Cap 282 s 10A Payment of medical expenses (EMPLOYEES' COMPENSATION ORDINANCE)

Contents of Section

Chapter:	282	Title:	EMPLOYEES' COMPENSATION ORDINANCE	Gazette Number:	L.N. 140 of 2008
Section:	10A	Heading:	Payment of medical expenses	Version Date:	01/09/2008

(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 registered medical practitioner, registered Chinese medicine practitioner or registered dentist certifies that in his opinion no further treatment is required. (Replaced 76 of 1982 s. 8. Amended 16 of 2006 s. 14)
(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 given in accordance with subsection (5), the employer has agreed to provide adequate free medical treatment and the employee fails, without reasonable excuse, to submit himself for such medical treatment. (Amended 16 of 2006 s. 14)

(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- (Amended 16 of 2006 s. 14)

(a) shall give to the employee a written undertaking to-

(i) provide free medical treatment; or

(ii) pay the medical expenses for the medical treatment;

(b) shall specify in such undertaking the description of the medical treatment; and

(5A) Subsection (4) does not relieve an employer of the liability to pay medical expenses in respect of medical treatment of any description received by an employee unless the free medical treatment provided or agreed to be provided by the employer covers medical treatment of the same description. (Added 16 of 2006 s. 14)
(5B) In subsections (5) and (5A), a reference to a description of medical treatment is a reference to any of the following-

(a) medical treatment given by, or under the supervision of, a registered medical practitioner;

(b) medical treatment given by, or under the supervision of, a registered Chinese medicine practitioner;

(d) physiotherapy given by, or under the supervision of, a registered physiotherapist or registered medical practitioner;

(e) occupational therapy given by, or under the supervision of, a registered occupational therapist or registered medical practitioner;

(f) medical treatment given by, or under the supervision of, a registered chiropractor. (Added 16 of 2006 s. 14)

(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)