Claim case sharing
New amendments under ECO in recognising Chinese Medicine Certification
With the increasing popularity of Chinese medicine consultations, employees may choose to consult Chinese Medicine Practitioners when they are injured.
Mr. Chan hurt his back when moving heavy files from the top shelf of the cabinet in his office on 5 September 2008. He consulted a registered Chinese Medicine Practitioner and was given 2 weeks sick leave.
Can Mr. Chan successfully claim under the Employees' Compensation Ordinance (ECO)?
With the amendments to the Employees' Compensation Ordinance (ECO) Cap.282* made under the Certification for Employee Benefits (Chinese Medicine) (Miscellaneous Amendments) Ordinance 2006 ("the Amendment Ordinance") which became effective 1 September 2008, if an employee is injured on or after 1 September 2008 as a result of an accident arising out of and in the course of his employment and seeks treatment from a registered Chinese Medicine Practitioner, he/she is eligible for periodical payments (sick leave payment) for his/her period of absence from duty by the employer if the attending registered Chinese Medicine Practitioner grants the employee a sick leave certificate, proving that he/she is temporarily incapable of work for a certain period.
As Mr. Chan was injured on 5 September 2008, i.e. the date of accident was later than the effective date of "the Amendment Ordinance", Mr. Chan can claim successfully for compensation in relation to his work-related injury.
If employees would like to consult Chinese Medicine Practitioners due to injury at work, it is suggested that they should check if the Chinese Medicine Practitioners they wish to consult are registered according to the "Chinese Medicine Ordinance Cap. 549" to avoid failing to fulfil the requirements of the corresponding ordinances.
*According to Section 2 of Chinese Medicine Ordinance Chapter 549, "Registered Chinese Medicine Practitioner" means "a person whose name appears on the Register and who is registered under section 69 or 85."