Home Work Injury Risks Explained

Home Renovation and Work Injury Liability

Buying a home and renovating it is a major event for Hong Kong people, and many hire craftsmen to come to their homes for electrical and plumbing work, painting, and tiling. The question is, if a craftsman falls, cuts themselves, or even has a serious accident while working in your home, where does the responsibility lie?

Generally, if the craftsman is dispatched by a renovation company, the responsibility falls on the company because employers are obligated to purchase labor insurance for their employees. However, if you privately hire a friend or even an "illegal worker," there might be unclear liability issues. As a homeowner, if you are pursued for compensation, you could face certain risks.

This leads to an important concept: Work Injury Compensation Calculation Methods. It turns out that Hong Kong labor laws have clear regulations; after an accident occurs, the injured party can calculate the compensation amount based on their wage level and the nature of the injury. To learn more, you can read this article: Work Injury Compensation Calculation Methods.

Work Injury Risks When Working from Home (WFH)

After the pandemic, many companies in Hong Kong have implemented flexible work arrangements, even allowing long-term WFH. But will there be work injury protection when working from home?

According to Hong Kong laws, as long as the accident is "arising out of and in the course of employment", regardless of whether it's at the office or at home, it theoretically falls under the scope of work injury. For example:

• Prolonged use of a computer causing shoulder and neck strain
• Tripping and getting injured while going to the kitchen to retrieve documents
• Injuring the lower back from lifting heavy equipment for meetings

These could potentially be considered work injuries. Of course, the final determination depends on the actual circumstances and evidence.

How is Work Injury Sick Leave Calculated?

Many injured employees worry: if they get injured at work and need to take leave to recover, will they lose their salary? In fact, Hong Kong laws provide clear protections. Employees are entitled to "work injury sick leave," and it is paid.

The number of days for work injury sick leave is determined by a doctor's certificate, during which the employer must pay 80% of the employee's daily wage as compensation. For detailed regulations, you can refer to this article: Work Injury Sick Leave.

Differences Between Work Injury and Insurance

Many people think that having personal accident insurance is sufficient, but in reality, work injury compensation is a legal responsibility, not just up to the insurance company's discretion. Simply put:

• Work injury compensation: Borne by the employer, protected by law.
• Personal accident insurance: Provides additional coverage, helping to share medical or income loss costs.

Therefore, even with insurance, work injury compensation is still a necessary part to handle.

Actual Case Sharing

For example, a housewife who usually does part-time cleaning work unfortunately fell and got injured while helping a client with household chores. Initially, she thought it was her own carelessness and was afraid to pursue a claim. Later, after a lawyer explained, she realized that the employer was actually responsible, and eventually successfully obtained work injury compensation and sick leave compensation.

These examples remind everyone: do not underestimate any household accident, as it may involve work injury liability.

How to Protect Yourself?

• From the Employer's Perspective: If you hire workers or renovation contractors, make sure they have labor insurance to avoid taking on the risk yourself.
• From the Employee's Perspective: In case of a work injury, remember to see a doctor immediately, keep evidence, and understand your rights regarding work injuries.
• From the Homeowner's Perspective: When renovating, it's best to hire a reputable company; don't opt for cheap, illegal labor, as you could be held liable if something goes wrong.

Conclusion

Home life, renovation, and WFH are all closely related to work injury protection. Many times, people think work injuries only happen on construction sites, but in reality, any accident related to work could involve work injury compensation and sick leave. Understanding the legal regulations is very important for protecting yourself and your family.