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Article 10
Under section 36B of the ordinance, an employer is liable to pay for the initial costs of supplying and fitting a prosthesis or surgical appliance required by an employee as a result of an injury arising out of and in the course of employment. With effect from 1 July 1983, employees are entitled to
this kind of benefit even if the injury has not resulted in any permanent or temporary incapacity. This provision is to cater for particular cases of injury, such as loss of teeth, where the injured employee suffers no apparent loss of earning capacity, and yet the prosthesis required can be very costly.
Under section 36D, a claim for the initial cost of supplying and fitting a prosthesis or surgical appliance may be made by the Director of Health, by serving on the employer a request. in writing and, in accordance with section 36H, within a period of five years from the occurrence of the accident. The employer shall not be liable to pay for the cost of the aid unless the employee is treated by a registered medical..... or. dental practitioner and the prosthesis or surgical appliance is certified by the Prostheses and Surgical Appliances Board as necessary and reasonable in cost. In this respect, the employer's liability in any one accident is limited, under section 36C, to $14,000 for any one employee. ·
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Employers are also liable, in respect of accidents occurring on or after 1 November 1980, to pay for the probable cost of repair and renewal of the prosthesis or surgical appliance for 10 years after the initial fitting, subject to a maximum of $30,000. In respect of accidents occurring on or after 1 January · 1988, the maximum payment is $43,000. Thereafter the cost will be borne by the government out of the general
For an accident occurring before 1 November 1980, the cost for . repair and renewal of the prosthesis or surgical appliance is borne by the government. The Director of Health will ensure the supply and fitting of a prosthesis or surgical appliance to an injured employee as well as the repair and renewal of such prosthesis or surgical appliance.
revenue.
The Legislative Council may, by resolution, amend the maximum costs of supply, fitting, repair and renewal of the prosthesis or surgical appliance as specified in the ordinance.
Article 11
Section 28 (1)
of the ordinance provides that in, the event of insolvency of an employer the rights of the employer against the insurers shall be transferred to and vested in the employee. In the case where the employer has not insured or has not taken out sufficient cover, employees' compensation payments are given priority in proceedings for bankruptcy under section 38 of
the Bankruptcy Ordinance, or in the winding up of a company under section 265 of the Companies Ordinance, where appropriate.
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