XN000022-1994-10-26 — Page 78

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WEDNESDAY, OCTOBER 26, 1994

THE

THE BILL SEEKS TO RECTIFY A NUMBER OF INADEQUACIES IN EMPLOYEES' COMPENSATION ORDINANCE AND IMPROVE CERTAIN PROVISIONS RELATING TO THE ENTITLEMENT OF COMPENSATION OF INJURED EMPLOYEES.

AT PRESENT, AN EMPLOYEE WHO SUSTAINS INJURY WHILE TRAVELLING AS A PASSENGER TO OR FROM HIS PLACE OF WORK BY ANY MEANS OF TRANSPORT PROVIDED OR ARRANGED BY HIS EMPLOYER AND NOT BEING A PART OF PUBLIC TRANSPORT SERVICE IS ENTITLED TO COMPENSATION. AS THE SCOPE OF PROTECTION IS RATHER LIMITED, WE PROPOSE TO IMPROVE THE EXISTING PROVISIONS BY PROVIDING FOR COMPENSATION TO AN EMPLOYEE WHO SUFFERS INJURY BY ACCIDENT:

(A)

(B)

WHILE DRIVING OR OPERATING ANY MEANS OF TRANSPORT PROVIDED BY HIS EMPLOYER BETWEEN HIS HOME AND HIS. PLACE OF WORK FOR THE PURPOSE OF ATTENDING TO OR AFTER ATTENDING TO HIS DUTIES; AND

WHILE TRAVELLING BETWEEN HONG KONG AND HIS PLACE OF WORK ABROAD BY ANY MEANS OF TRANSPORT AGREED BY HIS EMPLOYER.

WE ALSO PROPOSE THAT THE DEFINITION OF "MEDICAL EXPENSES" BE EXPANDED TO ENABLE THE COMMISSIONER FOR LABOUR TO PROCESS A CLAIM FROM AN EMPLOYEE INJURED AT WORK OUTSIDE HONG KONG FOR MEDICAL EXPENSES INCURRED OUTSIDE HONG KONG.

ANOTHER AREA OF IMPROVEMENT IS THAT THE BILL WOULD ENHANCE THE INTEREST OF AN INJURED EMPLOYEE WHO HAS BEEN ON PROLONGED SICK LEAVE. UNDER THE EXISTING PROVISIONS, THE EARNINGS OF AN EMPLOYEE FOR THE MONTH IMMEDIATELY PRECEDING THE DATE OF HIS ACCIDENT OR HIS AVERAGE MONTHLY EARNINGS DURING THE PREVIOUS 12 MONTHS ARE USED AS THE BASIS FOR CALCULATING PERIODICAL PAYMENTS AND COMPENSATION FOR DEATH OR PERMANENT INCAPACITY. THIS METHOD OF COMPUTATION DOES NOT CATER FOR ANY WAGE INCREASE WHICH THE EMPLOYEE MIGHT HAVE BEEN ENTITLED TO RECEIVE HAD IT NOT BEEN FOR THE ACCIDENT.

THE

WE NOW PROPOSE THAT FOR THE PURPOSE OF CALCULATING COMPENSATION PAYABLE TO AN EMPLOYEE AT THE END OF A 12-MONTH OR 24- MONTH PERIOD FOLLOWING HIS ACCIDENT, HIS EARNINGS SHOULD BE SUITABLY ADJUSTED WITH REFERENCE TO THE AVERAGE RATE OF WAGE INCREASE OF OTHER PERSONS EMPLOYED BY HIS EMPLOYER IN SIMILAR EMPLOYMENT, OR WHERE NO OTHER PERSONS ARE EMPLOYED BY HIS EMPLOYER IN SIMILAR EMPLOYMENT, THE RATE OF INFLATION, FOR THE PRECEDING 12 MONTHS OR 24 MONTHS BE USED AS APPROPRIATE.

WE ALSO PROPOSE THAT THE COURT BE PROVIDED WITH A DISCRETIONARY POWER ΤΟ EXTEND THE MAXIMUM PERIOD OF 24 MONTHS OF TEMPORARY INCAPACITY BY UP TO 12 MONTHS IN DESERVING CASES. THIS EXTENSION ALLOWS MORE TIME FOR THE CONDITION OF THE INJURED EMPLOYEE то STABILISE AND BE READY FOR ASSESSMENT OF PERMANENT INCAPACITY.

/AT PRESENT