***********************
Following is a question by the Hon Leung Yiu-chung and a written reply by the Secretary for Labour and Welfare, Mr Matthew Cheung Kin-chung, in the Legislative Council today (December 18):
Question:
Each year, quite a number of employees sustain injuries at work, and some of these employees are even defaulted on the periodical payments for absence from duty due to work injury (work-injury payments) which their employers are required to pay them during their periods of temporary incapacity. In this connection, will the Government inform this Council:
(a) of a breakdown of the number of work injury cases in each of the past five years by (i) the age group (same as those set out in Table 1) to which the injured employees belonged, (ii) the trade to which they belonged, (iii) the type of jobs they were engaged in and (iv) the approved period of absence from duty due to work injury (same as those set out in Table 2);
(b) of the number of cases of default on work-injury payments and its percentage in the total number of work injury cases, in each of the past five years, together with a breakdown of such default cases by (i) reason(s) for defaulting on payment and (ii) period of absence from duty due to work injury (same as those set out in Table 2);
(c) of the measures adopted by the Labour Department in the past three years to assist injured employees in recovering the defaulted work-injury payments; and
(d) whether it has comprehensively reviewed the implementation and effectiveness of the measures mentioned in (c); if the effectiveness of the measures is not satisfactory, whether it will formulate a new and more effective policy to assist injured employees in recovering the defaulted work-injury payments; if it will formulate a new policy, of the relevant timetable; if not, the reasons for that?
Reply:
President,
The Employees' Compensation Division (ECD) of the Labour Department (LD) provides assistance to injured employees to obtain compensation under the Employees' Compensation Ordinance (ECO) and investigates suspected cases of irregularities with a view to protecting the rights and benefits of work injury employees and deceased employees' family members. LD also, from time to time, reviews the measures in assisting injured employees and family members of deceased employees.
The ECO stipulates that if an employee is injured or dies as a result of an accident arising out of and in the course of employment, an employer must notify the Commissioner for Labour of the accident within 14 days (seven days for a fatal case) in the prescribed form irrespective of whether the accident gives rise to any liability to pay compensation.
Our reply to the question asked by the Hon Leung Yiu-chung is set out below:
(a) In the past five years, the number of employees' compensation cases reported under the ECO is provided at Annex 1.
If the work injury incapacitates an employee for not more than three days with no permanent incapacity, the employer concerned will make periodical payments and medical expenses to the employee direct. LD does not have a breakdown of the requested information in respect of these cases. Of the remaining cases, breakdowns of the requested information are provided at Annex 2.
(b) LD does not keep statistics on the breakdown of the number of work injury cases of suspected defaults on periodical payments.
(c) and (d) LD attaches great importance to the protection of the rights and benefits of injured employees under the ECO and adopts rigorous enforcement efforts. LD will not tolerate employers who wilfully defy the law.
According to section 10 of the ECO, during the period of temporary incapacity, the employer shall pay the employee periodical payments on the same day as wages would have been payable. An employer who, without reasonable excuse, fails to pay within seven days after the due day commits an offence and is liable on conviction to a maximum fine of $100,000.
In order to expedite investigation of cases for defaults on periodical payments, LD has simplified the investigation procedures and stepped up enforcement actions. Upon receipt of the case requesting for assistance, ECD will explain to the injured employee the provisions of ECO on periodical payments and contact the employer direct by phone elaborating the statutory requirements of relevant provisions. ECD will, at the same time, ask the employer to explain defaults on periodical payments and clear the outstanding sum immediately. According to the operational experience of ECD, most of the employees concerned can obtain their entitled employees' compensation within a short period of time with the assistance of LD.
If an employer cannot effect periodical payments owing to financial difficulties, ECD will request the insurer in writing for direct handling of the relevant case and effecting periodical payments to the injured employee.
Should an employer be suspected of defaults on periodical payments and there is sufficient evidence supporting the contravention, and the employee is willing to serve as a prosecution witness, LD will take out prosecution against the law-defying employer.
If there are disputes between employers and employees on employees' compensation cases and such disputes cannot be resolved through the assistance of LD, subject to the need and wish of an injured employee, LD will refer the employee to the Legal Aid Department for applying legal assistance to have the case adjudicated in the court.
From time to time, LD reviews the implementation of the above measures with a view to facilitating injured employees to obtain their entitled employees' compensation promptly.
Ends/Wednesday, December 18, 2013
Issued at HKT 17:48
NNNN
