How to determine whether an injury/accident is a “work injury”? What if there is a dispute about a work injury?

Three categories of persons are not covered by the Employees’ Compensation Ordinance

The “Employees’ Compensation Ordinance” guarantees that employees can obtain compensation from their employers in case of work-related injuries or occupational diseases. It is a pity that citizens generally do not know the laws on work-related injuries and their own rights and interests, and are often confused when facing labor issues. In fact, in addition to the professional diagnosis of a doctor, there are four other factors to consider when judging a work-related injury. What should you do if you encounter a dispute?

First of all, before explaining the judgment of work-related injuries, it is necessary to understand that the “Employees’ Compensation Ordinance” applies to employees employed under employment contracts or apprenticeship contracts, including employees who are employed by Hong Kong employers in Hong Kong and injured due to work while working in other places, and are also protected . But there are three types of people who are not protected by the Employees’ Compensation Ordinance?

• outsourced workers;

• Persons employed on a temporary basis (but still apply to part-time domestic helpers, casual employees employed by an employer as casual employees in that employer’s trade, or casual employees hired or paid through a clubhouse for any games or recreation );

• Family members who live with the employer (though the regulations still apply if the employer’s insurance under the Employees’ Compensation Ordinance specifically covers their family members).

How to judge whether it is a “work injury”?

According to the information from the “Industrial Accident Rights Association”, if you want to initially determine whether an employee’s case/injury is a work-related injury, you can actually judge from the following four conditions:

1. Working hours:

If the injury occurred during normal working hours, it may be a work injury. Moreover, overtime work in the general perception, as long as the employer and supervisor agree, it is also included in the normal working hours.

2. Work place:

Did the employee’s injury occur at a fixed or mobile workplace? If you need to travel to and from multiple places for work in one day, accidents and injuries during the traffic can be regarded as the work place and are also within the scope of insurance.

3. Job content:

A more important factor is whether the employee’s injury case is related to his job content, which is usually regarded as the direct cause of the injury/accident.

4. In the event of an accident:

If the work-related injury occurs due to an accident and meets the above conditions, it can basically be identified as a work-related injury case. Regardless of whether the employee is at fault during the accident, as long as the four conditions are met, he can be protected

What if there is a dispute about a work injury?

In some special cases, there may be individual circumstances that lead to disputes between the employer and the employee on the work-related injury incident. When you disagree, you can choose to report the case to the Labor Department first, and the prescription will make a third-party investigation and judgment.

If an employee suffers from a work-related accident or is diagnosed with an occupational disease specified in the Ordinance, in addition to seeking medical treatment as soon as possible, he should not delay the matter, and should start handing over the matter of compensation to the Labor Department as soon as possible. If you have any questions about work-related injuries, you can call the prescription during office hours.

The above information is for reference only. If you have any questions about tax declaration and accounting, we welcome your inquiries.