| Responsibility
of the employee The injured employee should notify the employer as soon
as possible if he sustains a work injury or contracts an occupational disease
prescribed in the Employees' Compensation Ordinance. Notice may be given orally
or in writing (such as on Form 1 or Form 1A, as the case may be) to the employer
or the employee's supervisor. The employer is presumed to have had notice of the
accident or the prescribed occupational disease if the employee dies on or near
the employer's premises or at the place where he was working. Responsibility
of the employer The employer must notify the Commissioner for Labour
of any work accident or prescribed occupational disease by Form 2, Form 2A or
Form 2B, as the case may be. Work injury cases in general should be reported in
14 days' time while the fatal cases in 7 days' time. If the injured employee
has doubt as to whether his employer has reported the work injury or the prescribed
occupational disease to the Commissioner for Labour, he could report his case
to the respective Employees' Compensation Division branch office of the Labour
Department responsible for handling employees' compensation claims according to
the area where his work injury occurred. The Employees' Compensation Division
branch office, upon receipt of his notification, will ask the employer in writing
to report the work injury or the prescribed occupational disease according to
the requirement of the Employees' Compensation Ordinance, if such notification
has not yet been received from the employer. |