Employees' Compensation Insurance

Employees’ Compensation (EC) cover is a legal requirement of all employers, to insure their staff according to the Employees’ Compensation Ordinance and common law. The Employees’ Compensation Ordinance is a no fault insurance which lays down certain fixed compensations for say loss of a limb, loss of an eye, finger, life and so on and which directs a court as to compensation for injury cases regarding pain and suffering, loss of future employment prospects etc. In addition the insurance protects us in case the staff or their estate sue us for being negligent in some way that contributed to the accident. The EC cover does NOT protect the staff on their day off, i.e. the injury must be work related. This was highlighted to one of our clients when his helper was the victim of an unprovoked attack during a basketball game in Victoria Park on 1 July 2010. He was knocked unconscious and became a paraplegic due to head injuries when his head hit the concrete. After a couple of months and a number of operations, he has not recovered but as no more could be done and his condition was stable, he was released and had to be escorted home to the Philippines with a court case still proceeding. Personal Accident provisions of his employer's Helper policy should pay HKD100,000 and the Criminal Injuries Compensation Board, a further HKD200,000.