Work Injury Claims/Traffic Accidents/Medical Negligence Q&A
I can get compensation for the following:
1.0 Economic loss (pecuniary loss)
1.1 Past Income Loss
1.2 Future loss of income
1.3 Hospital Fees
1.4 Transportation costs
1.5 Care and Nursing Fees
1.6 Supplement Fees
1.7 Rehabilitation equipment, such as wheelchair fees
2.0 Non-pecuniary loss
2.1 Pain and suffering
2.2 Loss of amenities
3.0 Interest on Compensation Amount
work injury claims
Q 1. Who can apply for a claim?
A 1. Including you; if you are an employee, you can apply as long as you are injured while on the job .
For example: workers, civil servants, white and blue-collar workers, etc.
Q 2. How do I file a claim?
A 2. Work injury claims include:
Apply to the Labour Department for workers' compensation; apply to a law firm for negligence claims.
You can claim compensation from your employer under the Ordinance or seek help from a law firm.
Q 3. How can a law firm help me?
A 3. We will provide you with free legal advice and help you obtain the compensation you deserve.
Q 4. How much compensation can I get?
A 4. The lawyer will add the different types of damages to arrive at the damages you should receive.
Q 5. How do I count as an injury?
A 5. Injured at work, including physical injury, mental trauma, etc.
Such as: being crushed, burned or fallen from height;
_cc781905-5cde-3194-bb3b3b-136bad5cf includes occupational disease.
Such as: physical strain caused by repeatedly repeating the same action.
Q 6. Is it a work-related injury when I am injured while away from work?
A 6. As long as you are employed by a local employer, you are protected by law no matter where you are.
It does not include injuries on the way back to work on public transportation, e.g. buses, subways.
Q 7. I am injured on the third day after returning to work, can my employer compensate me?
A 7. Yes; during the contract period, no matter the first day , even the last day , as long as you work, you will still be protected.
Q8. Is there a time limit for filing a lawsuit?
A8. The employee must file a legal action within 2 years of the work accident
traffic accident
Q1. What is a traffic accident?
A1. A traffic accident resulting in injury or death due to the driver's negligence is a traffic accident.
Q2. What can I do after an accident?
A2. Complain the negligent party and obtain compensation through judicial process.
Q3. How much compensation can I get?
A3. For details, please refer to the [How to Calculate Loss and Compensation] form.
Q4. How much does a lawyer cost? What if I don't have the money to hire a lawyer?
A4. You can apply for legal aid, which will be provided by the Legal Aid Department or by a lawyer of your choice to represent you. So that you will not lose the opportunity to recover compensation due to financial difficulties.
Q5. Can I recover the injury I suffered a year ago now?
A5. Yes. Prosecution is available for three years from the date of injury. If it exceeds three years, it depends on the case itself.
Q6. What is the proper claim evidence?
A6. Such as the following evidence:
1. Damages, influences and restrictions on continuing to engage in the original occupation, profession or work in the future, especially if it is impossible to engage in the original occupation, it needs to be replaced by a lower-income job.
2. Treatment and disability lead to long-term physical and mental pain, many inconveniences and restrictions in life, and need long-term care, such as hiring a full-time nurse to receive permanent treatment.
3. They cannot take care of their spouses, let alone enjoy a normal married life.
4. Psychological trauma after injury affects daily life.
5. The legal and reasonable economic loss forecast report for the rest of the life made by the evaluation and calculation.
6. Other favorable evidence.
Medical Negligence
Q1. What is medical negligence?
A1. Medical care workers fail to do what they should do, or do what they shouldn’t do, and provide medical services below the recognized level of medical care practice, resulting in patient injury or death, which will be regarded as professional negligence, that is, medical negligence
Q2. Is there a time limit for the claim?
A2. Yes, as in general personal injury cases, the time limit for claiming compensation is three years.
Q3. I don't know if my situation is medical negligence.
A3. If the patient suspects that the medical staff has committed negligence, they must seek legal advice as soon as possible.
Q4. What can I do for my recovery?
A4. Record the entire disease process and the situation before and after the operation in detail.
The previous medical history and medical records, as well as the medical records of the accident, are collected completely.
Q5. What compensation can I get?
