Personal Injuries and Employees Compensation Claims

We represent and give advice to clients to claim against their employers or the wrongdoer under tort to negotiate the quantum of compensation with insurers and defendants. We can help you assess the merits of your case and institute legal proceedings for all kinds of personal injuries cases, including those arising from traffic accidents and accidents at work. We also provide services to employees who are injured at work and wish to make a claim against their employers, for civil cases under tort law and  cases falling under the Employee Compensation Ordinance (Cap. 282).

Areas we specialise in:

  •         Assault;
  •         Accidents, including fatal accidents;
  •         Traffic accidents including car crash and ferry collisions;
  •         Work injuries and hygiene in working places; and
  •         Slip and fall accidents.

What to do if you suffer from assaults, traffic or slip and fall accidents?

If you suffer any injuries, please first receive appropriate medical treatment as soon as possible and state clearly to the attending medical staff the cause and course of the injury. Retain and document  all medical treatment records and reports. If possible, ask the doctors to estimate the maximum medical improvement regarding your condition(s).

Following that, you should make a report to the police. You should ask for copies of the relevant documents, such as police reports, prosecution statement and/or convictions relating to the incident. If you are unable to do so, you can ask a lawyer to write to the police for such documents.

A claim must be filed within a time limit, which is generally 3 years from the date of the Accident for tort claims and 2 years for Employees’ Compensation claims except for such as if the injured person is a minor or if the Accident occurred on board of a ship or an aeroplane. However, it is advisable that you bring your case to the attention of your legal advisor as soon as possible for better management of the case and possibly a prompt settlement. You should not engage any recovery agent for this purpose.

What to do if you suffer from work injury?

If you suffer any injuries, please first receive appropriate medical treatment as soon as possible and state clearly to the attending medical staff the cause and course of the injury. Retain and document all medical treatment records and reports. If possible, ask the doctors to estimate the maximum medical improvement regarding your condition.

If the injury was suffered in the course of your employment, you should immediately notify your employer, supervisor or human resource staff about the injury and provide them with full details of the injury so they can report this matter to the Labour Department promptly. However, do not accept any offer of settlement by the employer without first attending to legal advice, for it may adversely affect your claim.

You must bring a civil claim within a time limit, generally 3 years from the Date of Accident for tort claims; or 24 months from the Date of Accident for an Employee Compensation applications, subject to exceptions such as if the injured person is a minor or if the Accident occurred on board a  ship or an aeroplane. However, it is advisable that you bring your case to the attention of your legal advisor as soon as possible for better management of the case and possibly a prompt settlement. You should not engage any recovery agent for this purpose.

  • Bringing a civil claim

There are certain duties that when breached may allow you to bring a civil claim. For work injuries, an employer owes a duty to take reasonable care for the safety of its employees; for other injuries, individuals, companies or public bodies causing the accident may have a duty of care owed to you and may be liable depending on the circumstances of the accident. Any breach of such duty, depending on whether liability is established, may warrant damages as compensation to the employee, including past and future loss of income, pain, suffering and loss of amenity (PSLA), costs of future care and so on. Please keep all medical reports, receipts of medical care and transport expenses for the claim.

 

  • Employment compensation claim

Employees’ compensation claims are different from personal injury claims. It is advisable to consider both schemes in parallel to maximize one’s entitlement to damages. An  employees’ compensation claim requires the employer to file a report to the Labour Department in a prescribed form within 14 days after the accident alongside the injured person to attend a clinic or the Occupational Medicine Unit of the Labour Department to assess the injury, or 7 days in the case of death. Please ensure safekeeping and documentation of any receipts of medical expenses, internal or medical report and sick leave certificates. With this claim, you can claim four-fifths loss of monthly earnings, medical expenses, etc.

Please contact Mr. John Clancey, Ms. Vannie Lau or Mr. Ian Lam for advice.