An employee who is injured from work is entitled to claim compensation based on the Employees’ Compensation Ordinance (ECO). A work-related injury normally has 3 characteristics:
- the existence of a contract (between employer and employee),
- it is an accident-led (i.e. unexpected) injury, and
- the accident arising out of and in the course of the employment.
The employee shall demonstrate that the incident was unexpected one and in the course of the employment.
After the accident happened, the injured employee shall keep record of the accident as much as possible, notify the employer, and keep all medical records. Please be noted that the employers have an affirmative duty to ensure workers’ safety, which is personal and non-delegable, so even if the employer has entrusted the task to a third party with due care and skill or employees themselves, the responsibilities still lie with the employers.
