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HK court awards over HK$400,000 for preventable workplace injury - HRD America

Employer failed to provide 'safe system of work,' argues worker

24 Apr 2025

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A Hong Kong district court recently dealt with a personal injury case involving a worker who sustained back injuries while performing a heavy lifting task.

The worker claimed that his employer failed to provide a safe system of work, proper equipment, adequate training, and sufficient assistance for the hazardous manual handling.

The worker argued that he had been instructed to perform the task despite expressing concerns about the weight involved. When he asked about mechanical lifting equipment, he was told it had been ordered but wasn't available yet. Instead, he had to rely on makeshift assistance from non-employees who happened to be nearby.

The employers denied liability, suggesting the worker didn't promptly report his injury and had received adequate training for the task. They also claimed he should have been able to assess whether his physical strength was sufficient for the job, effectively placing responsibility on him for any injuries sustained.

Safety issues caused workplace injury

The incident occurred on 14 July 2020 at a construction site at Renaissance College in Ma On Shan. The worker was originally employed as a driver earning about HK$24,000 monthly but had been temporarily reassigned as a general labourer due to staff shortages in the month before the accident.

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