Increasing the Levels of Compensation under the Employees’ Compensation Ordinance, the Pneumoconiosis and Mesothelioma (Compensation) Ordinance and the Occupational Deafness (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 17 March 2021 to increase the amounts of a total of 18 compensation items under ECO, PMCO and ODCO. The adjusted levels of compensation have come into effect on 15 April 2021.

ECO

The amounts of nine compensation items under ECO have been adjusted upwards. The new levels of compensation are applicable to eligible cases of employees meeting with accidents arising out of and in the course of employment on or after 15 April 2021 resulting in injuries or deaths or contracting prescribed occupational diseases on or after 15 April 2021. Changes of the compensation levels are as follows:

	Items under ECO	Previous Level ($)	New Level ($)
1.	Ceiling of the monthly earnings (for calculating compensation for death and permanent total incapacity)	30,530	35,600
2.	Minimum amount of compensation for death	440,200	473,610
3.	Minimum amount of compensation for permanent total incapacity	499,840	537,780
4.	Compensation for employees requiring attention by another person	599,230	644,710
5.	Minimum amount of surcharge on late payment of compensation initial surcharge further surcharge	710 1,430	760 1,540
6.	Maximum amount of funeral expenses	87,330	92,670
7.	Maximum amount of the cost of supplying and fitting a prosthesis or surgical appliance	41,750	44,300
8.	Maximum amount of the cost of the repair and renewal of a prosthesis or surgical appliance	126,490	134,220
9.	Minimum monthly earnings (for calculating periodical payments during work injury sick leave)	4,500	5,310

Please click here to view the resolution relating to ECO published in the Government Gazette.

PMCO

The amounts of five compensation items under PMCO have been adjusted upwards. The new levels of compensation are used to calculate the compensation payable to patients of pneumoconiosis or mesothelioma on or after 15 April 2021. For compensation items relating to death, the new levels are applicable to cases with the date of death occurring on or after 15 April 2021. Changes of the compensation levels are as follows:

	Items under PMCO	Previous Level ($)	New Level ($)
1.	Compensation for pain, suffering and loss of amenities (A monthly payment payable to all patients until they pass away)	5,330	5,660
2.	Compensation for bereavement	220,000	233,440
3.	Minimum compensation for death (pegged to the amount of compensation for bereavement)	220,000	233,440
4.	Maximum amount of funeral expenses	87,330	92,670
5.	Compensation for care and attention (A monthly payment payable to patients requiring the care and attention of another person)	5,600	5,750

Please click here to view the resolution relating to PMCO published in the Government Gazette.

ODCO

The amounts of four compensation items under ODCO have been adjusted upwards. The new levels of compensation are 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 15 April 2021. Changes of the compensation levels are as follows:

	Items under ODCO	Previous Level ($)	New Level ($)
1.	Maximum sum for calculating the amount of compensation for permanent incapacity Age under 40 (multiplying factor: 96) Age 40 to under 56 (multiplying factor: 72) Age 56 and above (multiplying factor: 48)	2,930,880 2,198,160 1,465,440	3,417,600 2,563,200 1,708,800
2.	Minimum sum for calculating the amount of compensation for permanent incapacity	499,840	537,780
3.	Financing limit for first-time HAD applications	19,000	20,160
4.	Aggregate financing limit for HADs	79,000	83,830

Please click here to view the resolution relating to ODCO published in the Government Gazette.

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