In all fatal cases, the Court invariably gives due consideracion to the recommendations of the Director of Social Welfare in determining the distribution and the mode of payment to the beneficiaries. Such recommendations are made only when the Director of Social Welfare, having made a thorough invescigation of the circumstances and the proposed plan of the dependants, is fully satisfied that the money will be properly utilised. In special circumstances, the Director of Social Welfare or any other fully authorised public officer may be appointed trustee of the compensation awarded in order to ensure its proper utilisation.
In addition tc his entitlement to compensation under the Employees' Compensation Ordinance, an employee who is severely, disabled is also qualified to apply 'for a disability allowance for the rest of his This allowance is administered by the Social Welfare Department out of public funds. Three copies of a booklet on the Special Needs Allowance Scheme, which explains, among other things, details of the disability allowance, are attached herewith.
life.
Article 6
2%
Under section 10 (3) of the ordinance, periodical payments are payable on the normal pay day of the injured employees, or by agreement or by order of the Court, at shorter intervals. In all cases, compensation is payable by the employer. Though employees' compensation insurance is compulsory,
normally affect the
the employer's ultimate liabilities for compensation under the ordinance. No compensation is payable where the temporary incapacity lasts for three consecutive days or less.
it does not
The Employees' Compensation Ordinance provides that, an employer may not employ anyone without a valid insurance policy issued by an insurer covering his full amount of liability for both compensation and common law damages in the event of an accident at work. In that case, whenever the employer becomes liable to pay any amount under the ordinance or independently of the ordinance to an employee injured at work, the sum will become due and payable to the employer by the insurer. The ordinance further empowers the injured employee, in relation to the insurance policy covering him, to proceed directly against the insurer for recovery of compensation or damages.
Article 7
Additional compensation
is payable, under section 8 of the ordinance, to an employee who suffers permanent total incapacity and requires the constant attention of another person to perform the essential actions of life. Such additional compensation is :
(a) a lump sum payment calculated with regard to the probable
duration and cost of the constant attention; or