Employees' Compensation Claims: 10 FAQs

1. Who is eligible for employees' compensation?

 Any employee working in Hong Kong, including fulltime, parttime, temporary, and apprentices, can claim compensation.


2. What situations qualify for employee compensation?

  • You can claim if you suffer an injury or death
  • During work or related to your work.
  • From a prescribed occupational disease.
  • While working outside Hong Kong (certain conditions apply).


3. How do I make a claim?

  •  Inform your employer immediately after the accident or diagnosis of a disease.
  • Fill out the "Employees' Compensation Claim Form."
  • Your employer must report the claim to the Labour Department within 7 days.


4. What compensation can I receive?

 You may be eligible for:

  • Temporary incapacity allowances.
  • Permanent incapacity allowances.
  • Death benefits (for dependents).
  • Medical expenses.
  • Funeral expenses.


5. How are my earnings calculated?

 Compensation is based on your average monthly income for the 12 months before the incident.


6. How are medical expenses covered?

  •  Inpatient treatment: Actual incurred costs are covered.
  • Outpatient treatment: partial.


7. What about medical clearance and assessment?

  •  You get paid sick leave during your recovery, with wages covered by your employer.
  • Your employer reports the accident and arranges for a medical assessment to determine permanent loss of earning capacity.


8. Can I settle my claim through "Paper Medical Clearance"?

 Yes, under specific conditions, you and your employer can agree to settle without an assessment.


9. What happens if my claim is doubtful?

 The Labour Department investigates and may appoint a panel to assess the claim.


10. What happens if I disagree with the compensation assessment?

  • You have the right to object to the assessment within certain period of time of the accident date.
  • File a written objection to the Commissioner for Labour, with a copy to your employer.
  • The Commissioner will review the assessment and issue a revised certificate.
  • If you're still unsatisfied, you can apply to the District Court for compensation withincertain period of time of the accident date.


Remember: Seeking legal advice is always recommended for navigating the intricacies of your specific case and ensuring you receive the full compensation you are entitled to.

Contact our Dispute Resolutions Team

Tel/WhatsApp 64199999, Tommy Lo, Lawyer

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