The Employees' Compensation Ordinance, Cap. 282
Procedures for Medical Clearance and Assessment of Permanent Loss of Earning Capacity
Q1.
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How would an injured employee go through the procedure for medical clearance?
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Q2.
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Will an injured employee be arranged with medical assessment?
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Q3.
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What can an employee do if he/she sustained a work injury involving dental injury?
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Content
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Q1. |
How would an injured employee go through the procedure for medical clearance?
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A1. |
- For the work injury with a period of temporary incapacity not exceeding 7 days and with no permanent incapacity involved, the
case should be settled by “direct payment” (employer to submit Form 2B) or “determination of compensation by agreement according to
the Ordinance” (employer to submit Form 2 and complete Part H “direct settlement”). Employer pays periodical payments and medical
expenses to the employee. Medical clearance or arrangement for assessment on the loss of earning capacity is not required for such cases.
- For any other cases, the Employees' Compensation Division of the Labour Department, upon receipt of the work-accident notification from the employer, will issue a "Medical Clearance Notification" and other related information to the injured employee. The employee should approach the Occupational Medicine Unit of the Labour Department for medical clearance according to the "Medical Clearance Notification". When approach the Occupational Medicine Unit, the employee should bring along the photocopies of all medical certificates, relevant appointment slips and all other related documents.
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Q2. |
Will an injured employee be arranged with medical assessment?
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A2. |
An injured employee may not be arranged with medical assessment. Where it appears that permanent incapacity may result from the injury,
the Occupational Medicine Unit will arrange the injured employee to attend the Employees’ Compensation (Ordinary Assessment) Board for
assessing the percentage of loss of earning capacity permanently caused by the injury. The employee should attend as scheduled. The Assessment
Board will issue and send a certificate of assessment to the employer and the employee separately by mail soon after the assessment.
If it could be substantiated that the injury sustained by the employee, including injuries to limbs and body parts, functional impairment of
organs and mental impairment, etc, are related to the work accident and have caused temporary and/or permanent loss of earning capacity,
the amount of employees’ compensation would be assessed accordingly.
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Q3. |
What can an employee do if he/she sustained a work injury involving dental injury?
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A3. |
Upon receiving a Medical Clearance Notification from Employee Compensation Division, the employee will be advised to bring along
photocopy of medical certificate(s), consultation card(s), hospital receipt(s) and other related documents to the Occupational Medicine Unit
immediately. Staff of the unit will explain to him/her about the procedure on how to proceed the claim of his/her dental injury in details.
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