Government asked if it will introduce compensation obligations on work overexertion
The Hong Kong government has underscored that "overexertion at work" is not a medical diagnosis amid calls to draw up compensation obligations for employers when an employee is injured or dies under this situation.
Labour and Welfare Secretary Chris Sun was responding to an inquiry last week about whether the government would provide a definition for overexertion at work and related compensation obligations regarding it.
"'Overexertion at work' is not a medical diagnosis," Sun said in a written reply in the Legislative Council.
"According to the information available to the LD, the International Labour Organization has not drawn up any definition or guidelines on workplace deaths caused by 'overexertion at work,' and there is also a lack of internationally recognised criteria. Most countries or places do not have related definitions made in the context of employees' compensation."
In Hong Kong, employees who are suspected of dying suddenly due to overexertion at work are often classified as "fatalities at work not caused by accidents or occupational diseases."
Sun said the number of fatalities at work reported to the Labour Department over the past 10 years that were not caused by work accidents or occupational diseases ranged from 98 to 192.
The vast majority of these fatalities are workers who died of cardiovascular and cerebrovascular diseases during work, he added.
Compensation for overexertion
When it comes to compensation, the secretary clarified that the employee or their family members may still claim compensation from the employer under Hong Kong's Employees' Compensation Ordinance (ECO).
"The existing Employees' Compensation Ordinance (ECO) of Hong Kong has stipulated that even if the disease suffered by an employee is not a specified occupational disease, the employee or his/her family members may still claim compensation from the employer in respect of the disease in accordance with the ECO if the disease is substantiated to be a personal injury or death by accident arising out of and in the course of employment," Sun said.
Employers in Hong Kong are mandated to ensure the safety and health at work of all their employees, such as providing safe systems in the workplace and rest breaks to restore physical and mental strength.
Officers of the Labour Department carry out inspections in accordance with the government's Occupational Safety and Health Ordinance to ensure compliance.
"If deficiencies are found during the inspections, corresponding enforcement actions will be taken according to the law, depending on the seriousness of the case and the evidence collected," Sun said.
