Work Injury Compensation Hong Kong 2027: Amounts & How to Claim

If you are injured at work in Hong Kong, the Employees' Compensation Ordinance makes your employer liable whether or not anyone was at fault. While you are on certified sick leave you get periodical payments of four-fifths of the difference between your normal monthly earnings and what you earn during the leave, for up to 24 months, and your employer must pay medical expenses up to HK$300 a day as an in-patient or HK$500 a day as an out-patient (raised on 1 January 2026). For permanent total incapacity, compensation is 96, 72 or 48 months' earnings depending on your age, with earnings capped at HK$38,670 a month and a minimum of HK$584,220. Employers must report injuries to the Labour Department within 14 days and must carry compulsory insurance.

This guide covers who is covered, what counts as a work injury (including commuting, typhoons and working from home), how much you can get, the claim steps, time limits and what happens if your employer has no insurance. For ordinary illness that is not work-related, see our sick leave guide.

What Is Employees' Compensation in Hong Kong?

Employees' compensation is a no-fault scheme. Under the Employees' Compensation Ordinance (ECO), your employer must compensate you for personal injury by accident "arising out of and in the course of employment", or for a prescribed occupational disease. You don't need to prove the employer was negligent, and the employer can't refuse because the accident was partly your fault.

According to the Labour Department's Concise Guide to the ECO (April 2026 edition), it covers full-time and part-time employees on a contract of service or apprenticeship. That includes foreign professionals on work visas and foreign domestic helpers.

It does not cover casual workers who are not employed for the employer's trade or business, outworkers, or family members living with the employer (unless an insurance policy covers them), and it does not cover genuinely self-employed contractors.

If you're looking for an English-speaking job in Hong Kong, check out ExpatJobBoard.com. We list thousands of jobs that don't require Cantonese or Mandarin.

What Counts as a Work Injury?

The test is whether the accident arose out of and in the course of your employment. The Labour Department's guide sets out several situations that people often ask about.

Source: Labour Department, A Concise Guide to the Employees' Compensation Ordinance (April 2026).

Are you covered working from home?

There is no specific rule. Neither the ordinance nor the Labour Department's guide deals with home working directly, so the general test applies: were you doing something your job required, at a time you were expected to be working? Law firm Mayer Brown noted in 2020 that there was no reported Hong Kong case on it and that courts would likely look at cases from Australia, where claims succeed if the activity was expected or encouraged by the employer.

If you work hybrid, tell your employer about any home working injury straight away and keep a record of what you were doing.

Typhoons and rainstorms

This one matters in Hong Kong. If you travel to or from work by a direct route within four hours before or after your working hours while Typhoon Signal No. 8 or higher, or a Red or Black Rainstorm Warning, is in force, an accident on the way is covered. Our working hours guide covers the rules on whether you have to go in at all.

How Much Work Injury Compensation Can You Get?

There are four main types of compensation. The amounts below are from the Labour Department's April 2026 guide and apply to accidents on or after 17 April 2025, when the levels were last raised.

1. Periodical payments during sick leave

While you are on certified sick leave because of the injury, you get four-fifths (80%) of the difference between your monthly earnings at the time of the accident and what you earn during the incapacity. They are paid on your normal pay days, for up to 24 months, and the court can extend this by up to 12 more months.

Example: if you earn HK$30,000 a month and are on full sick leave with no pay, you get HK$24,000 a month.

The sick leave must be certified by a registered medical practitioner, registered Chinese medicine practitioner, registered dentist or the Employees' Compensation Assessment Board. Don't work for another employer during that leave without your employer's consent.

2. Medical expenses

Your employer pays your medical expenses up to daily limits, which rose on 1 January 2026 according to the government:

Source: Government press release, 3 October 2025; Labour Department ECO Concise Guide (April 2026).

Your employer must pay within 21 days of your written request with receipts. Prostheses and surgical appliances are covered separately, up to HK$47,310 for fitting and HK$143,320 for repairs and renewal over 10 years.

3. Permanent incapacity

If the injury leaves you with a permanent loss of earning capacity, you get a lump sum. For permanent total incapacity it is a multiple of your monthly earnings, by age at the time of the accident:

Source: Labour Department, Concise Guide to the ECO (April 2026); levels effective 17 April 2025.

For partial permanent incapacity, the amount is the total incapacity figure multiplied by the percentage loss of earning capacity, which the Employees' Compensation Assessment Board decides. If you need someone to look after you, constant attendance compensation of up to HK$700,390 is also available.

The earnings cap

The HK$38,670 cap matters for professionals. If you earn HK$80,000 a month, a permanent incapacity or death award is still worked out on HK$38,670. If you earn well above the cap, a common law claim may be worth looking at (see below).

4. Death

If an employee dies from a work injury, the family receives the death compensation in the table above, plus funeral and medical attendance expenses of up to HK$98,950.

