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 –
- Compensation for Death
[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 -
- 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);
- 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.