Employers’ liability
Where an employee is injured or becomes ill because of his work, Hong Kong law may provide protection through more than one legal route. The law recognises that employers owe significant responsibilities to their employees, and those responsibilities do not necessarily disappear simply because tasks have been delegated to a manager, supervisor, employee, or contractor.
An employee may have rights under the following overlapping legal frameworks:
- Common law duty of care
An employer owes a personal, non-delegable duty to take reasonable care for the health and safety of his employees at work. This duty covers a wide range of situations, including providing a safe place of work, safe equipment, a safe system of working, competent colleagues, and adequate training and supervision. If the employer breaches this duty and the employee suffers injury or illness as a result, the employee may be entitled to claim damages (financial compensation) through the courts.
- Vicarious liability
An employer is strictly liable for the negligence of a fellow employee, provided the act occurred during the course of employment. This means that an employer may be responsible for harm caused by one employee to another, even if the employer did not personally commit the negligent act.
- Breach of statutory duty
Beyond common law, employers must follow safety regulations (e.g., under the Occupational Safety and Health Ordinance (Cap. 509)). Some of these regulations create a private cause of action, allowing employees to sue for damages if a specific safety standard was violated.
Separately, an employee who suffers a work-related injury or occupational disease may be entitled to compensation under the statutory “no-fault” scheme governed by the Employees’ Compensation Ordinance (Cap. 282). Under that scheme, the employee does not need to prove negligence by the employer. It is generally sufficient to show that the injury or disease arose out of and in the course of employment.
It is important to understand that these two avenues (i.e. common law and statutory compensation) can exist side by side, though the courts will ensure there is no double recovery for the same loss.
This topic discusses the common law duty of care owed by the employer. For compensation claims under the Employees' Compensation Ordinance (Cap. 282), please refer to “Matters related to the Employees’ Compensation Ordinance” for further information.
