Court clarifies worker's rights after confusion in identifying the correct employer
A Hong Kong court recently dealt with a case involving a worker who sought to join an additional company as a respondent in her workplace injury compensation claim more than a year after the statutory deadline, raising important questions about reasonable excuses for late applications in employees’ compensation cases.
The worker argued that she had reasonable excuse for the delay in adding the company to her claim, maintaining that conflicting information from the defendants’ lawyers and denial of the company’s involvement had prevented her from identifying the correct employer until crucial evidence emerged. She claimed the company was actually the principal contractor responsible for her workplace safety.
The employer opposed the application, arguing that the worker had failed to provide reasonable excuse for the significant delay in making the application. The company maintained that it should not be joined to proceedings where the worker had been sleeping on her rights for more than a year after learning of the company’s existence.
The worker was injured in an accident on 12 February 2022 at an industrial site when “her left hand was caught and dragged into a machine in operation,” resulting in “serious left forearm injuries resulting in multiple fractures and near amputation of the left distal forearm.” The initial compensation...
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