Hong Kong Ordinances

EMPLOYEES' COMPENSATION ORDINANCE - SECT 10A

Payment of medical expenses

(1) Subject to this Ordinance, if, in any employment, personal injury is
caused to an employee by accident occurring on or after the date on which this
section comes into operation and arising out of and in the course of his
employment his employer shall be liable to pay the medical  expenses for the
medical treatment in respect of such injury. (Amended 76 of 1982 s. 8)

(1A) Medical expenses which an employer is liable to pay under subsection

(1) shall, unless otherwise provided by agreement in writing entered into by
the employer with the employee, not include those in respect of medical 
treatment given outside Hong Kong in relation to an accident occurring in Hong
Kong. (Added 1 of 1995 s. 6)

(2) Medical expenses which an employer is liable to pay under subsection (1)
shall be payable in addition to any other compensation which the employer is
liable to pay under this Ordinance. (Replaced 76 of 1982 s. 8)

(3) Medical expenses which the employer is liable to pay under subsection (1)
shall be payable in accordance with the Third Schedule in respect of the
period during which the employee receives medical treatment until the
attending medical practitioner or registered dentist certifies that in his
opinion no further treatment is required. (Replaced 76 of 1982 s. 8)

(4) An employer shall not be liable to pay medical expenses under subsection
(1)-

   (a)  if the employer has provided adequate free medical treatment to the
        employee; or

   (b)  if, by a written undertaking, the employer has agreed to provide
        adequate free medical treatment and the employee fails, without
        reasonable excuse, to submit himself for such medical treatment.

(5) Where an employer proposes to provide free medical treatment to an
employee for personal injury caused to the employee by accident arising out of
and in the course of his employment he shall give to the employee a written
undertaking to provide free medical treatment or to pay the medical expenses
for the medical treatment and shall not recover any part of the cost of the
medical expenses from the employee.

(6) Where an employee has paid for any medical treatment received by him he
shall be entitled to recover the medical expenses which his employer is liable
to pay under subsection (1) from his employer by serving on the employer a
request in writing for the payment of the medical expenses together with a
receipt for the payment for the medical  treatment.

(7) If an employer does not pay an employee the medical expenses he is liable
to pay under subsection (1) within 21 days after the date of receipt of a
request for payment under subsection (6) or, where an application is made to
the Commissioner under section 10B for the determination of a dispute, within
21 days after the date of determination of the dispute, the medical expenses
may be recovered by the employee from the employer-

   (a)  as a civil debt in the Small Claims Tribunal established under the
        Small Claims Tribunal Ordinance ( Cap 338); or

   (b)  where the amount claimed exceeds the jurisdiction of the Small Claims
        Tribunal, as a civil debt in the District Court.

(8) A claim for medical expenses in the District Court may be brought either
independently of or in conjunction with any other claim for compensation which
is, under this Ordinance, to be brought in the District Court.

(9) (Repealed 76 of 1982 s. 8) (Added 74 of 1977 s. 3. Amended 44 of 1980 s.
15)