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Personal Injury Lawyers in Hong Kong.

Find personal injury lawyers in Hong Kong for work injury and employees' compensation claims, road accidents and public-place injuries. Compare firms here.

1 firm on Justenda. Compare firms

Key facts

Does the employer pay if the worker was careless?
Generally yes. Under the Employees' Compensation Ordinance, the employer is liable for injuries from an accident arising out of and in the course of employment, even if the employee was at fault.
What is the deadline for an employees' compensation claim?
An application to the court for employees' compensation has to be made within 24 months of the accident.
Can an injured employee also sue for damages?
Yes, where negligence caused the injury. Common law damages are reduced by the employees' compensation already paid or payable.
Is Legal Aid available for injury claims?
Yes, subject to a means test and a merits test. The Supplementary Legal Aid Scheme covers employees' compensation claims whatever the amount.

Featured firms

Featured personal injury lawyers in Hong Kong

See all 1 firm
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Nanwani Solicitors LLP

Free consultation
Law firmCentral & WesternEnglish · Cantonese · Chinese (Mandarin) · Hindi

Nanwani Solicitors LLP is an independent Hong Kong law firm trusted for strategic advice, clear thinking and decisive execution.

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What a personal injury lawyer in Hong Kong does

A personal injury lawyer in Hong Kong handles claims for injuries at work, on the road, and in shops, buildings and other public places. Work injury claims run on two tracks: statutory compensation under the Employees' Compensation Ordinance (Cap. 282), and a separate claim for damages at common law where someone's negligence caused the injury.

The Ordinance is a no-fault system. If an employee is injured in an accident arising out of and in the course of employment, the employer is generally liable to pay compensation even if the employee was careless. Every employer must hold insurance covering its liabilities under the Ordinance and at common law, for all employees, full-time or part-time. That includes households employing a domestic helper.

How an employees' compensation claim works

The employer must report the accident to the Labour Department within 14 days, or within 7 days in a fatal case, whether or not it accepts liability. During sick leave the employee receives periodical payments of four-fifths of the difference between earnings at the time of the accident and earnings during the incapacity, for up to 24 months. Permanent incapacity is assessed by a board and compensated by a formula tied to age and monthly earnings.

The deadline that matters most: an application to the court for employees' compensation has to be made within 24 months of the accident. The Labour Department asks employees whose case is not settled by the 18th month to contact its Employees' Compensation Division, which can help them approach the Legal Aid Department or register the claim at the District Court.

Common law damages, on top of compensation

The Ordinance does not limit an employer's civil liability. Where the employer's negligence caused the injury, the employee can receive compensation and also sue for damages, although the damages are reduced by the compensation already paid or payable. Where someone other than the employer caused it, such as a contractor or a driver, the employee can claim damages from them as well.

A lawyer's work concentrates here. Proving negligence and valuing a loss is litigation, and a common law claim has its own limitation period under the Limitation Ordinance (Cap. 347), which a lawyer confirms for the specific case. Disputes about the employment itself, such as dismissal while on injury leave, sit with employment lawyers in Hong Kong.

All firms

All personal injury lawyers in Hong Kong

N

Nanwani Solicitors LLP

Free consultation
Law firmCentral & WesternEnglish · Cantonese · Chinese (Mandarin) · Hindi

Nanwani Solicitors LLP is an independent Hong Kong law firm trusted for strategic advice, clear thinking and decisive execution.

Road accidents and public places

A road accident victim can claim damages from whoever was responsible. Separately, the Social Welfare Department's Traffic Accident Victims Assistance Scheme gives speedy financial help without a means test, and its published eligibility criteria do not require proving who was at fault. The accident must have been reported to the Police, the application made within six months, and the injury must have caused at least seven days' hospitalisation or sick leave, or permanent disability or death.

Injuries in shops, buildings and other public places are claims against whoever was responsible for the premises or the hazard. They turn on evidence gathered early: photographs, witness details, and medical records from the first visit.

How to choose between firms

Do they run both tracks? Ask whether the firm handles the employees' compensation claim and any common law claim together, since the two interact.

How do they handle medical evidence? Ask who instructs the medical experts and how the firm deals with the Labour Department's assessment.

How do they charge? Firms listed on Justenda set their own fees. Ask how the firm bills, what happens to costs if the claim succeeds or fails, and whether Legal Aid is worth applying for first.

The Ordinary Legal Aid Scheme covers traffic accident claims, industrial accident claims and employees' compensation, for applicants who pass a means test and a merits test. The Supplementary Legal Aid Scheme reaches applicants with more resources, for personal injury claims likely to exceed $75,000, and covers employees' compensation claims whatever the amount.

This page is general information, not legal advice. For a specific injury claim, speak with a qualified lawyer: the firms below list their languages, locations, and areas of focus, and the wider list of lawyers in Hong Kong covers other practice areas.

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Common questions

Frequently asked questions

How do you claim employees' compensation in Hong Kong?
Tell the employer about the work injury straight away, get medical treatment, and give the employer the sick leave certificates and medical receipts. The employer must report the accident to the Labour Department within 14 days, or 7 days in a fatal case, whether or not it accepts liability. A claim can be settled by direct payment, by agreement, by certificate, or by the court. If the case is not settled, an application to the court has to be made within 24 months of the accident, and the Labour Department's Employees' Compensation Division can help an employee approach the Legal Aid Department or register the claim.
How much compensation is paid for a work injury in Hong Kong?
It depends on the injury. During sick leave, the employee receives periodical payments of four-fifths of the difference between monthly earnings at the time of the accident and earnings during the incapacity, for up to 24 months. For permanent total incapacity, compensation is a multiple of monthly earnings that falls with age, or a statutory minimum if higher, and permanent partial incapacity is paid as a percentage of that amount. A common law damages claim, where available, is assessed separately.
Are domestic helpers covered by employees' compensation?
Yes. Employers are required to take out employees' compensation insurance for their foreign domestic helpers, covering their liability under the Employees' Compensation Ordinance and at common law. An employer who fails to secure insurance cover commits an offence. A helper injured at work follows the same compensation process as any other employee.
What help is there after a traffic accident in Hong Kong?
Two routes run side by side. The victim can claim damages from whoever was responsible for the accident. The Social Welfare Department's Traffic Accident Victims Assistance Scheme also gives speedy financial help without a means test, and its published eligibility criteria do not require proving who was at fault, provided the accident was reported to the Police, the application is made within six months, and the injury caused at least seven days' hospitalisation or sick leave, permanent disability, or death. The department checks for other compensation for the same accident to avoid double payment.

Sources

  1. labour.gov.hk/eng/public/ecd/pco360.pdfPDF
  2. Legislatlabour.gov.hk
  3. Workinjurygov.hk
  4. fdh.labour.gov.hk/en/faq.html
  5. Trafficaccswd.gov.hk
  6. Generalinfo.gov.hk
  7. Civillad.gov.hk/eng/las/civil/olas.html
  8. Civillad.gov.hk/eng/las/civil/slas.html
  9. Eo guide fullPDFlabour.gov.hk