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WEDNESDAY, MAY 20, 1992
NEW PROCEDURES TO SETTLE COMPENSATION IN MINOR ACCIDENTS PROPOSED
A
BILL THAT SEEKS TO PROVIDE AN ALTERNATIVE TO EMPLOYERS AND EMPLOYEES IN SETTLING COMPENSATION IN CASES OF MINOR INJURY INVOLVING ABSENCE FROM DUTY OF NOT MORE THAN SEVEN DAYS WAS INTRODUCED INTO THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY).
MOVING THE SECOND READING OF THE EMPLOYEES' COMPENSATION (AMENDMENT) (NO. 2) BILL 1992,
1992, THE SECRETARY FOR EDUCATION AND MANPOWER, MR JOHN CHAN, SAID UNDER THE PROPOSED BILL, AN EMPLOYER MAY AGREE WITH HIS EMPLOYEE ON THE AMOUNT OF COMPENSATION TO BE PAID WITHOUT THE NEED FOR MEDICAL CLEARANCE AT THE LABOUR DEPARTMENT.
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"THE KIND OF AGREEMENT CONTEMPLATED IS OF A VERY SIMPLE AND STRAIGHT-FORWARD NATURE AND MAY TAKE EITHER A WRITTEN OR VERBAL FORM, MR CHAN SAID.
"TO SAFEGUARD THE INTEREST OF THE EMPLOYEE, THE BILL REQUIRES THE EMPLOYER TO REPORT THE ACCIDENT AND ALSO THE AMOUNT OF COMPENSATION AGREED WITH THE EMPLOYEE TO THE COMMISSIONER FOR LABOUR WITHIN 14 DAYS AFTER THE ACCIDENT.
AGREED
"THE COMMISSIONER WILL SEE TO IT THAT THE COMPENSATION DOES NOT FALL SHORT OF THE PROVISIONS OF THE ORDINANCE. IF NECESSARY, THE COMMISSIONER MAY CANCEL THE AGREEMENT AND SUBSTITUTE HIS
ASSESSMENT INSTEAD,"
SHOULD THE EMPLOYER AND THE EMPLOYEE FAIL TO REACH AN AGREEMENT UNDER THE NEW PROCEDURES, HE ADDED, THE COMPENSATION CLAIM CAN STILL BE PROCESSED IN THE OLD MANNER.
AT PRESENT, THE LABOUR DEPARTMENT OPERATES A TWO-TIER SYSTEM OF MEDICAL CLEARANCE AND ASSESSMENT TO ASCERTAIN THE NATURE AND EXTENT OF INJURY SUSTAINED BY AN EMPLOYEE.
MEDICAL STAFF OF THE DEPARTMENT INTERVIEW EVERY INJURED EMPLOYEE IN THE FIRST INSTANCE AND WHERE THE INJURY IS CONSIDERED LIKELY ΤΟ RESULT IN PERMANENT INCAPACITY, THEY REFER THE INJURED TO A STATUTORY ASSESSMENT BOARD.
MR CHAN CONSIDERED THIS SYSTEM OF MEDICAL CLEARANCE AND ASSESSMENT USEFUL IN CASES INVOLVING INJURY OF A MORE SERIOUS NATURE.
BUT FOR MINOR CASES INVOLVING ONLY A FEW DAYS' SICK LEAVE, IT IS OBVIOUSLY A WASTE OF TIME AND MONEY TO REQUIRE THE EMPLOYEES TO TAKE LEAVE FOR MEDICAL CLEARANCE AT THE LABOUR DEPARTMENT AND REQUIRE THEIR EMPLOYERS TO PAY THEM WAGES FOR THE ABSENCE FROM DUTY.
MR CHAN ADDED THAT THE NEW PROCEDURES DID NOT DEPRIVE EMPLOYEES OF EXISTING CHANNELS OF REDRESS, BUT OFFERED THE ADDED ADVANTAGE of A SPEEDIER MECHANISM FOR SETTLEMENT OF MINOR INJURY CLAIMS.
THE PROPOSAL HAS THE SUPPORT OF THE THE INSURANCE INDUSTRY IS AGREEABLE TO IT.
DEBATE ON THE BILL WAS ADJOURNED.
LABOUR ADVISORY BOARD AND
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