A5. The sufferer can claim compensation from the negligent doctors, medical staff and hospitals, which mainly include the following:
[1] 疏忽賠償律師行處理 _cc781905-5cde-3194 -bb3b-136bad5cf58d_ _cc781905 -5cde-3194-bb3b-136bad5cf58d_ _cc781905-5cde-3194- bb3b-136bad5cf58d_ _cc781905- 5cde-3194-bb3b-136bad5cf58d_ _cc781905-5cde-3194-bb3b-136190bad5cf5c58d_ _cc78190 de-3194-bb3b-136bad5cf58d_ (2) Workers' Compensation Labor Department
2 compensations for 1 accidental work injury:
[1] Negligence Compensation and (2) Workers Compensation
[1] Negligence compensation:
1.0 Economic loss (pecuniary loss)
1.1 Past Income Loss
1.2 Lost income in the future [about several hundred thousand to several million yuan]
1.3 Medical expenses
1.4 Transportation costs
1.5 Care and Nursing Fees
1.6 Supplement Fees
1.7 Rehabilitation equipment, such as wheelchair fees
1.8 非經濟損失(non-pecuniary loss) _cc781905-5cde- 3194-bb3b-136bad5cf58d_ _cc781905-5cde-3194 -bb3b-136bad5cf58d_ _cc781905 -5cde-3194-bb3b-136bad5cf58d_ _cc781905-5cde-3194-bb3b-136bad5cf5 8d_ (1.8)沒有
1.9 Pain and suffering (pain and suffering) about 100,000-300,000 yuan -3194-bb3b-136bad5cf58d_ (1.9)沒有
1.10 Loss of amenities (loss of amenities) about 100,000-300,000 yuan 136bad5cf58d_ _cc781905-5cde- 3194-bb3b-136bad5cf58d_ (1.10) no
1.11 Interest on Compensation Amount
Lawyer Xie 9794 8246 Law Partner Law Firm
What do I need to prepare to apply for a claim?
Please prepare the following information:
Accident Category: Work Injury, Traffic Accident, Negligence
Personal Data: Gender, Occupation, Age, Monthly Income, Educational Level
Work Status: Return to Work, Sick Leave, Unemployment
Time details: date of resumption of work, number of work-related injuries and sick days
Incident details: date, elapsed time
Injury severity: minor, serious
Degree of Disability: Temporary, Permanent
Property damage:
contact method:
In 2015, the plaintiff Zhang Sheng was working on a site in West Kowloon. On a certain day in 2017, he was moving screw rods (about 30-40 kilograms)
Twisted to the back and felt huge pain.
and have some mental problems.
After a court hearing, it was decided to compensate Zhang Sheng for his pain and loss of living convenience of about 180,000 yuan;
Lost income of about 650,000;
Partial loss of earning ability 140,000;
Special damages are about 12,000.
The total compensation is about 980,000.
site work
2019 " The plaintiff, Rai, fell from a height of about 2 meters due to injuries in 2013,
Injuries to the right shoulder, upper and lower limbs. He was subsequently admitted to the Orthopedics and Trauma Department of Tuen Mun Hospital.
After a court hearing, it was decided to compensate Rai
Pain and living convenience lost 360,000;
The estimated loss is about 180,000;
Lost revenue of about 100,000;
Special damages are about 14,000.
The total compensation is about 650,000. "
site work
2010 "Ms. Luo was cut to his right hand by a rotating saw blade while doing carpentry work in a shop in Tsuen Wan,
A comminuted fracture of the right finger, and continued treatment after the injury.
After a court hearing, it was decided to compensate Ms. Luo about 500,000 for her pain and loss of living convenience;
The pre-trial income loss is about 1 million;
The post-trial income loss is about 2.2 million;
The loss of MPF contributions is about 160,000;
Partial loss of earning ability 48,000;
Special damages are about 9,000.
The total compensation is about 4.1 million. "
Rotary saw blade cutting
The metal sling of the container bounces into
2009 The plaintiff, Lai Sheng, a Mainland resident, encountered the AVIC No. 903 barge accident in 2008 when he was working as a seafarer. He was injured by a metal sling from a container and was injured. After a court trial, it was decided to compensate Lai Sheng for his pain and loss of living convenience of about 250,000 yuan. Hong Kong dollars;
The pre-trial income loss is about RMB 80,000;
The future income loss is about 300,000 yuan, and the medical expenses are about 50,000 yuan;
Partial loss of earning ability 32,000 RMB;
Nutritional food and travel expenses are about 10,000 RMB;
The total compensation is about 600,000 yuan.