How to Claim Work Injury Compensation: Step by Step

1. Get treatment and a sick leave certificate. Keep every receipt.
2. Tell your employer as soon as possible, in writing if you can. Include the date, time, place and what happened.
3. Your employer reports it. The employer must report the injury to the Labour Commissioner within 14 days: on Form 2B for injuries with three days' incapacity or less, Form 2 for more than three days, or Form 2A for an occupational disease. Deaths must be reported within seven days. Late reporting can mean a fine of up to HK$50,000.
4. Keep receiving your pay on pay days. Periodical payments should arrive on your normal pay day.
5. Assessment. For longer absences or permanent injury, the Employees' Compensation Assessment Board assesses your loss of earning capacity. Attend any medical examination within 15 days of being asked.
6. Settlement. The Labour Department issues a certificate of compensation assessment (Form 5) setting out what you are owed. You have 14 days to object if you disagree.
7. Payment. If the employer doesn't pay within 21 days of the certificate, it owes a surcharge of HK$830 or 5% of the unpaid amount, whichever is greater, and a further HK$1,670 or 10% after another three months.

The Labour Department's Employees' Compensation publications page has the forms, a five-step guide and a leaflet for injured employees.

Time Limits for Work Injury Claims

Source: Labour Department, Concise Guide to the ECO (April 2026).

What If Your Employer Has No Insurance?

Employers must hold employees' compensation insurance for every employee. The minimum cover is HK$100 million per event for employers with 200 or fewer staff and HK$200 million for larger employers. An employer without insurance faces a fine of up to HK$100,000 and two years in prison, and an employer that deducts the premium from your wages faces a fine of HK$10,000 and six months. You can ask to see the policy, and it must be produced within 10 days of a written request.

If your employer is uninsured and can't pay, apply to the Employees Compensation Assistance Fund (ECAF). It is a last resort that pays unpaid ECO compensation and common law damages. Relief up to HK$1.5 million is paid as a lump sum; above that, HK$1.5 million first and then monthly payments. If you start court proceedings, you must serve notice on the Fund's board within 30 days of filing or you lose eligibility.

Can You Also Sue Your Employer?

Yes. Employees' compensation does not stop you from bringing a separate common law claim for negligence, for example if unsafe equipment or a missing safety measure caused the injury. Common law damages can be much higher for well-paid employees, because they are not limited by the HK$38,670 earnings cap, but you must prove fault and any ECO compensation is deducted. Talk to a personal injury lawyer early, because the evidence is easiest to gather straight after the accident.

If your employer is disputing your employment rights more widely, our Labour Tribunal guide explains how employment claims are heard.

Can You Be Dismissed While on Work Injury Leave?

The Employment Ordinance restricts dismissal in several situations linked to injury and sick leave, so a dismissal during work injury leave is worth challenging. If you think you have been dismissed because of a work injury, contact the Labour Department and read our guide to termination rights in Hong Kong.

FAQs: Work Injury Compensation in Hong Kong

How much compensation do I get for a work injury in Hong Kong?

During sick leave you get four-fifths of your lost earnings plus medical expenses up to daily limits. For permanent total incapacity you get 48 to 96 months' earnings depending on age, with earnings capped at HK$38,670 a month and a minimum of HK$584,220.

Am I paid during work injury sick leave?

Yes. Your employer pays periodical payments of four-fifths of the difference between your normal earnings and what you earn during the leave, on your usual pay days, for up to 24 months.

Is an injury on my commute covered?

Not on an ordinary commute by public transport. It is covered if your employer arranged or provided the transport, or if you travel within four hours of work during a Typhoon Signal No. 8 or Red or Black Rainstorm.

Am I covered if I'm injured working from home?

There is no specific rule. The general test applies, so it depends on whether you were doing something your job required at a time you were expected to work.

What if my employer has no employees' compensation insurance?

That is a criminal offence. You can still claim, and if the employer can't pay, the Employees Compensation Assistance Fund is a last resort.

How long do I have to claim?

Notify your employer as soon as possible. Court applications must be made within 24 months of the accident.

What is the daily limit for medical expenses?

From 1 January 2026, HK$300 a day for in-patient treatment, HK$500 for out-patient treatment, and HK$700 if you have both on the same day.

Who files Form 2?

Your employer. It must report the injury to the Labour Commissioner within 14 days on Form 2, 2A or 2B depending on the case.

Can a Chinese medicine practitioner give me sick leave?

Yes. Sick leave certified by a registered Chinese medicine practitioner counts for employees' compensation.

Am I covered on a business trip abroad?

Yes, if you are employed in Hong Kong. Travel between Hong Kong and abroad on employer-approved transport also counts.

Are part-time workers and domestic helpers covered?

Yes. The ordinance covers full-time and part-time employees under a contract of service, including foreign domestic helpers.

Key Takeaways

• Employees' compensation in Hong Kong is no-fault and covers full-time and part-time employees on any visa.
• Sick leave periodical payments are four-fifths of lost earnings, for up to 24 months.
• Medical expense limits rose on 1 January 2026 to HK$500 a day out-patient and HK$700 for both on the same day.
• Permanent total incapacity pays 48 to 96 months' earnings, with earnings capped at HK$38,670 and a minimum of HK$584,220.
• Ordinary commuting is not covered, but travel during a Typhoon No. 8 or Black Rainstorm is.
• Employers must report injuries within 14 days and carry insurance of at least HK$100 million per event.
• Court applications must be made within 24 months of the accident.

Find a Safer Workplace

If your current employer doesn't take safety seriously, it may be time for a change. Browse English-speaking roles on ExpatJobBoard.com and find an employer that does.