Guide to Handling Work Injuries - (Part 4) Injury Assessment and Other Key Points

Many employers in Hong Kong know that the Employees’ Compensation Ordinance is the main law protecting foreign domestic helpers in case of work injuries. But if an injury is so serious that it affects the helper’s future ability to earn income, the helper must go through a “permanent loss of earning capacity” assessment, it also commonly called an injury assessment.

This step is very important because it directly decides the amount of compensation. Employers and helpers should understand the process clearly, and also know what other issues may come up, plus how insurance helps at different stages.

How does the injury assessment work?

Under the Employees’ Compensation Ordinance (ECO), the degree of permanent loss of earning capacity is assessed by the Employees’ Compensation Assessment Board appointed by the Commissioner for Labour.

1.      Ordinary Assessment Board

• Made up of two registered doctors/Chinese medicine practitioners/dentists plus one Labour Officer

• Uses a table (Schedule 1 – Types of Injuries) to match the percentage of loss

• If the injury is not listed, the Board will still use the table as a reference

2.      Special Assessment Board

• Used if the ordinary assessment cannot reflect the helper’s real situation

• Considers the nature of the injury, the helper’s work duties, skills, experience, etc.

After assessment, both parties receive a Certificate of Assessment. If either party disagrees, they can file a written objection within 14 days. A re-assessment will be arranged, followed by a Certificate of Review of Assessment. If there is still a dispute, either party can take the case to the District Court within 6 months.

Role of insurance at this stage:

• Employees’ Compensation Insurance (compulsory by law) will cover the compensation decided by the injury assessment

• Protects employers from paying a large sum out of pocket

Employer’s right to medical examination

Within 7 days after receiving the injury report, an employer can request the helper to attend a medical check-up with a designated doctor, Chinese medicine practitioner, or dentist. The employer must pay for this. The helper must attend, otherwise their compensation rights may be suspended or cancelled.

Role of insurance at this stage:

Most foreign domestic helpers insurance plans already include consultation, medical check-up, and hospital coverage, which helps employers share medical costs

Third-party liability and civil claims

If the injury is caused by a third party (e.g. traffic accident), the helper can make a claim against that party. If the employer has already compensated the helper, the employer can also claim back from the third party.

Role of insurance at this stage:

• Some foreign domestic helpers insurance plans include third-party liability coverage

• Protects employers from extra legal costs or compensation risks

Employment protection

Employers cannot dismiss an injured helper without approval from the Commissioner for Labour. Doing so may lead to a fine of up to HK$100,000.

Role of insurance at this stage:

• Some insurance plans offer cash allowance for service interruption, helping employers cover costs while the helper is recovering

• Covers wages, compensation, and medical expenses during the recovery period

Conclusion

The injury assessment is a key step in deciding compensation for work-related injuries. Employers should not only understand the legal process but also make sure they buy sufficient foreign domestic helpers insurance from the start. From medical check-ups and hospitalisation to injury assessment and long-term compensation, insurance plays an important role in protecting both the helper and the employer.

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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