| What's
New Pneumoconiosis
(Compensation) (Amendment) Ordinance 2008
Upon commencement of the Pneumoconiosis (Compensation) (Amendment) Ordinance 2008
on 18 April 2008, the Pneumoconiosis (Compensation) Ordinance is re-titled as
the "Pneumoconiosis and Mesothelioma (Compensation) Ordinance" in tandem
with the extension of its coverage to include mesothelioma. With the amendments:
-
cancerous mesothelioma is a compensable disease under the Ordinance - "mesothelioma"
is defined as "a primary malignant neoplasm of the mesothelial tissue due
to dust of asbestos or dust containing asbestos";
mesothelioma sufferers are subject to the same eligibility criteria as the pneumoconiotics
under the Ordinance for the purpose of application for compensation, i.e. to be
eligible for compensation under the Ordinance, a person diagnosed as suffering
from mesothelioma should have to be resident in Hong Kong for 5 years or more;
mesothelioma sufferers with less than 5 years' residence are also eligible if
they contracted the disease in Hong Kong;
eligible mesothelioma sufferers are entitled to the same compensation and benefits
as those for pneumoconiotics;
- the Pneumoconiosis Medical
Board (PMB) is empowered to assess whether the claimants are suffering from mesothelioma
and the degree of incapacity, and to determine the cause of death of the sufferers
in fatal cases; and
only persons who are diagnosed
by the PMB on or after 18 April 2008 (i.e. the date of commencement of the amended
provisions) to be suffering from mesothelioma, or family members of deceased mesothelioma
sufferers whose death occurs on or after 18 April 2008 and is diagnosed by the
PMB to have been resulted from mesothelioma, may apply for compensation under
the Ordinance.
For enquiry, please call 2852 4821.
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