XN000022-1996-05-24 — Page 14

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Procedures of compensation claim explained

In response to press enquiries on the court case involving former worker Ng Kwok-wing, a Labour Department spokesman said today (Friday) that soon after Mr Ng was injured at work on October 17, 1990, the department had been in close contacts with the Legal Aid Department (LAD).

Mr Ng had applied for legal aid to claim damages through the court two weeks after his injury.

"We were later informed that Mr Ng was provided with legal aid in late March 1991," the spokesman said.

Under current practice, the Labour Department arranges a médical board to assess the injury condition of an injured worker after his or her sick leave expires and the worker's condition has been stabilised. Mr Ng was given two-year sick leave by medical practitioners. The sick leave period concluded in early December 1992.

A medical board was then arranged by the department and completed the relevant assessments on Mr Ng's injuries on February 8, 1993. The assessment results showed that he sustained a 100 per cent permanent incapacity.

In March 1993, the results were forwarded to LAD for further action after the completion of relevant documentation.

"There is a standing agreement between the Labour Department and LAD that for every case in which an injured employee is assessed by the Ordinary Assessment Board as having a five per cent or more permanent incapacity, the Labour Department would explain to him his rights to claim damages at common law and refer his case to LAD for assistance," he said.

An injured employee may however indicate to the Labour Department his wish to claim common law damages even before an assessment of his permanent incapacity is completed.

"It is up to the injured employee to decide on the circumstances of his case as to whether he would wish to claim damages for employer's negligence through the common law," the spokesman added.