Claim case sharing
Does employees' compensation cover injury sustained on the way to business trip?
Mr. Wong is the merchandising manager of a garment trading company. When he was walking from his home to the MTR station to catch his flight to Milan for a business trip, he fell and broke his leg.
Is Mr. Wong covered by the employees' compensation?
According to the Employees’ Compensation Ordinance (ECO) Chapter 282 Section 5(4) (g):
"an accident to an employee shall be deemed to arise out of and in the course of his employment if it happens to the employee while he is, with the express or implied permission of his employer, travelling by any means of transport for the purposes of and in connection with his employment between Hong Kong and any place outside Hong Kong or between any place outside Hong Kong and any other such place."
As Mr. Wong sustained his injury while he was on the way to catch his transportation for a business trip, he was not travelling by any means of transport at the material time of accident. Therefore, in Mr. Wong's case, according to the ECO, such accident shall not be deemed to arise out of and in the course of employment and Mr. Wong's injury did not fall within the ambit of the ECO.
Employees' compensation covers only employer's liability at law to pay compensation to the injured employee, but not all accidents fall within the coverage of ECO. Therefore, as a responsible company, you can take out group medical or personal accident insurance as one of the employees' benefits.