Skip to main content

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

Labour Department

In accordance with the Employees’ Compensation Ordinance, of 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 living members of the family –

  1. Compensation for Death
Age of injured employeeAmount of compensation
Under 4084 months’ earnings [Note 1] or minimum compensation [Note 2], whichever is higher
40 to under 5660 months’ earnings [Note 1] or minimum compensation [Note 2] , whichever is higher
56 or above36 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 1 April 2017, the maximum monthly earning is $28,360. For work injuries caused by accidents happening between 5 March 2015 and 31 March 2017, the maximum amount is $26,070.
       
[Note 2] There is a minimum compensation for death. For work injuries caused by accidents happening on or after 1 April 2017, the minimum compensation is $408,960. For work injuries caused by accidents happening between 5 March 2015 and 31 March 2017, the minimum compensation is $375,950. 

The “monthly earnings” is to be taken as -
  1. the earnings for the month immediately preceding the date of the accident; or 
  2. 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. 
 
  1. Funeral and Medical Expenses

    The employer is liable to reimburse funeral and medical attendance expenses. If the accident causing the work injury happens on or after 1 April 2017, the maximum reimbursement amount for such expenses is $83,700. If the accident causing the work injury happens between 5 March 2015 and 31 March 2017, the maximum reimbursement amount is $76,220.


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.


 

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

Do you find this information useful?
Is the information sufficient?
Is it easy to get the information you want?
Other comments:
Last update: 15 Oct 2019
Light bulb iconWant to learn more?