What compensation should an employer pay to the family member(s) of an employee who dies as a result of a work injury?

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In accordance with the Employees’ Compensation Ordinance, if an employee sustains an injury or dies as a result of an accident arising out of and in the course of his/her employment, the employer is in general liable to pay compensation under this Ordinance.

Compensation for Death

If an injured employee dies as a result of a work injury, the employer shall be liable to pay compensation to his/her surviving members of the family –

1. Compensation for Death

Age of deceased employee	Amount of compensation
Under 40	84 months’ earnings [Note 1] or minimum compensation [Note 2], whichever is higher
40 to under 56	60 months’ earnings [Note 1] or minimum compensation [Note 2] , whichever is higher
56 or above	36 months’ earnings [Note 1] or minimum compensation [Note 2] , whichever is higher

[Note 1] The monthly earnings used for calculating compensation are subject to a maximum limit.

For work injuries caused by accidents happening on or after 13 April 2023, the maximum monthly earning is $36,550.
For work injuries caused by accidents happening between 15 April 2021 and 12 April 2023, the maximum amount is $35,600.

[Note 2] There is a minimum compensation for death.

For work injuries caused by accidents happening on or after 13 April 2023, the minimum compensation is $486,300.
For work injuries caused by accidents happening between 15 April 2021 and 12 April 2023, the minimum compensation is $473,610.

The “monthly earnings” is to be taken as -

the earnings for the month immediately preceding the date of the accident; or
the average monthly earnings for the previous 12 months of employment (or any shorter period if the employee has not been so long employed);

whichever calculation is more favourable to the employee.

2. Funeral and Attendance Expenses

The employer is liable to reimburse funeral and medical attendance expenses.

If the accident causing the work injury happens on or after 13 April 2023, the maximum reimbursement amount for such expenses is $94,690.
If the accident causing the work injury happens between 15 April 2021 and 12 April 2023, the maximum reimbursement amount is $92,670.

For further details of the Ordinance, please refer to the “ A Concise Guide to the Employees' Compensation Ordinance (PDF)” issued by the Labour Department or the Employees’ Compensation Ordinance.

This is not a legal document. The Ordinance remains the sole authority for the provisions of the law explained.