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

When handling a foreign domestic helper’s work injury, it’s not just about reporting the case and arranging basic medical treatment. There are also many follow-up steps and details that both employers and helpers need to understand. Helpers may worry about how their income will be calculated during sick leave, whether they need to attend medical assessments, or what documents to provide. Employers, on the other hand, want to know clearly what their responsibilities are.

Apart from following the law, having domestic helper insurance is also very important. It not only covers work injury compensation, but also helps with medical expenses, sick leave payments, and sometimes even extra allowances to reduce financial pressure. In this part, we’ll answer the most frequently asked questions one by one so both sides can have a clearer understanding.

Q6: How is the foreign domestic helper’s “monthly income” calculated after a work injury?

Ans: “Monthly income”* means either:

l   The actual income in the month before the accident; or

l   The average monthly income over the past 12 months (or the actual period employed if less than 12 months).

The calculation that is more favorable to the helper will be used. This figure directly affects the amount of compensation and periodical payments.

Q7: Can a foreign domestic helper injured in Hong Kong receive medical treatment outside Hong Kong?

Ans: In principle, since the helper is employed in Hong Kong, medical treatment should also take place in Hong Kong. Otherwise, it may be difficult for the employer to follow up or take responsibility. Most domestic helper insurance policies clearly require medical receipts to be issued by registered doctors in Hong Kong in order to claim. Employers should check the policy terms when arranging treatment.

Q8: How should sick leave due to work injury be handled?

Ans: There are two situations:

(i) No follow-up needed:

l   Sick leave is 7 days or less;

l   The injury does not cause permanent loss of working ability. In these cases, employers only need to settle by using Form 2B (“Direct Payment of Compensation”) or Form 2 (Part H: “Direct Settlement”), and pay the sick leave wages and medical expenses. No further follow-up is required.

(ii) Follow-up required:

For more serious cases, the Labour Department will issue a “Work Injury Sick Leave Follow-up Notice”. The foreign domestic helper must attend the Occupational Medicine Unit, bringing all sick leave certificates, follow-up appointment slips, and copies of related documents.

Q9: Does every case require a loss of capacity assessment?

Ans: Not all cases need a loss of capacity assessment. If the helper recovers fully without long-term effects, it may not be necessary.

But if there are lasting injuries or reduced ability to work, then a medical assessment is needed. If the injury may cause permanent disability, the Labour Department’s Occupational Medicine Unit will arrange for the helper to attend the Employees’ Compensation Assessment Board.

Assessments can cover:

l   Physical injuries

l   Organ function loss

l   Mental health injuries

If evidence shows the injury is work-related and affects the helper’s ability to work temporarily or permanently, the Board will issue an “Assessment Certificate” (Form 7) to both employer and helper.

Q10: When can “Written Sick Leave Follow-up” be used?

Ans: If the case is not disputed and meets the following conditions, written follow-up may be used for faster processing:

l   Sick leave longer than 7 days (less than 7 days should be settled directly);

l   No permanent disability;

l   No dental injury or prosthetic installation;

l   All sick leave certificates are issued by registered doctors / Chinese medicine practitioners / dentists;

l   Sick leave period is completed;

l   Employer submits all medical certificates;

l   If it is an occupational disease, it must be listed in Schedule 2.

If both employer and foreign domestic helper agree, they can apply with the relevant form. This allows the helper to avoid attending the Occupational Medicine Unit in person, making the process easier.

Conclusion

Handling a foreign domestic helper’s work injury is not just about medical treatment. It also involves compensation for income, sick leave arrangements, and legal follow-up. Employers must follow each legal requirement, while helpers should keep all medical and sick leave records to protect their rights.

In short, employers have a duty to handle cases according to the law, and helpers have the right to fair protection. But since medical costs and compensation can be high, having proper domestic helper insurance is the best safety net. It helps cover medical expenses, sick leave payments, and sometimes extra allowances, reducing financial pressure. By following the correct procedures and having enough insurance coverage, work injury cases can be resolved more quickly and fairly, giving peace of mind to employers and helpers alike.

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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