The Employees' Compensation Ordinance, Cap. 282
Suspected Cases of Prescribed Occupational Disease
Q1. | What should an employee do if he suspects he has contracted an occupational disease specified by the Ordinance? |
Q2. | What should an employee do if it is confirmed that he has contracted an occupational disease specified by the Ordinance? |
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Q1. | What should an employee do if he suspects he has contracted an occupational disease specified by the Ordinance? |
A1. |
If an employee suspects being contracted an occupation disease specified in Second Schedule of the Ordinance, he should seek medical treatment as soon as possible. He should describe to his treating doctor full details of the illness, as well as the occupation, to facilitate the doctor to make diagnosis. If the treating doctor finds or reasonably believes that the employee’s illness is one of the occupational diseases specified in Second Schedule of the Ordinance, and believes that such illness was or may have been attributable to an occupation specified in the Schedule in which he was employee at any time within the prescribed period, he should notify the Commissioner for Labour the employees’ medical condition by filling in the LD483. The Occupational Health Service (OHS) of the Labour Department will study the LD483 and relevant information and take follow up action. (The LD483 is available by calling OHS Office at 2852 4041, or by downloading from http://www.labour.gov.hk/eng/form/oh/ld483.PDF.) |
Q2. | What should an employee do if it is confirmed that he has contracted an occupational disease specified by the Ordinance? |
A2. |
The employee should receive treatment as advised by his treating doctor and submit to his employer relevant confirmation document and original copy of medical certificates, with personal copies, as soon as possible. He should also remind his employer to notify the Commissioner for Labour, within 14 days in prescribed form (Form 2A), of any prescribed occupational disease that comes to his knowledge, irrespective of whether the occupational disease gives rise to any liability to pay compensation. If the employer fails to do so, the employee may, approach the Central Processing Team office or a nearby office of the Employees’ Compensation Division (ECD) of the Labour Department (LD) for assistance. Upon receipt of employee’s information and having ascertained that the employer has yet reported the occupational disease to LD, ECD will issue a letter requesting the employer to report the disease in accordance with the Employees’ Compensation Ordinance. Upon receipt of Form 2A submitted by the employer, the ECD will follow up promptly. |