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In accordance with the Employees’ Compensation Ordinance, if an employee sustains an injury or dies as a result of an accident arising out of and in the course of his/her employment, the employer is in general liable to pay compensation under this Ordinance.
Compensation for Death
If an injured employee dies as a result of a work injury, the employer shall be liable to pay compensation to his/her surviving members of the family –
1. Compensation for Death
| Age of deceased employee | Amount of compensation |
|---|---|
| Under 40 | 84 months’ earnings [Note 1] or minimum compensation [Note 2], whichever is higher |
| 40 to under 56 | 60 months’ earnings [Note 1] or minimum compensation [Note 2] , whichever is higher |
| 56 or above | 36 months’ earnings [Note 1] or minimum compensation [Note 2] , whichever is higher |
[Note 1] The monthly earnings used for calculating compensation are subject to a maximum limit.
- For work injuries caused by accidents happening on or after 17 April 2025, the maximum monthly earning is $38,670.
- For work injuries caused by accidents happening between 13 April 2023 and 16 April 2025, the maximum amount is $36,550.
[Note 2] There is a minimum compensation for death.
- For work injuries caused by accidents happening on or after 17 April 2025, the minimum compensation is $514,510.
- For work injuries caused by accidents happening between 13 April 2023 and 16 April 2025, the minimum compensation is $486,300.
The “monthly earnings” is to be taken as -
- the earnings for the month immediately preceding the date of the accident; or
- the average monthly earnings for the previous 12 months of employment (or any shorter period if the employee has not been so long employed);
2. Funeral and Attendance Expenses
The employer is liable to reimburse funeral and medical attendance expenses.
- If the accident causing the work injury happens on or after 17 April 2025, the maximum reimbursement amount for such expenses is $98,950.
- If the accident causing the work injury happens between 13 April 2023 and 16 April 2025, the maximum reimbursement amount is $94,690.
For further details of the Ordinance, please refer to the “ A Concise Guide to the Employees' Compensation Ordinance (PDF)” issued by the Labour Department or the Employees’ Compensation Ordinance.
This is not a legal document. The Ordinance remains the sole authority for the provisions of the law explained.