If an employee sustains an injury or dies as a result of an accident arising out of and in the course of his employment, his/her employer is in general liable to pay compensation under this Ordinance even if the employee might have committed acts of faults or negligence when the accident occurred. Therefore, an injured employee should give the employer notice of the accident as soon as possible. When the employer has been informed the happening of the accident, he/she must notify the Commisioner of Labour within 14 days after the incident (or 7 days in case of death), irrespective of whether the accident gives rise to any liability to pay compensation; elsewise, commits an offence.
According to section 48 of the Employee's Compensation Ordinance, an employer shall not, without the consent of the Commissioner terminate the contract of service of an injured employee; or give notice to the employee of such termination. Elsewise, he shall be guilty of an offence.
An injured employee can enjoy the compensations including:
| The medical expenses for each day of stay in the hospital where an employee is given medical treatment as an in patient. |
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| The medicial expenses for each day on which an employee is given medical treatment other than as an in-patient in a hospital. |
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| The medical expenses for each day on which an employee is given medical treatment both as an in-patient in a hospital and other than as in-patient in a hospital. |
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Note 1: Amount of Compensation If an employee dies as a result of an accident arising out of and in the course of employment, the employer shall be liable to pay compensation for death to his surviving members of the family. The amount of compensation payable is calculated with reference to the age and monthly earning of the deceased employee as below:
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Section 14 (1) of the Ordinance stipulates that an application to the Court for employees' compensation has to be made with 24 months from the date of the accident causing the injury. Therefore, if a case cannot be settled by the end of the 18th month from the date of accident, the employee concerned should contact the Employees' Compensation Division of the Labour Department as soon as possible. Subject to the decision of the employee, the Division would assist the employee either to approach the Legal Aid Department for further assistance, or to register his/her claim direct at the District Court. |
If such injury is caused by the accident arising out of or in the course of employment, the employee is entitled to receive the compensation under the Employees' Compensation Ordinance. Apart from that, where injury is caused to an employee by the negligence, the breach of statutory duty, or other wrongful act or omission of the employer or together with the third party, the injured employee may also bring a separate claim for damages against the third party.
It normally includes:
In a traffic accident, as long as deaths and/or injuries were caused by third party negligence, victims and / or the deceased's family members (irregardless of them being a passer-by, driver or passenger) can claim damages against the negligent party through civil proceedings. Our firm will analyze the case and provide professional legal advice.
In the event of a car accident, people in a messy state of affairs may forget to obtain necessary information. Therefore, should stay calm and bear in mind the following when accidents occur:
If you are the driver, please contact your insurer as soon as possible. If, for any reasons, you are of view that your company may not be willing to compensate on your behalf, you may consider contacting your lawyer. However, you should not delay in contacting your insurer. Most insurance companies do require you to contact them within a specific time, failing which may lead to rejection of your claim. This may affect the progress of the matter, and you may have to bear all civil responsibilities. On the other hand, you should not answer any questions posed by other drivers’ insurers or to make any declaration until you have consulted your lawyer. Before receiving any legal advice, you should refrain from talking about the accident.
Irregardless of whether you are the victim or the driver, you should take some photos at the accident scene. Don’t forget to take photos of the vehicles’ license plates, your wounds and the damages done to the vehicles.
When a person sustains an injury or death and loss of valuables as a result of the third party negligence, he may take proceedings to recover damages from the related organization or party, for example, shopping center or Property Management Office as they have the responsibility of ensuring the safety of visitors and / or residents visiting places which are under their management.
For all accidents caused by third party negligence, if the victim or the deceased's family members can prove the accident was caused by the negligent act , they must apply to the court within three years from the date on which the cause of action accrued.
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If the victim in the case having insufficient financial means, he/she will be advised to apply for Legal Aid services in order to protect his/her best interests in legal matter. If necessary, our firm will provide assistance in the application for Legal Aid Services. |