5. My husband died of an accident that happened during his work.
What compensation is payable to me or my family members?
   
If an employee dies as a result of an accident (or an occupational disease
specified in the ECO) arising out of and in the course of employment, then
the employer is liable to pay compensation for death to the surviving members
of the family. Compensation for death is calculated with reference to the
age and monthly earnings of the deceased employee as
follows ( section 6 of the Employees' Compensation Ordinance ) .
Age of deceased employee |
Amount of compensation |
Under 40 |
84 months' earnings* or $303,000, whichever is higher |
40 to under 56 |
60 months' earnings* or $303,000, whichever is higher |
56 or above |
36 months' earnings* or $303,000, whichever is higher |
* Monthly earnings are subject to a maximum of $21,000 for calculating
compensation in fatal cases.
The compensation shall be apportioned among the eligible members of the family
of the deceased employee. In addition, the employer is liable to reimburse funeral and medical attendance expenses to the person who has paid such expenses,
up to a maximum of $35,000.
The above compensation amount is only applicable to accidents that happened on
or after 1 August 2000. Claims arising from accidents that happened before
1 August 2000 must be adjudicated by the Court.
For more details on the calculation of all relevant compensations, please contact
the Employees' Compensation Division of the Labour Department (telephone hotline: 27171771;
e-mail: enquiry@labour.gov.hk).
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