Employees’ Compensation Claims

Q      If the work-related accident occurs in Hong Kong, can the injured employee receive medical treatment in Mainland China or other countries outside Hong Kong?
A      According to the Employees’ Compensation Ordinance, the employer is not liable for any medical expenses incurred outside Hong Kong if the accident occurs in Hong Kong, unless there is an agreement in writing made between the employer and employee.

Q      Should the employer fully pay the injured employee for the medical expenses?
A      The maximum amounts of medical expenses payable by the employer are as follows:

  •    Daily maximum for medical treatment as an in-patient in a hospital : HKD200
  •    Daily maximum for medical treatment other than as an in-patient in a hospital : HKD200
  •    Daily maximum for medical treatment both as an in-patient in a hospital and other than as an in-patient in a hospital : HKD280 
Q      If the employer considers that he is liable for the work-related accident, he should undoubtedly report the case to the Commissioner for Labour.  What if the employer considers that he is not liable for the work-related accident, is he still required to notify the Commissioner for Labour of the case?
A      According to Section 15 of the Employees’ Compensation Ordinance, the employer is required to report the work-related accident to the Commissioner for Labour, regardless of whether the accident may give rise to any liability to pay compensation. If the employer is suspicious of the accident, he should submit a full account of the information available together with the duly completed Form 2 to the Labour Department to seek their advice and assistance.
Q      Must all work injury cases go through the procedure of medical clearance?
A      For work injury with a period of temporary incapacity not exceeding 7 days and with no permanent incapacity involved, the case should be settled by “direct payment” or “determination of compensation by agreement according to the Ordinance”. Medical clearance is not required.
           For other cases, the employee should approach the Occupational Medicine Unit of the Labour Department 1 month after the accident for medical clearance.