HK court deals with short-term worker who suffered workplace injuries
A District Court in Hong Kong recently dealt with an employees' compensation case involving a worker who suffered injuries after working for less than a week.
The case presented challenges for determining appropriate compensation when employment history was extremely limited, raising fundamental questions about how courts should calculate earnings for very short-term employees.
The worker argued he would have been required to work every day without rest days, claiming his employer's staff had told him they wanted him to work daily.
He maintained that despite working only days before his accident, there was sufficient evidence to establish his potential monthly earnings based on his brief employment period.
The worker also sought compensation for extended sick leave periods, arguing his injuries had caused chronic pain and weakness that significantly impacted his daily life.
The 44-year-old worker had started employment as a metal recycling worker on 29 January 2020 at a warehouse in Yuen Long.
There was no written contract of employment, but the employer's legal filings confirmed the employment relationship was not disputed.
Just five days into his employment, on 3 February 2020, the worker was instructed by a foreman to climb a wooden ladder to clear metal scrap from inside a processing machine.
The accident occurred when the machine was suddenly turned on...
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