Typhoon Work Injury Claims in Hong Kong
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Work Injuries During Typhoon Signal No. 8 Are Also Protected Under the Employees' Compensation Ordinance
Under the Employees' Compensation Ordinance (Chapter 282), as long as the work injury is an accident that is "caused by employment", meaning it occurs during work or in work-related circumstances, regardless of whether it is sunny or during a Typhoon Signal No. 8, employees are entitled to apply for work injury compensation.
In other words, as long as you are working according to the employer's instructions or going out for work-related matters, even in severe weather conditions like during a typhoon signal, it still falls within the scope of work. For example:
- A security guard staying in a building during a typhoon signal and getting injured from being blown down by strong winds;
- A healthcare worker recalled to the hospital for duty and injured in a traffic accident on the way back to the hospital;
- A hotel employee slipping while assisting guests to evacuate during Typhoon Signal No. 8;
All of the above situations fall within the scope of work injuries.
If the Employer Requires Attendance, Responsibilities Become Clearer
If a company still requires employees to work during a No. 8 typhoon signal, the employer should provide safety guidelines, transportation arrangements, or compensation measures. For example, providing accommodation, transportation allowances, or ensuring a safe working environment. If an employee is injured while performing work duties, the employer has clear legal responsibilities and must report the work injury and pay compensation.
However, if an employee "voluntarily" goes out to work, the situation becomes more complex
Sometimes, if the company does not require going to work, but an employee goes out early or on their own to handle work, and an accident occurs on the way, it depends on the circumstances:
- If it can be proven to be work-related, such as going to the company to handle urgent work;
- And it is not purely personal behavior (like visiting friends or taking care of personal matters along the way), then it may still be considered an accident "related to work" and eligible for a work injury claim.
What to Do If a Work Injury Occurs During a Typhoon Signal No. 8?
If unfortunately injured during Typhoon Signal No. 8, it is recommended to immediately:
- Notify the employer — Report within thirty days;
- Seek medical attention as soon as possible, and keep all medical certificates;
- Request the employer to report to the Labour Department (Form 2);
- Preserve evidence, including scene photos, doctor's diagnosis, and witness information;
- If the employer refuses to report or delays, you can seek help from the Labour Department on your own.
Practical Case Reference
A property management staff member was required to remain on duty at the building during Typhoon Signal No. 8. While conducting an external wall inspection, they were injured by strong winds. With medical reports confirming it as a work-related accident, they successfully obtained workers' compensation. In such situations, typhoon warnings do not exempt employers from liability.
Conclusion: The No. 8 Typhoon Signal is Not an "Exemption Period"
The No. 8 Typhoon Signal represents severe weather, but it does not mean employers are exempt from liability. As long as the injury is work-related, it falls under the scope of work injury. Employees should not give up their right to claim work injury compensation due to weather factors. If there is a dispute, they should consult the Labour Department or a lawyer to ensure their rights are protected.
Want to know if you can claim compensation and approximately how much? You can get a free consultation through "Hong Kong Find Lawyer". We will help match you with a suitable labor compensation lawyer to answer your questions and assist you in safeguarding your rightful interests.
