138 | Employment
In 2011, the fund received 3 729 applications for ex gratia payment. During the year, the fund paid out $74.4 million to 3 886 applicants, and recorded a surplus of $477 million.
Employees' Compensation
Hong Kong's employees' compensation practice follows the 'no-fault' principle. whereby compensation is payable regardless of whether the injury, occupational disease or death is the employee's fault. The Employees' Compensation Ordinance covers injuries or death caused by accidents arising from, and in the course of, employment or by specified occupational diseases. An employer must be in possession of a valid insurance policy to cover his liabilities both under the ordinance and the common law.
The Labour Department assists injured employees and the families of deceased employees to obtain compensation from their employers under the Employees' Compensation Ordinance. It also administers a scheme that provides interest-free loans to workers injured in job-related accidents.
During the year, the Labour Department delivered talks, distributed leaflets, published articles in newspapers, and made announcements on TV, radio and public transport to help employers and employees better understand their rights and obligations prescribed in the ordinance.
An 'Employees Compensation Assistance Scheme' helps injured employees, or family members of deceased employees to obtain compensation from defaulting employers. The scheme is financed by a levy imposed on all employees' compensation insurance policies taken out by employers.
Pneumoconiosis and/or mesothelioma sufferers are eligible for compensation under the Pneumoconiosis and Mesothelioma (Compensation) Ordinance administered by the Pneumoconiosis Compensation Fund Board. Those diagnosed to have contracted pneumoconiosis before the ordinance went into effect in 1981 may apply for ex gratia benefits from the Government under the Pneumoconiosis Ex Gratia Scheme.
At year's end, 1869 pneumoconiosis and/or mesothelioma sufferers were receiving payments under either the ordinance or the ex gratia scheme. Family members of 123 pneumoconiosis and/or mesothelioma sufferers who died from the diseases were also granted compensation during the year.
The 'Occupational Deafness Compensation Board' administers the Occupational Deafness Compensation Scheme which provides for the compensation of persons employed in specified noisy occupations who suffer hearing loss as a result of prolonged exposure to excessive noise at work, and the reimbursement of monies. spent on hearing assistive devices. In 2011, the board approved 322 compensation applications and paid out $25.29 million in compensation. It also approved 620 applications for hearing assistance devices, costing $2.29 million. The board also runs rehabilitation programmes for people with impaired hearing caused by their jobs. In 2011, the board provided 517 such programmes.