| A1. |
If the employer is in doubt about the cause of an employee's injury or sick
leave, he may conduct preliminary investigation, including interviewing the injured
employee to obtain details of the accident, inquiring of the witnesses about the
circumstances, assessing the possibility of the work environment leading to the
accident, and requesting the attending registered medical practitioner, registered
Chinese medicine practitioner (Note 1) or registered dentist of the
injured employee to provide a medical report for reference. On the other hand,
the employer can contact the insurer for appropriate follow-up action, such as
arranging a medical examination to be conducted by a registered medical practitioner,
registered Chinese medicine practitioner ,(Note 2) or registered dentist
named by the employer for the injured employee. The employer may also seek professional
legal advice. On encountering a suspected fraudulent case, an employer may consider
forwarding the evidence collected and other relevant information to the Police
for action. If the employer is still in doubt about the work injury case, he may
pass his views and the relevant information to the Labour Department. The Labour
Department will give its views to both parties on the likelihood of the case being
a work injury from the medical point of view and according to the provisions of
the Employees' Compensation Ordinance. Please take note that the Labour Department
does not have the authority to make adjudication on any dispute of the case. If
the employer and the employee could not reach any settlement with the assistance
of the Labour Department, the case shall be determined by the Court. |