Employees' compensation explained

February 10, 2020

An employee may claim compensation under the Employees' Compensation Ordinance for a disease if it is a personal injury by accident arising out of and in the course of employment, the Government said today.

 

The Government made the clarification in response to media reports that employees, including medical staff, would not be entitled to protection under the ordinance if they contract the severe respiratory disease associated with a novel infectious agent.

 

In a statement it explained that according to the ordinance, if an employee sustains an injury or dies as a result of an accident arising out of and in the course of employment, or suffers from an occupational disease, the employer is, in general, liable to pay compensation.

 

Although severe respiratory disease associated with novel coronavirus is not a prescribed occupational disease under the ordinance, the ordinance’s section 36 stipulates that an employee may still claim compensation for a disease if it is a personal injury by accident arising out of and in the course of employment, the Government added.

 

The statement noted that if an employee contracts or suspects having contracted the novel coronavirus, the individual should notify their employer immediately so the employer can notify the Labour Department of the injury.

 

If the employee has any doubt as to whether the injury was reported, the individual can contact the department’s Employees' Compensation Division directly.

 

As for government employees, the Government will make compensation in accordance with the relevant legislation and terms of appointment.

 

The Government asserted that the Labour Department understands that there are proposals to amend the law in the community and it is looking into the issue.

 

“Nonetheless, in prescribing a new occupational disease, we have to clearly specify in the legislation what industries and processes in which the employees are engaged have definite risks posed by the disease, as well as the prescribed period within which the employees must have been employed to work in those industries and processes.

 

“As the outbreak situation of novel coronavirus is still developing, the legislative amendment can only be made when definite medical and epidemiological information is available.

 

“In the process, it is also necessary to discuss the details with stakeholders, including the insurance sector and employees and employers of related industries.”

 

The department will closely monitor developments and consult stakeholders about legislative amendments in due course, the statement added.

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