ladder to fix glass panels to the roof. He claimed that he lost his balance as the ladder was wobbly.
Key Investigation Findings
Investigations revealed that the worker had fabricated the alleged accident. Evidence from the employer and a co-worker established that the worker was not even at work on the day of the alleged accident.
Prosecution action
MOM charged the worker on 4 May 2007 for 2 counts under WCA for giving answers to the Commissioner of Labour which he knew to be untrue. He guilty of both charges on 14 May 2007 and was sentenced to 4 weeks in jail based on 2 weeks per charge, to run consecutively.

Case 4
On 12 Oct 2006, a construction worker lodged a workmen's compensation claim with MOM through his lawyer claiming that he was injured on 7 Oct 2006 while alighting from his lorry outside his quarters after work. The worker claimed that he slipped and fell onto the road, injuring the back of his head, upper left shoulder and lower left leg.
Key Investigation Findings
Investigations revealed that the worker's injuries were in fact suffered in the course of a fight with his co-worker and not due to an accidental slip while alighting from the company lorry.
Prosecution action
MOM charged the worker on 26 Apr 2007 for two counts under WCA for giving answers to the Commissioner of Labour which he knew to be untrue. He pleaded guilty on 23 May 2007 and was sentenced to 6 weeks per charge to run concurrently.

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