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Injury & Compensation


Article exclusively conributed by the Gain Miles Group

Injury by accident


During the lunch break, employee A hurt employee B in a fight. Subsequently, in the office after lunch, employee B hurt employee A in revenge. When he tried to break up their fight, the manager was also hurt by employee B.

Can all three - employee A, employee B and the manager - obtain employees' compensation in this situation?

If an employee sustains an injury or dies as a result of an accident arising out of and in the course of his employment, his employer is, in general, liable to pay compensation under the Employees' Compensation Ordinance, even if the employee might have committed acts of fault or negligence when the accident occurred.

* At lunchtime

In this situation, the injury was sustained at lunchtime and not while at work. Although employee B was hurt, no employees' compensation can be claimed.

In this situation, the injury was sustained at lunchtime and not while at work. Although employee B was hurt, no employees' compensation can be claimed.

In this situation, the injury was sustained at lunchtime and not while at work. Although employee B was hurt, no employees' compensation can be claimed.

In this situation, the injury was sustained at lunchtime and not while at work. Although employee B was hurt, no employees' compensation can be claimed.

In this situation, the injury was sustained at lunchtime and not while at work. Although employee B was hurt, no employees' compensation can be claimed.

* During work

Although employee A was hurt by employee B in the office, employee A could not claim any employees' compensation as this was motivated by revenge. As this was not an injury caused as a result of his employment, the employer is not liable to pay employees' compensation.

Although employee A was hurt by employee B in the office, employee A could not claim any employees' compensation as this was motivated by revenge. As this was not an injury caused as a result of his employment, the employer is not liable to pay employees' compensation.

Although employee A was hurt by employee B in the office, employee A could not claim any employees' compensation as this was motivated by revenge. As this was not an injury caused as a result of his employment, the employer is not liable to pay employees' compensation.

Although employee A was hurt by employee B in the office, employee A could not claim any employees' compensation as this was motivated by revenge. As this was not an injury caused as a result of his employment, the employer is not liable to pay employees' compensation.

Although employee A was hurt by employee B in the office, employee A could not claim any employees' compensation as this was motivated by revenge. As this was not an injury caused as a result of his employment, the employer is not liable to pay employees' compensation.

However, the employer has a responsibility to pay employees' compensation to the manager. His injury was sustained in the course of employment, because he was hurt whilst executing his responsibility to stop the fight at the office.

Indeed, if an employee sustains an injury in the following circumstances, the employee is considered to have been injured in an accident arising out of and in the course of his employment and his employer is liable to pay compensation:

* while travelling as a passenger to or from his place of work by a means of transport operated or arranged by his employer (except as part of a public transport service);

* while travelling by a direct route between his residence and his place of work for the purpose of and in connection with his employment by driving or operating a means of transport arranged or provided by his employer;

* while travelling between his residence and his workplace within four hours before or after his working hours when typhoon signal no. 8 or above or a red/black rainstorm warning is hoisted;

* while travelling for the purpose of and in connection with his employment, by any means of transport permitted by his employer, between Hong Kong and any place outside Hong Kong or between any other such places outside Hong Kong.

On the other hand, the employer is not liable to pay compensation if:
* the injury does not result in permanent incapacity or incapacitates the employee from earning full wages at his normal work;
* the injury is self-inflicted;
* the death or incapacity results from an injury (including a specified occupational disease) which the employee has falsely represented to his employer that he was free from; or
* the injury is caused by an accident directly attributable to the employee's addiction to drugs or alcohol and does not result in death or serious permanent incapacity.

Q & A about injury by accident
Q1 An employee sustained an injury in a traffic accident while taking the bus to his place of work. Is he entitled to employees' compensation?
A1 He is not entitled to compensation, as public transport is not covered in the employer's responsibility when an employee travels as a passenger to or from his place of work.

Q2 An employee's leg was sprained while he deposited a company cheque in the bank at lunchtime, under his employer's orders. Is the employer liable to pay employees' compensation in this situation?
A2 Although lunchtime is not strictly a time of work, this employee was executing his employer's work. The employer is therefore liable to pay employees' compensation.

Q3 An employee was injured while having dinner with some clients in mainland China. Is the employer obliged to pay employees' compensation?
A3 The employer is liable to pay employees' compensation. This is because employees' compensation also covers situations where an employee carries on business outside Hong Kong. Dining with clients is part of the employee's job and therefore employees' compensation is applicable.


Taken from Career Times 11 July 2003

(Last review date: 23 August 2013)


Disclaimer: The opinions expressed in this article are those of the contributor.

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