Guide to Handling Work Injuries - (Part 5) FAQ III
Handling a foreign domestic helper’s work injury is not only about medical treatment. It can also involve sick leave follow-up, loss of capacity assessments, or even compensation after the helper leaves employment. Employers often worry about their responsibilities, while helpers are concerned about their rights. The good news is that the law provides clear rules, and if both sides follow them, cases can be settled more smoothly.
Having proper domestic helper insurance is also very important. It helps cover medical expenses, compensation, and even disputes, reducing financial pressure for employers. Below are some common questions and answers:
Q11: What if the foreign domestic helper does not follow up on sick leave or does not attend the loss of capacity assessment?
Ans: Sometimes, after a foreign domestic helper recovers and returns to work, they may forget or fail to complete the required follow-up or attend the loss of capacity assessment. This can delay closing the case.
In this situation, the employer may apply for the “Written Sick Leave Follow-up” method, but only if:
The Labour Department has reminded the helper multiple times, but no action was taken; &
The employer can prove that sick leave payments were already made.
The Labour Department will issue a final notice. If the helper still does not respond, the case will be treated as if the helper has no permanent loss of capacity or has given up the claim. Then, the Labour Department will issue a “Certificate of Compensation Assessment” (Form 5) to both parties to close the case.
For insurance claims, companies usually require full documentation, so the written follow-up method can be very useful.
Q12: If the foreign domestic helper leaves the job after a work injury, is compensation still required?
Ans: Yes. By law, even if the contract has ended, if a registered doctor certifies that the foreign domestic helper is still under “temporary incapacity,” the employer must continue to pay:
Periodical payments for sick leave;
Medical expenses;
Compensation for permanent total or partial disability (if applicable).
For employers, these costs can be quite high. With domestic helper insurance, most of these payments are covered, so employers can handle termination arrangements with peace of mind, while helpers still receive protection.
Q13: What can employers do if they suspect problems with the injury claim?
Ans: Employers may:
Conduct a basic investigation (ask about the accident, talk to witnesses, check the workplace);
Request medical reports from doctors, Chinese medicine practitioners, or dentists;
Contact the insurance company to arrange for the helper to see a designated doctor;
Seek advice from a lawyer;
If fraud is suspected, submit evidence to the police.
The Labour Department only provides medical opinions but does not settle disputes. If disputes cannot be resolved, the case may need to go to court.
Q14: If the employer believes they are not responsible, do they still need to report the injury?
Ans: Yes. According to Section 15 of the Employees’ Compensation Ordinance, all work injury cases must be reported, no matter whether the employer thinks they are responsible or not. Employers can include their doubts or reasons in Form 2, and the Labour Department will follow up. Reporting a case does not mean admitting liability, it is simply a legal duty.
Also, most insurance policies require immediate reporting. If employers delay, it may affect the claim process.
Conclusion
Work injury cases involve more than just medical care, they also include income calculation, sick leave follow-up, loss of capacity assessments, and even post-employment compensation. Both employers and helpers must know their rights and duties.
For employers, the right insurance can reduce financial risks and help with paperwork and medical reporting. For helpers, knowing the procedure ensures their rights are protected. When both sides follow the rules and rely on proper insurance coverage, work injury cases can be resolved faster and more fairly, protecting the interests of both employers and helpers.
Related Product:
California Insurance's latest foreign domestic helper insurance offers the highest coverage in Hong Kong with up to HK$88,000 coverage for hospitalization and surgical expenses; Loss of Service Cash Subsidy covers provide HK$200 per day. It also provides “New Starter Benefit” that offers probationary protection and “Open Cover” policy reservations for up to 365 days. Learn more or apply now.
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
