EMPLOYMENT
Employees' Compensation
The Labour Department administers the Employees' Compensation Ordinance and the Pneumoconiosis (Compensation) Ordinance. The department ensures that injured em- ployees and dependants of deceased employees covered by the Employees' Compensation Ordinance obtain compensation from their employers in respect of injuries or deaths caused by accidents arising out of and in the course of employment, or by occupational diseases. It also ensures that persons covered by the Pneumoconiosis (Compensation) Ordinance obtain compensation as soon as possible from the Pneumoconiosis Compensa- tion Fund which is financed by a levy imposed on the construction and quarry industries.
The Employees' Compensation Assistance Ordinance establishes the Employees' Com- pensation Assistance Fund to make payments of statutory compensation and damages at common law due to an injured employee or dependants of a deceased employee when an employer defaults or an insurer becomes insolvent. It also covers claims from employers failing to obtain indemnity from their insolvent insurers. The fund, financed by a levy on all employees' compensation insurance premiums, is administered by the Employees' Compensation Assistance Fund Board.
Under the two-tier Employees' Compensation Assessment Board system, employees with work-related injuries which are likely to result in permanent incapacity are assessed by the boards at 10 major hospitals in Hong Kong. In 1992, ordinary assessment boards convened 534 sessions and completed assessment of 16 200 cases referred to them by the Commissioner for Labour and 1 221 review cases. Special assessment boards convened six sessions and completed assessment of six cases referred to them by the ordinary assessment boards.
In 1992, 189 pneumoconiosis cases were awarded compensation amounting to $28,646,875. The Pneumoconiosis Compensation Fund Board also financed research, educational and publicity programmes to enhance awareness of pneumoconiosis and to promote prevention of the disease.
The Employees' Compensation Ordinance was amended in July 1992 to provide for a simplified procedure for the settlement of minor injury cases which only incapacitate the injured employees for seven days or less. Under this new procedure, an employer may agree with his employee on the amount of compensation to be paid without recourse to the Labour Department or the Court.
The coverage of the ordinance has been expanded to include part-time domestic helpers. The definition of 'dependants' has also been extended to include children of an employee born after his death and parents and grandparents who will retire within two years and will then be likely to be dependent on the earnings of the deceased for a living.
Telephone Enquiry Service
In 1992, the staff of the General Enquiry Telephone Service was enhanced to handle 172 486 public enquiries on the Employment Ordinance and its subsidiary regulations, the Protection of Wages on Insolvency Ordinance, the Employees' Compensation Ordinance, and matters relating to the employment of foreign domestic helpers. Where appropriate, pre-recorded tapes in both English and Chinese were used to supplement the informa- tion given.
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