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| Q : |
If
someone was injured in a traffic accident whilst he/she was in the
course of employment, is he/she entitled to receive compensation from
both Employees' Compensation from his/her employer and the Motor vehicle
third party Insurance? |
| A : |
According
to the Common Law, the victim should be entitled to receive an amount
of compensation calculated in accordance with his/her total damages.
Of course it is his/her own choice to claim from the Employees' Compensation
Insurance or the Motor Third Party Insurance. For example, he/she
can claim for employees' compensation first and than sue the driver
for negligence. The amount received from the employees' compensation
would be deducted in calculating the payment from the driver. The
employer is also entitled to claim for the employees' compensation
paid from the driver. Thus the total amount of compensation to the
victim is the same. Nevertheless, the victim can also claim for damages
from the driver first. However, court proceedings are quit time-consuming
and it may take more time to get the compensation. |
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| Q : |
A household employed a
part-time amah to perform household cleaning for 3 hours weekly. Is
it necessary to arrange an Employees' Compensation policy for this
amah? |
| A : |
According
to the law, employers have to provide a valid employees' compensation
insurance to cover his/her employees no matter the time of work involved.
The only possible means to avoid such liability is to hire the amah
from a domestic helper provider which has the coverage for their amah
already. |