匿名
匿名 發問於 政治及管治法律及道德 · 1 十年 前

Employment Compensation

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

OR

(2) $1,000,000 - $100,000 (EC) - $200,000 (20 months paid sick leave) = $700,000

1 個解答

評分
  • 1 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

    under 40

    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.

    Periodical Payment

    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

    less

    Monthly earnings after the accident

    )

    X 4/5

    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:

    Direct Payment

    Direct Settlement

    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.

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