What should employers do if a domestic helper is injured at work in Hong Kong?

Overview

If a foreign domestic helper is injured in the course of their employment, Hong Kong law is clear about what happens next. The Employees' Compensation Ordinance (Cap. 282) applies to all domestic helpers, and employers have specific legal obligations — from maintaining insurance to reporting injuries within set deadlines.

Mandatory Employees' Compensation Insurance

Before a helper starts work, employers must have a valid Employees' Compensation Insurance policy in place. This is not optional.

• The policy must cover the helper for the full duration of employment
• Failure to insure is a criminal offence: fines up to HK$100,000 and up to 2 years' imprisonment
• The insurance must be obtained from an authorised insurer in Hong Kong

The Standard Employment Contract (ID407) includes a clause requiring employers to maintain this insurance. The obligation rests entirely with the employer.

Immediate Steps After an Injury

1. Get medical treatment — take the helper to see a doctor or A&E immediately. Do not delay treatment.
2. Preserve documentation — keep all medical certificates, receipts, and treatment records. These will be needed for any compensation claim.
3. Notify your insurer — contact your insurance company as soon as reasonably possible.
4. Report to the Labour Department — an employer must notify the Labour Department of any work injury:

• Within 14 days for non-fatal injuries
• Within 7 days for fatal injuries or injuries resulting in permanent incapacity

What Compensation Covers

Under the Employees' Compensation Ordinance, compensation may include:

• Medical expenses — costs of necessary treatment
• Sick leave pay — periodical payments equivalent to four-fifths (80%) of the difference between the helper's pre-injury earnings and any earnings they can still make, for the duration of certified sick leave
• Lump-sum compensation — for permanent incapacity or death, calculated by formula under the Ordinance
• Funeral expenses — in cases of death

The helper's entitlement depends on the severity and nature of the injury. The insurance company, Labour Department, and if needed the courts will determine the amount.

What Counts as a Work Injury?

An injury is compensable if it occurs in the course of employment — meaning during work duties, travelling for work, or other circumstances connected to the employment. For example, injuries that occur during household duties — such as mopping the floor or running a household errand — are the kinds of circumstances that may fall within scope. Whether a specific injury qualifies is determined case by case, and disputed cases may be referred to the Labour Department or courts.

Injuries that occur entirely outside of employment (e.g. on a rest day, unrelated to any work task) are not covered by employees' compensation, though normal sick leave provisions still apply.

Helper's Rights During Recovery

If a helper is on certified sick leave due to a work injury, both parties should be aware that the Employment Ordinance imposes specific restrictions on termination during this period. Employers and helpers with questions about their respective rights and obligations are encouraged to contact the Labour Department for guidance before taking any steps.

Important Notes

• Employers who fail to report an injury within the legal deadline may face penalties
• A helper cannot waive their right to employees' compensation — any such agreement is void
• The Labour Department has an advisory service; employers with questions can contact them directly
• Employees' Compensation Insurance is a mandatory employer cost — see total costs of hiring a helper for a full breakdown
• For the general termination process and obligations, see how to terminate a helper's contract
• Maternity leave entitlements are separate from work injury provisions and apply regardless of injury status

Related Resources

• Labour Department — Employees' Compensation
• Labour Department — Domestic Helper FAQ

---