A man got injuried during on duty. he was granted 20 months paid sick leaves (20 x $10,000 total $200,000).
Then he accept $100,000 as the settlement of Employment Compensation.
If he takes civil action to sue his employer for his negligence. Finally, the court judge that he should be given $1,000,000 for this case.
which is correct:
(1) $1,000,000 - $100,000 ( EC) = $800,000
(2) $1,000,000 - $100,000 (EC) - $200,000 (20 months paid sick leave) = $700,000
- Kai MingLv 51 十年 前最佳解答
Occupational injury can claims not only the paid sick leaves, medical expenses and also the permanent total incapacity compensation which is determined by the Labour Dept as mentioned below.
Assessment of Loss of Earning Capacity
A two-tier system - Employees' Compensation (Ordinary Assessment) Board and Employees' Compensation (Special Assessment) Board - is provided for to assess the necessary period of absence from duty and the percentage of loss of earning capacity permanently caused to the employee as a result of the work injury.
Compensation in cases of permanent total incapacity
Age of injured employee
Amount of compensation
96 months* earnings or HK$344,000 whichever is higher
40 to under 56
72 months* earnings or HK$344,000 whichever is higher
56 or above
48 months* earnings or HK$344,000 whichever is higher
* Monthly earnings is subject to a maximum of HK$21,000 for the purpose of calculating compensation in permanent incapacity.
An employee is entitled to receive periodical payments during the period of temporary incapacity (sick leave) up to 24 months. The payment should be calculated as follows:
Monthly earnings at the time of the accident
Monthly earnings after the accident
If the employee's temporary incapacity lasts more than 24 months, he may apply to the Court for an extension of his entitlement for the payment. The extended period shall not be longer than 12 months. Medical Expenses
An employer is liable to pay the medical expenses for medical treatment which his injured employees receive, subject to a daily maximum as follows:
either in-patient treatment or out-patient treatment: $200;
both in-patient and out-patient treatment on the same day: $280
Settlement of Claims
Depending on the nature of the case, a claim for employees' compensation can be settled in the following ways:
Settlement by Certificate
Settlement by Court
Should the injury disatisfly the compensation, he/she may apply to Court for judgment.
If the injury still realized that the employer is in negligent in the cause of his/her injury, he/she can apply to relevant District/High Court to claim for damages on top of the above statutory compensation. The damages can be a nominal amount such as mentally damages.