Increasing the Levels of Compensation under the Employees’ Compensation Ordinance, the Pneumoconiosis and Mesothelioma (Compensation) Ordinance and the Occupational Deafness (Compensation) Ordinance, and Expanding the List of Medical Appliances under the Pneumoconiosis and Mesothelioma (Compensation) Ordinance
- The Employees’ Compensation Ordinance (ECO) provides for the payment of statutory compensation to injured employees and family members of deceased employees for prescribed occupational diseases, injuries or deaths caused by accidents arising out of and in the course of employment.
- The Pneumoconiosis and Mesothelioma (Compensation) Ordinance (PMCO) provides for the payment of compensation to persons and their family members in respect of incapacity or deaths resulting from pneumoconiosis and/or mesothelioma.
- The Occupational Deafness (Compensation) Ordinance (ODCO) provides for the payment of compensation to persons who suffer from noise-induced deafness by reason of employment in the noisy occupations specified under the Ordinance.
- The Legislative Council passed three resolutions on 3 April 2019 to increase the amounts of a total of 18 compensation items under ECO, PMCO and ODCO, and to expand the list of medical appliances under PMCO to include the following two items: 1) non-invasive positive pressure ventilation device (and humidifier when used with the device) and their accessories; and 2) sputum suction device and its accessories. The revised levels of compensation and list of medical appliances have taken effect from 26 April 2019.
ECO
- The amounts of nine compensation items under ECO will be increased. The new levels of compensation will be applicable to eligible cases of employees meeting with accidents arising out of and in the course of employment on or after 26 April 2019 resulting in injuries or deaths or contracting prescribed occupational diseases on or after 26 April 2019. Changes of the compensation levels are as follows:
| Items under ECO | Existing Level ($) | New Level ($) | |
|---|---|---|---|
| 1. |
Ceiling of the monthly earnings (for calculating compensation for death and permanent total incapacity) |
28,360 | 30,530 |
| 2. | Minimum amount of compensation for death | 408,960 | 440,200 |
| 3. | Minimum amount of compensation for permanent total incapacity | 464,360 | 499,840 |
| 4. | Compensation for employees requiring attention by another person | 556,700 | 599,230 |
| 5. | Minimum amount of surcharge on late payment of compensation | ||
| initial surcharge | 660 | 710 | |
| further surcharge | 1,330 | 1,430 | |
| 6. | Maximum amount of funeral expenses | 83,700 | 87,330 |
| 7. | Maximum amount of the cost of supplying and fitting a prosthesis or surgical appliance | 40,010 | 41,750 |
| 8. | Maximum amount of the cost of the repair and renewal of a prosthesis or surgical appliance | 121,230 | 126,490 |
| 9 |
Minimum monthly earnings (for calculating periodical payments during work injury sick leave) |
4,090 | 4,500 |
- Please click here to view the resolution relating to ECO published in the Government Gazette.
PMCO
- The amounts of five compensation items under PMCO will be increased. The new levels of compensation will be used to calculate the compensation payable to patients of pneumoconiosis or mesothelioma on or after 26 April 2019. For compensation items relating to death, the revised levels will be applicable to cases with the date of death occurring on or after 26 April 2019. Changes of the compensation levels are as follows:
| Items under PMCO | Existing Level ($) | New Level ($) | |
|---|---|---|---|
| 1. |
Compensation for pain, suffering and loss of amenities (A monthly payment payable to all patients until they pass away) |
5,110 | 5,330 |
| 2. | Compensation for bereavement | 121,230 | 220,000 |
| 3. |
Minimum compensation for death (pegged to the amount of compensation for bereavement) |
121,230 | 220,000 |
| 4. | Maximum amount of funeral expenses | 83,700 | 87,330 |
| 5. |
Compensation for care and attention (A monthly payment payable to patients requiring the care and attention of another person) |
5,210 | 5,600 |
- Moreover, expenses for medical appliances are payable under PMCO in respect of those appliances which at present include (a) wheelchair; (b) oxygen concentrator and its accessories; and (c) oxygen cylinder and its accessories. On or after 26 April 2019, eligible pneumoconiosis or mesothelioma patients are entitled to the reasonable expenses of the use or supply of two new medical appliances, which include (d) non-invasive positive pressure ventilation device (and humidifier when used with the device) and their accessories; and (e) sputum suction device and its accessories.
- Please click here to view the resolution relating to PMCO published in the Government Gazette.
- The amounts of four compensation items under ODCO will be increased. The new levels of compensation will be applicable to eligible cases with the date of the determination of the compensation amount and the financing amount for hearing assistive devices (HADs) on or after 26 April 2019. Changes of the compensation levels are as follows:
| Items under ODCO | Existing Level ($) | New Level ($) | |
|---|---|---|---|
| 1. | Maximum sum for calculating the amount of compensation for permanent incapacity | ||
|
Age under 40 (multiplying factor: 96) |
2,722,560 | 2,930,880 | |
|
Age 40 to under 56 (multiplying factor: 72) |
2,041,920 | 2,198,160 | |
| Age 56 and above (multiplying factor: 48) |
1,361,280 | 1,465,440 | |
| 2. | Minimum sum for calculating the amount of compensation for permanent incapacity | 464,360 | 499,840 |
| 3. | Financing limit for first-time HAD applications | 16,470 | 19,000 |
| 4. | Aggregate financing limit for HADs | 57,110 | 79,000 |
Please click here to view the resolution relating to ODCO published in the Government Gazette.
Enquiries
Enquiry Hotline: 2717 1771 (handled by “1823”)