Guide to Handling Work Injuries - (Part 2): How to Apply for Compensation? 4 Things Employers Must Know

Foreign domestic helpers work hard every day to take care of families. If a work injury happens, it doesn’t just affect their health, it can also bring legal and financial pressure for employers. In our previous article, we explained that under the Employees' Compensation Ordinance, employers are responsible for handling compensation. This time, let’s talk about what to do if your helper is really injured and needs to claim compensation.

In Hong Kong, there are several ways to handle work injury compensation, depending on the severity of the injury, sick leave days, and whether both sides agree. Here are the main options:

1. Sick leave less than 3 days: Employer pays directly

For minor injuries (e.g. a small cut or sprain) with less than 3 days of sick leave and no permanent disability, the employer can pay compensation directly. Just pay the helper their normal wages, including sick leave pay, on the usual payday, no need to report to the court or get an assessment.

2. Sick leave more than 3 days but not over 7 days: Agree on compensation

If sick leave is between 4–7 days, still minor, and there’s no permanent loss of work ability, the employer and helper can agree on the compensation amount. It’s best to record this in writing to avoid future disputes, and sick leave pay must be paid by or before the usual payday.

3. Serious injury or lasting effects: Labour Department issues “Compensation Assessment Certificate”

For more serious injuries, such as muscle injury, fracture, or if the helper may have long-term work problems or sick leave over 7 days, the case goes to the Labour Department. They will arrange a medical check-up and issue a Compensation Assessment Certificate (Form 5), stating the compensation amount the employer must pay. If permanent disability is suspected, the case will be referred to the Employees' Compensation Assessment Board for further evaluation (Forms 7 or 8), and the final compensation will be confirmed.

Employers must pay the full compensation and medical expenses within 21 days of receiving the certificate. If either party disagrees with the assessment, they can file an objection in writing within 14 days, and the Labour Department will review and issue a review result (Form 6).

4. If no agreement: Take it to court

If the sick leave is under 3 days but both sides can’t agree, the helper can claim compensation at the Small Claims Tribunal. For more serious or complex cases, it may go to the District Court. However, legal action takes time and effort, so it’s better to settle through the Labour Department or by mutual agreement.

Summary

Handle it early, report properly, and make sure you have insurance

No matter how serious the injury is, employers should act quickly to understand what happened, arrange medical care, contact the Labour Department, and pay the compensation on time. Remember, work injuries don’t always happen because of the helper’s mistake. Even if it was their own carelessness, employers are still legally responsible.

Having a comprehensive domestic helper insurance that covers employers’ liability and hospitalisation costs can greatly reduce financial stress and give you peace of mind when accidents happen.

In the next article, we’ll explain how compensation amounts are calculated.

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The information provided in this article is for general reference only and should not be considered as any form of advice. Our company assumes no responsibility for its use