| Pursuant to Hong Kong's Employee Compensation Ordinance (Cap 282), an employee is entitled to claim damages with regard to personal injury, permanent disablement and death suffered in the course of employment, irrespective of whether he or she was at fault during the working period.
Since the law requires employers to purchase mandatory insurance on behalf of their employees, the compensation received by injured employees and their family is payable by insurance companies in actuality.
If the injured employee can prove that the injury is caused by the employer's negligence, he/she can claim damages from the employer by initiating civil litigation. The amount of damages awarded will not be subject to the upper limit stipulated by the Employees Compensation Ordinance.
Taking account of case law, the final amount of damages awarded is more likely than not to be higher than the amount of compensation under employees' insurance schemes.
Despite this, the amount of compensation received by employees (if any) will be deducted from the final award of damages, so that employees will not be over-compensated for their losses.
Please note that if the injured employee wishes to initiate a claim for damages against his/her employer, the claim must be made within the time frame stipulated by the relevant rules and regulations. Otherwise, the right to seek compensation will be lost.
For more detailed information, please feel free to contact us.
The content herein is only for your reference and does not constitute professional legal advice. If you are in doubt, please consult your lawyer or other relevant professionals. |
