How to process an employee’s compensation claim under the Employees’ Compensation Ordinance

Labour Department

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)

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

Ways to settle an EC claim If SL is < 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 > 7 days – medical clearance

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

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

Ordinary Assessment Board OAB – an statutorily board under the Emplo

yees’ Compensation Ordinance Membership : 2 medical practitioner or regi

stered 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

Criteria : 1st schedule of the Employees’ Compensation Ordinance

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