(Hong Kong, February 26, 2009) After his case was exposed it has been learned that claims for payment of accident compensation are possible.
When Tibio Melvin Delos Reyes, a 20-year-old Filipino worker, and his mother, Cheung Babelyn, were first interviewed after seeking assistance from the Asian Human Rights Commission (AHRC), they had no idea as to what they should be doing. They were not given any advice or assistance by Melvins company, The Cavern, on the process of making their claims.
Sadly it was revealed in the video interview that they were clueless as to what they should be doing even though Fr. Robert Reyes, a staff member of the AHRC, had already emphasized that Melvin has the right to complain and to demand compensation for his injury.
Although Melvin’s employer did report the accident to the Labour Department here in Hong Kong, Melvin was not properly informed as to how he or his mother could get involved in the process. They were also refused copies of the documents which the company submitted to the Labour Department.
It was not only until February 20, when Melvin and his mother sought legal advice from a local organization providing assistance to industrial accident victims, the Association for the Rights of Industrial Accident Victims, that they became aware of this process. The AHRC had been assisting them with their inquiries.
While his employer made some payment to Melvin, it was actually part of his salary which he could have expected to receive as a matter of course. It did not in any way constitute compensation.
Under the Employees’ Compensation Ordinance in Hong Kong, an employee could claim 80 percent of his salary while he/she is on sick leave. However, since Melvin was not aware of this policy. In the meantime he is refusing his employers demands to return to work despite his health condition.
Had the AHRC not informed Melvin that he could request the issuance of another medical certificate from his doctor, who would allow him to extend the duration of his sick leave he would have been forced to return to work by then.
After he obtained another medical certificate, Melvin had been able apply to extend his sick leave until March 20. It is expected that it will take this amount of time to recover from the horrendous burns he received in the accident When this interview was made, Melvin was concerned of losing his job should he defy his managers order that he return to work.
Also, the ordinance provides that he could seek for another extension of his sick leave until his health condition requires — a policy which most of the workers, particularly migrant workers, are not aware of here.
Once an injured worker fully recovers, he/she too could claim payment for insurance compensation for the loss of income, on top of the payment of part of his regular salary. This will be made following an assessment by a physician.
The interview can be viewed on YouTube at: http://www.youtube.com/watch?v=sdpBO8tl7V4
