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to the Employees’ Compensation Ordinance

(with Frequently Asked Questions on Common Employees’ Compensation Issues)

A Concise Guide

Labour Department

October 2012 Edition

Table of Contents

Page Introduction Part I Chapter 1 Application of the Ordinance Chapter 2 Liability for Compensation for Work Injury and Occupational Disease • Injury by Accident • Occupational Disease Chapter 3 Notification of Accidents Chapter 4 Settlement of Employees’ Compensation Claims Chapter 5 Amount of Compensation • Fatal Cases • Non-fatal Cases Permanent Incapacity Temporary Incapacity Medical Expenses Prostheses and Surgical Appliances •Note : Compensation Level of Various Items Chapter 6 Calculation of Earnings Chapter 7 Assessment of Permanent Loss of Earning Capacity Chapter 8 Compulsory Insurance Chapter 9 Miscellaneous • Medical Examination and Treatment • Liability of the Principal Contractor • Claims for Common Law Damages • Contracting Out • Employment Protection Appendices 1. First Schedule - List of Injuries 2. Second Schedule - List of Occupational Diseases Part II

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4 -5 5 6 7-9 10 10 - 11 11 - 12 12 - 14 14 - 15 16 - 17 18 - 19 20 - 21 22 - 24 25 - 26 26 - 27 27 28 28 29 - 32 33 - 43 44 - 58

Frequently Asked Questions on Common Employees’ Compensation Issues

Introduction

This guide, in its first part, sets out briefly the main provisions of the Employees’ Compensation Ordinance, Chapter 282 of the Laws of Hong Kong. The Ordinance lays down the rights and obligations of employers and employees in respect of injuries or death caused by accidents arising out of and in the course of employment, or by prescribed occupational diseases under the Ordinance. While every care has been exercised in preparing this guide, the Ordinance remains the sole authority for the provisions of the law explained. The full text of the Ordinance has been uploaded to the Bilingual Laws Information System of the Department of Justice (http://www.legislation....