The following can only be a brief introduction of the legal subject concerned. Before you take any action which may have legal consequence, you should first seek advice from your own lawyer or make an appointment at any District Office to see a volunteer lawyer of the Free Legal Advice Scheme.




(408) EMPLOYMENT 8 - A SIMPLE GUIDE TO EMPLOYEES ON COMPENSATION

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The Employees' Compensation Ordinance applies to all full-time or part-time employees who are employed under contracts of service or apprenticeship, including domestic helpers, agricultural employees, crew members of a Hong Kong ship, and any person employed in any capacity on board of a Hong Kong ship. The Ordinance also applies to employees employed in Hong Kong by local employers injured while working outside Hong Kong. Even if the employer is a person carrying on business outside Hong Kong, or the employee is a crew member of a foreign ship, the Ordinance still applies to employees who have been recruited or engaged in Hong Kong if the employer submits to the jurisdiction of the Courts of Hong Kong.

If an employee sustains a work injury, he should notify the employer, supervisor or human resources department immediately and seek medical treatment or examination from any registered medical practitioner, registered Chinese medicine practitioner or registered dentist of a public hospital or clinic or as assigned by his employer. The employee must receive follow-up treatment if necessary, and present the original sick leave certificates and medical expenses receipts to employer as soon as possible, while retaining copies of such certificates and receipts for own reference. If the employer fails to report the accident to the Labour Department, the employee may file a notification of accident at the Employees' Compensation Division of the Labour Department, which will follow up the case.

An employer is obliged to pay his injured employee periodical payments at the rate of four-fifths of the difference between the employee's monthly earnings at the time of the accident and his monthly earnings during the period of his absence from duty as certified by registered medical practitioner, registered Chinese medicine practitioner or registered dentist. The periodical payments shall be payable on the same days as wages would have been payable to the employee.

If the injured employee's sick leave is not more than 7 days and with no permanent incapacity, the employer should make periodical payment for the sick leave required, on the same days as wages would have been payable to the employee. The employer should also pay the medical expenses concerned.

If the injured employee's sick leave is over 7 days or the injury would likely results in permanent incapacity, after the employer has reported the case and admitted the employees' compensation liability, the Labour Department will arrange for the employees medical clearance and, if necessary, medical assessment. The Employees' Compensation Assessment Board will issue to the employer and the employee a Certificate of Assessment (Form 7) stating the assessment result. Besides, the Labour Department will issue to the employer and the employee a Certificate of Compensation Assessment (Form 5) stating the amount of compensation payable under the Ordinance. The employer should pay the employee within 21 days from the date of issue of the certificate the amount of compensation, or any outstanding amount, stated in the certificate. The employer should also pay the medical expenses concerned.

An employee who has given notice of an accident shall submit himself to a free medical examination by a registered medical practitioner, a registered Chinese medicine practitioner or a registered dentist named by his employer when this is offered within seven days of his giving notice. An employee who is receiving periodical payments from his employer shall also submit himself to such free medical examination. If an employee fails without reasonable excuse to do so, his right to compensation shall be suspended or even forfeited.

An employer shall not terminate the contract of service or give notice of termination to an employee injured in a work accident unless the relevant certificate has been issued or the case has been settled.

Besides, according to the Employees' Compensation Ordinance, application to Court for employees' compensation has to be made within 24 months from the date of the accident causing the injury. Injured employee should seek legal advice and assistance to file the claim at Court when necessary.

For further enquiries on the Ordinance, please call enquiry hotline of Labour Department at 2717 1771. The hotline is handled by "1823 Call Centre".

Date of amendment: 22nd February 2013