Compensation for Injuries at Work
In Hong Kong, the legislation regarding compensation to employees first appeared in 1953, and its scope of protection has been revised continuously since then. Nevertheless, there are still cases in which injured employees are not compensated from time to time. In this episode, through the case of a recycling worker Mr MAK, we can see how an injured employee seek assistance from the Employees Compensation Assistance Fund with the help of legal aid service, when the employer did not have a valid insurance.
In addition, one will first have to proof the employer-employee relationship in order to be granted a compensation for work injury. Outsourced workers and self-employed persons may not be protected by the legislations concerned, and whether there exists an employer-employee relationship often becomes the issue of the case. With the help of legal aid service, Mr POON, an air-conditioning worker, appealed to the Court of Final Appeal and the appeal was allowed. His case even became the case that provides guidelines to define an employer-employee relationship.