Employment Disputes
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2. Under what circumstances is the employer NOT liable to pay compensation for work injuries?

Employers are NOT liable to pay compensation in the following circumstances:

  1. the injury neither results in permanent incapacity nor incapacitates the employee from earning full wages at normal work;
  2. the injury is self-inflicted;
  3. the death or incapacity results from the injury (including all occupational diseases which are specified in the ECO) that the employee has falsely claimed to be free of to the employer; or
  4. the injury is caused by an accident that is directly attributable to the employee's addiction to drugs or alcohol and does not result in death or serious and permanent incapacity.

In addition, in any proceedings under the Employees' Compensation Ordinance in which it is proved that the injury is attributable to the serious and wilful misconduct of the employee, or that an injury by accident arising out of and in the course of employment is deliberately aggravated by the employee, any compensation claimed will be disallowed. The exception is that when the injury results in death or serious incapacity, on consideration of all of the circumstances the Court may award the compensation provided by the Ordinance or such part thereof as it thinks fit.

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