Guide to Handling Work Injuries - (Part 5) FAQ I

For many Hong Kong employers, one of the biggest concerns when hiring a foreign domestic helper is: What if she gets injured at work? According to the Employees’ Compensation Ordinance (ECO), employers must take legal responsibility, while helpers are entitled to protection.

This article answers some of the most frequently asked questions and explains how domestic helper insurance can provide extra support in different situations.

Q1: What should employers pay attention to when buying insurance for a domestic helper?

Ans: Employees’ Compensation Insurance (commonly called “EC Insurance”) is the minimum legal requirement. But in Hong Kong, employers are also responsible for most of the foreign domestic helper’s medical expenses. That’s why it is strongly recommended to purchase a specialized domestic helper insurance plan.

These plans usually provide broader coverage than basic EC insurance, including hospitalization, surgery, and medical costs stated in the Standard Employment Contract. Employers must pay the premiums themselves and cannot deduct them from the helper’s salary. Also, remember to renew on time to avoid any coverage gaps.

With the right domestic helper insurance, employers can reduce financial stress while staying compliant with the law.

Q2: How should an employer notify the insurance company after a foreign domestic helper is injured?

Ans: If your helper suffers a work injury or is suspected of having an occupational disease listed under the ECO, the employer must report it to the Labour Department within the time limits:

• Accidents: within 14 days

• Fatal cases: within 7 days

At the same time, the employer must notify the insurance company (in writing or by using the insurer’s official form) and keep records such as:

• Sick leave payment records

• Medical receipts

• Medical assessment reports

As long as documents are complete and submitted on time, the insurance company will cover the compensation. This is exactly where domestic helper insurance becomes essential, it helps employers handle the heavy costs of compensation and medical bills.

Q3: What if a foreign domestic helper suspects the employer didn’t report the injury?

Ans: If a helper is worried the employer hasn’t reported the case, she can go directly to the Labour Department’s Employees’ Compensation Division to file a report herself. In fatal cases, family members can also make the report.

The Labour Department will investigate and require the employer to submit the missing forms. Even if there is a delay, as long as the employer purchased valid domestic helper insurance, the helper’s claim will still be protected and won’t be affected by administrative issues.

Q4: Is a foreign domestic helper covered if the injury happens outside the registered workplace?

Ans: Yes. Under the ECO, as long as the injury happens in the course of work, the helper is covered, even if it’s outside the registered home address. For example:

• A helper slips and falls while buying groceries for the employer.

• A helper gets into a traffic accident while traveling to or from the employer’s home.

Both are considered work injuries, and the employer is still liable. Some domestic helper insurance plans also provide temporary helper allowance, giving cash support for hiring part-time help while the injured helper recovers.

Q5: What should employers do if they suspect the foreign domestic helper has an occupational disease?

Ans: If there are signs of an occupational disease listed in the ECO, the helper should be taken to see a doctor immediately, and the employer should explain her work duties clearly to the doctor.

If the doctor suspects the illness is work-related, he/she will notify the Labour Department for follow-up. If the helper goes to the doctor by herself, she must give the medical certificate and sick leave notes to the employer, who must report the case within 14 days. If the employer fails to do so, the helper can still report it directly.

In this situation, domestic helper insurance usually covers the cost of medical tests and treatment, preventing the employer from having to pay everything out-of-pocket.

Conclusion

Handling foreign domestic helper work injuries in Hong Kong involves multiple legal steps. Employers have a duty to stay compliant, and helpers should understand their rights. Whether it’s buying mandatory EC insurance, reporting accidents, or dealing with occupational diseases, domestic helper insurance is the employer’s strongest protection. By preparing the right coverage in advance, employers can stay worry-free, while helpers can feel more secure knowing their rights are protected.

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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