FRIDAY, AUGUST 15, 1975
INSURANCE COVERAGE FOR WORKMEN'S COMPENSATION SHOULD INCLUDE LIABILITY UNDER COMMON LAW ******
EMPLOYERS WERE TODAY URGED TO ENSURE THAT THEIR INSURANCE COVERAGE FOR WORKMEN'S COMPENSATION ALSO INCLUDED LIABILITY UNDER COMMON LAW AND OTHER LEGISLATIONS LIKE THE OCCUPIERS LIABILITY ORDINANCE AND THE FATAL ACCIDENTS ORDINANCE.
ASSISTANT COMMISSIONER FOR LABOUR, MRS. SOO MOK SAU-HA, TOLD TODAY'S LUNCHEON OF THE ROTARY CLUB OF KOWLOON NORTH THAT EMPLOYERS OFTEN OVERLOOKED THE FACT THAT THE WORKMEN'S COMPEN SATION ORDINANCE DID NOT IN ANY WAY LIMIT THE CIVIL RIGHT OF AN INJURED WORKER TO CLAIM DAMAGES UNDER COMMON LAW AGAINST HIS EMPLOYER OR A THIRD PARTY. ALTHOUGH IN AWARDING SUCH DAMAGES THE COURT WOULD NORMALLY DEDUCT THE AMOUNT OF COMPENSATION ALREADY PAID.
UNDER THE LAW, SHE SAID, A WORKMAN MIGHT RECEIVE COMPENSATION AND ALSO CLAIM FOR DAMAGES WHEN HIS INJURY WAS CAUSED BY THE NEGLIGENCE, BREACH OF STATUTORY DUTY OR OTHER WRONGFUL ACT OR CMISSION OF THE EMPLOYER OR OF ANY PERSON FOR WHOSE ACT OR DEFAULT THE EMPLOYER WAS RESPONSIBLE,
AS AN EXAMPLE, MRS. SOO CITED THE RECENT CASE OF A MOULDING MACHINE OPERATOR WHO WAS AWARDED A TOTAL OF $246,250 - THE HIGHEST AWARD KNOWN TO THE LABOUR DEPARTMENT FOR PERSONAL INJURY IN A WORK ACCIDENT.
THE WORKER CONCERNED BECAME PARALYSED AFTER RECEIVING ELECTRIC SHOCK ATTRIBUTABLE TO THE EXISTENCE OF A FAULTY ELECTRIC FAN AT THE PLACE OF WORK. →THE WORKMAN IS NOW PERMANENTLY BEDRIDDEN AND WAS ASSESSED TO HAVE AN EXPECTATION OF LIFE OF ONLY A FEW YEARS, SHE SAID.
THE
WITH THE ASSISTANCE OF THE LEGAL AID DEPARTMENT, THE DISABLED WORKMAN SUED HIS FORMER EMPLOYER FOR NEGLIGENCE. JUDGE FOUND NO EVIDENCE OF CONTRIBUTORY NEGLIGENCE BY THE EMPLOYEE AND HELD THE EMPLOYER LIABLE UNDER THE OCCUPIERS LIABILITY ORDINANCE AS WELL AS UNDER COMMON LAW. AFTER DEDUCTION OF THE WORKMEN'S COMPENSATION ALREADY PAID, THE WORKER RECEIVED A FURTHER SUM OF ABOUT $200,000.
MRS. SOO WENT ON TO SAY THAT IN 1974, SOME 31,000 ACCIDENTS WERE REPORTED TO THE LABOUR DEPARTMENT, INCLUDING 234 FATALITIES.
+SUCH AN ACCIDENT OFTEN LEAVES A WORKMAN PERMANENTLY DISABLED WITH A LOSS IN EARNING CAPACITY.+ SHE SAID. +IF HE IS KILLED HIS DEPENDANTS MIGHT BE LEFT DESTITUTE.+
/UNDER THE