How to process an employee

1
How to process an employees compensation claim
under the Employees Compensation Ordinance

• Labour Department

2
Receipt of information about work accident
?Cases with more than 7 days sick leave or has
not been settled by direct settlement?Required
the injured worker (I/P) to approach Occupational
Medicine Unit for medical clearance?Suspected
permanent incapacity caused to the I/P?Refer
I/P to Ordinary Assessment Board (OAB) for
assessment?OAB assesses of loss of earning
incapacity and the period of absence from duty
necessary as a result of the injury ?Issue an
assessment certificate to I/P and his employer
(F7) ?If either party raise an objection to
the assessment result , rearrange an reassessment
board ?Issue an assessment certificate to I/P
and his employer (F9)
3
Receipt of information about work accident

• ERs have to report an work accident to the Labour
  Dept within 14 days after the accident
• On receipt of notification of accident from ER,
  letter will be issued to injured workers on
  compensation procedures

4
Ways to settle an EC claim

• If SL is lt 4 days ERs just have to pay out
  periodical payments to the injured workers
• If SL is 4 7 days direct settlement / medical
  clearance
• If SL is gt 7 days medical clearance

5
Medical Clearance

• For cases with more than 7days sick leave or has
  not been settled by direct settlement, I/P has to
  come to Occupational Medicine Unit (OMU) for
  medical clearance
• If I/P got less than 30 days sick leave, 2 weeks
  after resume duty
• If I/P got more than 30 days sick leave, 1 month
  after the injury

6
Medical Clearance

• Reasons Monitoring the situation of I/P and see
  whether OAB should be arranged
• If I/P is likely suffered from permanent
  incapacity, an OAB will be arranged for I/P if he
  is fit for assessment
• At present, there are 3 branches of OMU Hong
  Kong, Kowloon Shatin

7
Ordinary Assessment Board

• OAB an statutorily board under the Employees
  Compensation Ordinance
• Membership 2 medical practitioner or registered
  dentist plus a Senior Labour Officer or a Labour
  Officer
• Duties to determine the of permanent loss of
  earning incapacity and the period of absence from
  duty necessary as a result of the injury

8

• Criteria 1st schedule of the Employees
  Compensation Ordinance

9
Re-assessment

• If either party (employer or I/P) raised an
  objection to the assessment result, OMU will
  rearrange a reassessment board
• If they dissatisfy with the assessment result,
  they have to raise an objection to the court