When do we need to submit an employees' compensation claim?
If an employee sustains injury or dies as a result of an accident arising out of and in the course of his/her employment, his/her employer is in general liable to pay compensation and must notify the Labour Department and our Company of the accident or prescribed occupational disease as required.
Are we liable to pay compensation in accordance with the Employees' Compensation Ordinance if the employee sustains an injury or dies while working outside of Hong Kong?
Yes. You, as employer, are liable if the employee's contract of employment is entered into in Hong Kong with you conducting business in Hong Kong, provided that the employee sustains the injury or dies due to an accident arising out of and during the course of employment.
If the injured employee consulted a medical practitioner only with no sick leave certificate granted, will you reimburse the medical expense?
Under our Company's employees' compensation policy, if no sick leave was granted to the injured employee, medical expenses will not be reimbursed to the policyholder.
Are the medical expense receipts and sick leave certificates issued by registered Chinese medicine practitioners qualified for employees' compensation claims under the Employees' Compensation Ordinance?
Under the Employees' Cormpenation Ordiance, an employer is liable to pay medical expenses and periodical payments for medical treatment given by and sick leave certificates issued by a registered Chinese medicine practitioner in respect of work injuries caused by accidents happening or prescribed occupational diseases contracted on or after September 1,2008.
Must we submit all original sick leave certificates, medical expense receipts, Form 7 and Form 5 together after the case is finalized?
No. You can submit the original sick leave certificates and medical expense receipts to us on a real-time basis, so that we can follow up the current status of the injured employee.
Do we still need to issue periodical payment and other compensation to the ex-employee who is granted further sick leave due to the work injury?
Yes. If the ex-employee can produce sick leave certificates certifying that a further period of absence from duty is necessary because of the work-related injury (i.e. the period of temporary incapacity), the employer is liable for periodical payments, irrespective of whether there is still an employer-employee relationship. The employer is also liable to pay the medical expenses and compensation for permanent total or partial incapacity as stipulated in the Employees' Compensation Ordinance.
When will you reimburse us for the compensation?
We will reimburse the full compensation amount after the employees' compensation claim is finalized and all original documents have been submitted.
Where can we obtain more information about employees' compensation claims and the Employees' Compensation Ordinance?
You can contact the Labour Department, either in person, by telephone or on the web at www.labour.gov.hk.