| Q: |
What security does an employee who is injured in the course of employment have?
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| A: |
In accordance with the Hong Kong Employees' Compensation Ordinance, for any personal injury by accident arising out of and in the course of the employment, an employee can claim against his employer for compensation.
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| Q: |
How would an employee succeed in claiming the compensation?
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| A: |
The claimant has to be an employee, but not a person whose employment is of a causal nature or an outworker. The injury has to arise out of and in the course of the employment. On the other hand, even though it is purely an accident and there is no negligence on the part of the employer, the injured employee could still receive reasonable compensation under the Ordinance.
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| Q: |
Under the Employees' Compensation Ordinance, does the employer have no security at all?
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| A: |
The purpose of the Employees' Compensation Ordinance is to give reasonable compensation to employee who is injured in the course of employment. Therefore the employer is not liable for deliberate self-injury. On the other hand, it is compulsory for the employer to take out a policy of insurance for his employee under the Ordinance. As a result, in case of accident, the insurance company would pay for the compensation.
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| Q: |
Is a summer student secured under the Employees' Compensation Ordinance?
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| A: |
If the working hours of a summer student are the same as those of a normal employee, when the employment exceeds a month, it would then satisfy the statutory requirements and hence the summer student is secured under the Ordinance.
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| Q: |
How to calculate the sum of compensation?
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| A: |
After the accident, when the injury of the employee becomes stable, it would be assessed by medical specialist the percentage of loss of earning capacity, and additionally according to age and earning, the sum is calculated by the formula prescribed in the Ordinance. The sum of compensation can further be divided into economic loss and non-economic loss.
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| Q: |
Before the injury becomes stable, can the employee be compensated?
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| A: |
If the injury has not yet become stable, while the employee temporarily loses the earning capacity, or needs to stay in hospital for treatment, or needs to be absent from work for rest, the employer is liable for periodical payment.
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| Q: |
Can medical expenses be compensated?
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| A: |
Certainly they can, provided that the expenses are certified by medical practitioner.
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