Work Injury vs Sick Leave: Know Your Rights

For most working people in Hong Kong, a stable salary is the core pillar of family finances. Whether it's mortgage payments, rent, children's education expenses, or daily living costs, they all rely on a fixed monthly income. However, a sudden accident or illness is often enough to plunge the entire family into financial pressure. Many mistakenly believe that just buying medical insurance can provide peace of mind, overlooking the significant impact of 'income interruption' on life itself.

Differences Between Work Injury and Sick Leave

Under the current Employees' Compensation Ordinance, if an employee is injured during work or as a result of work, it is classified as a "work injury." Conversely, if an employee needs to rest due to common illnesses or non-work-related reasons, it falls under "sick leave." Although both situations result in temporary inability to work, there are significant differences in legal protection, compensation amounts, and procedures. If an employee is injured at work, the employer is responsible for paying work injury compensation according to the law; whereas for general sick leave, the employer must pay sick leave wages based on the statutory calculation formula.

To learn about the legal definition of work injury, the reporting process, and required documents, please refer to: Work Injury Guide.

Statutory Protection of Sick Leave Pay

Many employees have insufficient understanding of how sick leave pay is calculated. According to the Employment Ordinance, employees are entitled to paid sick leave after accumulating a certain number of consecutive employment days. The amount is generally four-fifths (4/5) of the normal daily wage, ensuring that employees can maintain basic living expenses during their recovery period.

The purpose of this arrangement is to balance the burden between employers and employees while safeguarding the basic living needs of workers. For further details on specific calculation methods and examples, please refer to: 4/5 Sick Leave Calculation.

How is the Amount of Work Injury Compensation Calculated?

Compared to sick leave pay, the amount of work injury compensation varies depending on the case, including the severity of the injury, the percentage of work capacity lost, and medical expenses. If an employee is temporarily unable to work due to a work-related injury, the employer must pay compensation throughout the treatment and recovery period; if it is a permanent disability, the compensation amount needs to be calculated based on the assessment ratio determined by the Labour Department.

To learn more about the detailed calculation methods and relevant laws, please refer to: Work Injury Compensation Calculation Methods.

Why is Income Protection So Important?

According to multiple surveys, over 60% of Hong Kong families face financial difficulties within three months after losing their primary source of income. This shows that even short-term sick leave or work injuries can have long-term effects on families. Therefore, employees should proactively understand their rights, keep medical certificates and work injury reports, and seek professional legal assistance when needed. Lawyers can help employees review their employer's responsibilities, calculate the compensation they are entitled to, and provide legal support in case of disputes.

Conclusion

Accidents and illnesses are often unpredictable, but the legal system is designed to provide necessary protection in times of hardship. Whether it's work injury compensation or sick leave pay, understanding and utilizing your statutory rights is an important step in safeguarding family stability and dignity. For every hardworking Hong Kong resident, this is not just legal knowledge but the foundation of a safety net for life.

========================================================

The content and images of this article are provided by columnist Hong Kong Find Lawyer Network.