Hong Kong Ordinances

EMPLOYEES' COMPENSATION ORDINANCE - SECT 14

Requirements as to notice of accident and application for compensation

(Past version on 30/06/1997).

(1) Except where otherwise provided by this Ordinance, proceedings for the
recovery under this Ordinance of compensation for an injury shall not be
maintainable unless notice of the accident has been given to the employer by
or on behalf of the employee, in the manner hereinafter provided, as soon as
practicable after the happening thereof and before the employee has
voluntarily left the employment in which he was injured, and unless the
application for compensation with respect to such accident

(being an application to the Court by an employee under section 18A(2)) has
been made within 24 months from the occurrence of the accident causing the
injury or, in the case of death, within 24 months from the date of death or
prior to a determination made by the Commissioner under section  6B (1)(a),
whichever is the earlier: (Amended 55 of 1969 s. 13; 4 of 1978 s. 4; 76 of
1982 s. 12; 52 of 2000 s. 9) Provided that the want of, or any defect or
irregularity in, a notice shall not be a bar to the maintenance of
proceedings-

   (a)  if the application is made in respect of the death of an employee
        resulting from an accident which occurred on the premises of the
        employer, or at any place where the employee at the time of the
        accident was working under the control of the employer or of any
        person employed by him, and the employee died on such premises or at
        such place, or on any premises belonging to the employer, or died
        without having left the vicinity of the premises or place where the
        accident occurred; or

   (b)  if the employer is proved to have had knowledge of the accident from
        any other source at or about the time of the accident, or if it is
        found in the proceedings for settling that claim that the employer is
        not prejudiced or would not, if a notice or an amended notice were
        then given and the hearing postponed, be prejudiced in his defence by
        the want, defect or irregularity, or that such want, defect or
        irregularity was occasioned by mistake, absence from Hong Kong, or
        other reasonable cause. (Amended 76 of 1982 ss. 12 & 37)

(2) A notice under this section may be given either in writing or orally to
the employer (or, if there is more than one employer, to one of such
employers), or to any foreman or other official under whose supervision the
employee is employed, or to any person designated for the purpose by the
employer, and shall specify the name and address of the person injured, and
shall state in ordinary language the cause of the injury and the date on which
and the place at which the accident occurred.

(3) Where section 24 applies, notice of an accident to an employee employed by
a sub-contractor given in accordance with this section to the sub-contractor,
or to any foreman or other official under whose supervision the employee is
employed, or to any person designated for the purpose by the sub-contractor,
shall be deemed to be notice to the principal contractor. (Replaced 76 of 1982
s. 12)

(4) The Court may receive and determine any application for compensation in
any case notwithstanding that the notice required by subsection (1) has not
been given, or that the application has not been made in due time as required
by that subsection, if it is satisfied that there was reasonable excuse for
the failure so to give notice or to make an application, as the case may be.
(Amended 44 of 1980 s. 15)