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 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

Criteria : 1 st 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