The Employees' Compensation Ordinance, Cap. 282
Doubtful Employees’ Compensation Case
Q1.
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How should an employer handle a doubtful employees’ compensation case?
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Q2.
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If an employer considers that he is not obliged to take up any statutory obligation to pay any compensation in relation to a
work-related accident, is he still required to notify the Commissioner for Labour of the accident?
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Content
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Q1.
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How should an employer handle a doubtful employees’ compensation case?
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A1. |
If the employer is in doubt about the cause of an employee’s injury or sick leave, he should conduct preliminary investigation as soon as
practicable, including interviewing the injured employee to obtain details of the accident, inquiring of the witnesses about the circumstances,
assessing the possibility of the work environment leading to the accident, and requesting the attending registered medical practitioner,
registered Chinese medicine practitioner or registered dentist of the injured employee to provide a medical report for reference.
On the other hand, the employer can contact the insurer for appropriate follow-up action, such as arranging a medical examination to
be conducted by a registered medical practitioner, registered Chinese medicine practitioner or registered dentist named by the employer
for the injured employee. The employer may also seek professional legal advice. On encountering a suspected fraudulent case, an employer
may consider forwarding the evidence collected and other relevant information to the Police for action. If the employer is still in doubt about
the work injury case, he may pass his views and the relevant information to the Labour Department. The Labour Department will give its
views to both parties on the likelihood of the case being a work injury from the medical point of view and according to the provisions of the
Ordinance. Please take note that the Labour Department does not have the authority to make adjudication on any dispute of the case.
If the employer and the employee could not reach any settlement with the assistance of the Labour Department, the case shall be determined
by the Court.
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Q2. |
If an employer considers that he is not obliged to take up any statutory obligation to pay any compensation in relation to a
work-related accident, is he still required to notify the Commissioner for Labour of the accident?
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A2. |
According to section 15 of the Ordinance, an employer is required to notify
the Commissioner for Labour of any work-related accident in the
manner set out in the Ordinance, irrespective of whether the accident
gives rise to any liability to pay compensation. If employer is
in doubt about whether a work injury is work-related or cannot reach
a decision over admission of liability, he should inform this department
of his query in reporting the injury at work, either by making a
note in the Form 2, or attaching a full account of relevant information
available to the employer. The Employees’ Compensation Division
of the Labour Department would then render our advice and assistance
as appropriate.
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