Business Scope
Work Injury - FAQ
Article 10 of the Employees’ Compensation Ordinance stipulates that during the period when the employee is temporarily incapacitated, the employer must pay the employee periodic payments (i.e. work-related injury leave payment). The amount should be the employee’s monthly income when the accident occurs and the monthly income during the period of temporary incapacity. Four-fifths of the income difference.
If an employee suffers a permanent partial incapacity to work due to a work-related injury, which is a certain percentage indicated by the injury, the employee will generally be entitled to compensation for the permanent loss of earning capacity.
According to Section 10A of the Employees’ Compensation Ordinance, unless the employer has provided adequate free medical treatment to the employee, the employer must pay the employee’s medical expenses for treatment of work-related injuries until a doctor certifies that the employee no longer requires further treatment.
Work Injury - How to Calculate Compensation Amount
“Period payment” – commonly known as work-related injury leave money/four-fifths of labor + compensation for permanent loss of earning capacity + medical expenses
⦁ Income:
First, employees need to know what forms of payments are considered “income”. According to the interpretation of this Ordinance, “income” includes:
⦁ Cash wages;
⦁ Any benefits that the injured employee cannot enjoy due to the accident but can be calculated in cash, such as the value of food, fuel or dormitories provided by the employer;
⦁ Regular overtime work compensation or other special benefits, such as bonuses, allowances, etc.; and
⦁ Customary dues, etc.
If an employee suffers a permanent partial incapacity to work due to a work-related injury, which is a certain percentage indicated by the injury, the employee will generally be entitled to compensation for the permanent loss of earning capacity. The employee first calculates his or her age at the time of injury, using the following list:
Employee’s age and earnings in months at the time of injury
96-month income for under 40 years old
72-month income for under 40-56 years old
Age 56 or above 48 months income
According to Section 10A of the Employees’ Compensation Ordinance, unless the employer has provided adequate free medical treatment to the employee, the employer must pay the employee’s medical expenses for treatment of work-related injuries (including consultation fees, surgical charges or therapy charges, nursing care, hospital admission, drugs , the cost of treatment items and medicinal dressings, etc.) until the attending registered medical practitioner, registered Chinese medicine practitioner or registered dentist certifies that the employee no longer requires further treatment. Of course, employees must also provide valid medical expense receipts to their employers so that their employers can reimburse them for the relevant medical expenses.
In addition, if an employee is injured at work and requires physiotherapy, occupational therapy or chiropractor treatment, and the treatment is given by or under the supervision of a registered physiotherapist, registered occupational therapist or registered chiropractor, the employer must also Pay relevant medical expenses.