What is a workplace injury?
A workplace injury is when you are injured while you work. For migrant domestic workers (‘MDW’), usually the place of work is your employer’s home. If you are injured while working for your employer, it is a serious issue and you should take immediate action. Some injuries are very serious (e.g. a very big cut or a breaking a bone). If you have a serious injury while you are working, go to the hospital immediately for treatment – do not delay. If you have a smaller injury (for example, a small cut on your finger), take pictures of the injury and and take note of the time. See the doctor or go to the hospital as soon as you can.
In Hong Kong, the Employees Compensation Ordinance (Cap. 282) protects all workers, including MDWs. If an employee is injured at work, the employer must pay compensation, or money, to the employee if they are injured during work.
However, there are some diseases that are not protected under the law to MDWs, because they are not considered to be related to the work of an MDW. If you are not sure if your injury falls into this category, contact an NGO or legal advisor (in the Resources section below).
What does it mean to be injured while working?
Under the Employees Compensation Ordinance of Hong Kong, an employee is considered to have a workplace injury if the injury happens while they are employed and doing work under their Employment Contract. This also includes if the employee was doing something that is illegal or when the employee did something without the employer’s permission or instruction.
For MDWs, all duties in the Employment Contract or agreed between MDW and employer are covered by the law, even if the employer did not order you to do something. So, if you are an MDW and you are injured when you are doing work under your Employment Contract, even if your employer did not ask you to do the work, you may be able to get compensation, or money, from your employer.
Even if the work you are doing is illegal (e.g. working in a shop, working in two houses, or working at a different address than the address in your Employment Contract), if you are injured, your employer may have to pay you compensation (money) for the injury.
However, be careful that if you are working illegally, the authority may investigate you further. The Hong Kong government may want to check if you are a victim to human trafficking or forced labour.
What if I am injured outside Hong Kong?
Some employers take their MDW overseas to work. This is illegal and it is important to know that both the law and most MDW insurance policies do not cover any injury that happen outside of Hong Kong.
If a Hong Kong government agency (e.g. Immigration Department, Labour Department) suspects that an MDW has been trafficked or forced to work outside Hong Kong, the government may conduct an investigation.
What if I am injured in Hong Kong while working?
Under the law, all employers of MDWs must secure insurance policies for their MDWs. If an employer fails to get an insurance, they may have to pay a fine of HK$100,000 and may be sentenced to 2 years in prison. The employer must pay for the insurance by themselves. An MDW does not need to pay for her own insurance. The employer is not allowed to deduct salary or force an MDW to pay for insurance.
If you want to check if your employer has gotten an insurance for you, you can ask your employer first. If they refuse or do not do anything, you can write a formal letter to ask for a proof of insurance and all documents for inspection. Contact an NGO or legal advisor if you need help doing this (see the Resources section below).
If you are injured at work, your employer must tell the Labour Department and the insurance company as soon as possible.
Helpful Tips
- Call the ambulance at 999 if you are seriously injured or seek medical treatment as soon as possible. Tell the doctor about your injury and how it happened. If your injury is not that serious, make sure you take pictures or videos of your injury. Also try to write down the time, date and location of the injury as you will need this information at a later stage.
- Report the injury to your employer as soon as you can. This can be in writing or a message over WhatsApp. If you forget, it might be more difficult to make a claim for compensation (money). Make sure you give information on:
- Date and time of injury
- Location of injury
- How the injury happened
- What the injury is (e.g. a cut, a broken bone etc)
- Remind your employer to report the work injury to the Labour Department within 14 days from the injury. Your employer is legally required to inform the Labour Department of any injury within 14 days.
- Keep evidence of the injury – e.g. photos of the location of the injury, WhatsApp messages.
- Take photos of or make copies of:
- Sick leave certificate
- Work injury report
- Receipts (for medicine etc)
- Any follow up treatment
- Go to the Labour Department and tell them you have been injured at work.
- If your employer refuses to report the work injury or fires you because of your injury, go to the Labour Department as soon as possible. You can get help from a legal advisor or NGO to make a claim for compensation (money).
