A ladder fall left a worker permanently injured, but his compensation claim hit a major obstacle

A District Court in Hong Kong recently dealt with a personal injury case involving a worker who suffered serious injuries after falling from a ladder while performing work duties in March 2020.

The worker argued he had lost his ability to earn at the same level as before the accident, claiming he worked an average of 26 days per month at $1,300 daily before the fall left him with permanent limitations.

He said he could no longer perform his previous duties and had been forced to take significantly lower-paying work as a delivery driver.

The case raised questions about how courts assess workplace injury damages when workers lack complete documentation of their earnings, particularly for those employed on a casual basis.

What happened in the workplace accident

On 14 March 2020, the worker, then 45 years old, was standing on a ladder using a hand grinder to cut a metal canopy when a piece of iron fell and struck the ladder. He lost his balance, fell, and landed on both heels.

He could not stand independently and was taken by ambulance to Queen Mary Hospital, where X-rays revealed fractures to both heel bones.

The employer, who operated a sole proprietorship trading as an engineering company, did not file a notice of intention to defend. Judgement on liability was entered against the employer on 9 August 2023, leaving only damages to be assessed.

By February 2024, the court deemed...

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