practice areas / 02

Personal Injury & Employees’ Compensation

When an injury changes everything, the decisions made early define what comes next.

the starting point

A workplace accident, a road collision, a fall on someone else’s premises — the injury itself is only the beginning. What follows is a process most people have never faced: employer insurers, medical assessments, time limits, and compensation that depends on exactly how and where you were hurt.

KCL acts for injured workers and individuals, on a simple principle: an injured person deserves the same quality of legal thinking as any business client. How the claim is handled matters — and so does what you recover.

what kcl handles

The Matters KCL Takes On

•

Work injuries — Employees’ Compensation (Cap. 282) 

Every Hong Kong employer must carry employees’ compensation insurance. If you are injured at work, this claim must be paid regardless of who was at fault. KCL advises on how the compensation is worked out in your case, and acts when an insurer disputes the claim or the amount.

•

Negligence claims against an employer

The work injury claim is not always the whole picture. If the accident happened because the workplace was unsafe, you may also have a separate negligence claim. It is judged differently and can cover losses the first claim does not.

•

Traffic accident and public-place injury claims

Injuries on the road, or on someone else’s premises, raise questions of fault and insurance that decide what can be recovered, and from whom.

•

Fatal accident claims

When an accident causes a death, the family left behind may have claims of their own. KCL handles these with the care they require.

KCL’s Approach

After a work injury, there are often two separate claims you can make.

The first is the work injury claim (Employees’ Compensation). Your employer’s insurance must pay this, no matter who was at fault. It is the claim the insurer will usually offer you.

The second is a negligence claim — a separate claim you may be able to make if the accident happened because the workplace was unsafe. It is judged differently, and it can cover things the first claim does not.

Many injured workers take only the first claim — the one put in front of them — and never find out the second was possible. By the time they do, it can be too late to start it.

KCL looks at both from the very beginning. That way, nothing you are entitled to is missed, and no deadline passes without you knowing about it.

representative matters

Drawn From The Public Record

Fall From Height On a Construction Site [2022] HKCFI 2179 

representative matters

Acting for the plaintiff, an injured construction worker, in the Court of First Instance. The worker fell from height after a chain block failed. The Court found that the employer, the sub-contractor and the main contractor had each failed to provide a safe system of work, and rejected the claim that the worker was partly to blame. Damages were assessed at over HK$2.7 million.

common questions

What People Ask First

If you are injured at work, you are generally entitled to claim Employees’ Compensation from your employer’s insurer, regardless of who caused the accident. You may also have a separate negligence claim if the workplace was unsafe. You have the right to seek your own legal advice before accepting any offer.

Report the accident to your employer as soon as possible. See a doctor and keep all medical records and receipts. Do not sign any document from your employer or their insurer before getting legal advice. Time limits apply, so it is best to act early.

A work injury claim (Employees’ Compensation) is paid regardless of fault, using a formula set by law. A negligence claim is based on the workplace being unsafe, and can cover a wider range of losses — but you must show the employer failed to take reasonable care. Where both apply, they often proceed together.

Compensation under Cap. 282 is worked out from your earnings and the degree of permanent injury assessed by a medical board. Because it depends on your own circumstances, two claims for the same injury can result in different amounts. KCL advises on how the calculation applies to your case.

Time limits apply, and they are different for work injury claims and negligence claims. Missing the deadline can end a claim no matter how strong it is.

Some employers are uninsured, and some insurers dispute liability or the amount. There are routes available in both situations, including statutory channels where an employer cannot pay. KCL can explain what applies to your circumstances.

Most claims are resolved without a trial. KCL prepares every matter as if it may go to court — that preparation is often what makes a fair settlement possible.

Often, yes. Being partly responsible does not necessarily stop a claim, though it can affect what is recovered. It is worth getting advice before assuming you have no claim.

speak with kcl

If you have been injured and want to understand where you stand.

KCL is available for a confidential initial discussion.

This page provides general information about personal injury and Employees’ Compensation matters in Hong Kong. It is not legal advice, and it does not create a solicitor–client relationship. Time limits apply to claims under the Employees’ Compensation Ordinance (Cap. 282) and at common law. For advice on your own situation, speak with a qualified solicitor.