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Workplace Injury
Workplace injuries can disrupt lives, reducing income and, in severe cases, causing long-term impacts on mobility and work capacity. These incidents often leave workers feeling uncertain and distressed. Disputes between employers and employees can escalate rapidly, particularly when there is a lack of understanding of labor laws and insurance policies. This misunderstanding often leads to poor decisions and unnecessary losses.
Drawing on years of experience with injury cases, we help clients accurately understand employer responsibilities and employee rights, working to achieve outcomes that satisfy both parties.
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Latest Success Case Sharing
Date: September 2021
Time: Afternoon
Location: San Po Kong Construction Site
Injuries: 1 construction worker
Case Brief:
At the time of the accident, the worker was following his employer’s instructions to walk along a road to the dock, preparing to finish his shift. However, the unpaved road was uneven and covered with loose gravel. While walking, the worker slipped and fell, resulting in a fractured left foot. Subsequently, he developed depression.
The worker was on medical leave for approximately 2 years and was unable to work during this period. After his sick leave ended, we filed 2 civil claims on behalf of the worker, concerning his work injury and negligence, to claim damages incurred from the accident, including loss of income during his sick leave and medical expenses.
In the negligence case, according to relevant legislation, both the employer and the main contractor are required to ensure that reasonable and practical safety measures are in place at all work locations within the construction site. This includes providing adequate and safe access and egress points and maintaining them properly. Therefore, we requested the worker to provide photos of the site to understand the condition of the road. Based on these photos, it was evident that the unpaved road was unsuitable for walking, suggesting that the employer and the main contractor had violated regulations and displayed negligence in the accident, which we presented in our statement.
Ultimately, the employer and the main contractor did not raise any significant disputes regarding liability. We successfully negotiated a settlement for the worker with both parties, and he was very satisfied with the settlement agreement.
Date: July 2022
Time: Afternoon
Location: Hong Kong Airport third runway
Number of Injured: 1 foreman
Incident:
During the construction of the airport’s third runway, the ground was uneven and there were no anti-slip mats. The foreman accidentally stepped on the muddy road during work, lost balance, and fell.
The foreman took 1.5 months off to recover from the accident. After the accident, the foreman did not immediately notify the employer and only discovered after being dismissed that the employer had not paid all the wages and compensation for the related sick leave.
With our understanding and assistance, we successfully claimed compensation for him for his loss of income and medical expenses during the injury period from the employer.
Date: December 2021
Time: Afternoon
Location: Lau Fau Shan
Number of Injured: 1 warehouse worker
Incident:
On the day of the incident, the worker was working in a warehouse at the location. While securing a pile of discarded items on a pallet, the worker tripped over the corner of the pallet and strained his left leg, resulting in on-going pain and weakness in the left leg. Although the worker had received employee compensation, the employer refused to take responsibility for negligence, and provided CCTV footage claiming that the worker tripped due to their own carelessness.
Under current laws, employees injured at work can claim compensation for negligence if the employer is at fault. However, if the employer has taken all feasible measures to prevent the accident, they are not liable.
Our solicitor observed from the CCTV footage that the worker was using packing tape to secure the items on the pallet. Due to the large number of items and the narrow tape, the worker had to circle the pallet multiple times to secure the items. He further questioned that the employer did not provide suitable tools or sufficient manpower to allow the worker to complete the task safely, which has indeed constituted negligence. The argument stated that, if the employer had provided large rolls of wrapping film instead of regular packing tape or arranged 2 employees to pass the tape to each other, the worker would not have had to circle the pallet multiple times and trip. We successfully obtained reasonable compensation for the worker based on these arguments.
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