Law on Employees’ Compensation (Part II): Damages and Compensation Awards in PI Claims

Highlights of the course include:

Principle of compensation in Employee compensation under ECO:

• Calculation under Employee Compensation Ordinance (ECO)
  • Total incapacity / death
  • Partial incapacity
  • Periodical payment
  • Medical expenses /prosthesis
  • Constant care and attention
• The Paper Mill Formula
  • When can it be appropriately invoked?
  • Calculation mechanism under the paper mill formula

Principle of award of common law damages:

• In fatal injury cases
  • Dependency claims – the Harrison formula
  • Loss of accumulation of wealth – how to deduce the rough and ready sum?
  • Pain , suffering and loss of amenities in fatal claims
  • Loss of society
  • Bereavement
  • Funeral expenses
• In non –fatal injury cases
  • Pain , suffering and loss of amenities (PSLA)
  • Updated Case study in respect of various different kind of injuries:
  • Orthopaedic injuries – Head, face, eye, neck ,shoulder, back , arms, wrist, hands, fingers , pelvic, legs, ankles, foot, toes, etc
  • Neurological injuries – brain, eye ,nerves, pain disorder
  • Psychiatric /psychological impairment – Post traumatic stress disorder, psychotic symptoms, post concussion syndromes, depressive disorder ,adjustment disorder, anxiety symptoms, etc
  • Special damages
    • Loss of earning – special consideration in search of multiplicand
      • updated way of ascertaining multiplier
        • Loss of earning capacity – usual judicial consideration
        • Loss of congenial employment
        • Costs of care –domestic assistance
        • Loss of Parental care
        • Loss of society
        • Medical expenses – is Chinese medical evidence admissible and Chinese medical expenses claimable?
        • Miscellaneous claims : Tonic food, travelling , accommodation , moving expenses , etc
        • Possible multi-million claims in “disaster” injuries
• Examination of important legal principles in respect of :
  • Causation – was the accident causative of the injuries?
  • Remoteness of damages – what was the reasonable repercussion of the injuries?
  • Discount for pre-existing condition Vs. Thin skull rule