Work-related injuries and the relevant compensations

Most of the matters that relate to work-related injuries and their respective forms of compensation are governed by the Employees' Compensation Ordinance (Cap. 282 of the Laws of Hong Kong) ("the ECO").

The ECO applies to all full-time or part-time employees who are employed under contracts of employment or apprenticeship, including domestic helpers, agricultural employees, crewmembers of Hong Kong ships, and any persons who are employed in any capacities on board Hong Kong ships.

Employers are liable to pay compensation for injuries that are sustained by their employees as a result of accidents that arise out of and in the course of employment ; or of occupational diseases that are specified in the ECO.

The ECO also applies to employees who are employed by local employers in Hong Kong and are injured while working outside of Hong Kong. Even if the employers are carrying on business outside Hong Kong, or the employees are the crewmembers of foreign ships, the Ordinance still applies if the employers submit to the jurisdiction of the Courts of Hong Kong.

A) Liabilities on compensations

1. What is meant by "an accident arising out of and in the course of employment"?



2. Under what circumstances are employers NOT liable to pay compensation for work injuries?



3. Are there any circumstances in which employers are also liable to pay compensation for injuries that are suffered outside of the workplace (or outside of Hong Kong)?



4. What is a "compensable occupational disease"?

B) Compensation Items

5. My husband died of an accident that happened during his work. What compensation is payable to me or my family members?



6. I was injured and disabled due to an accident that happened during my work. What compensation is payable to me or my family members?



7. Besides the above-mentioned compensations, am I entitled to other payments (e.g. medical expenses) for my work injury?

C) Report on work injuries or related accidents

8. What is the time limit for employers to report work-related accidents to the Labour Department?



9. Can employees report work-related accidents to the Labour Department?

D) Other matters on work injuries

10. What are the arrangements for paying compensation?



11. If I cannot settle the work injury compensation matters with my employer amicably, then what is the time limit for bringing my case to the Court?



12. Are employers obliged to take out compensation insurance policies for all employees?



13. If I am not satisfied with the amount of compensation granted according to the ECO, or I think that my employer has wrongfully neglected the safety measures, then can I claim more?