tort_ppt_statcomp

tort_ppt_statcomp - LAWOFTORT StatutoryCompensation...

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LAW OF TORT Statutory Compensation for work-related Injuries and  Disease February 22, 2011
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Learning Outcomes 1. identify and explain the main provisions of the Employees’ Compensation Ordinance (ECO) 2. explain the s 5(1) qualifying conditions as interpreted in the case law 3. explain the limited role of employee's fault 4. explain and apply the method of calculation of compensation 5. apply the ECO principles to a previously unseen fact situation involving the death or injury of a worker, having regard to the leading case authorities.
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3 Employees’ Compensation  Ordinance A statutory system of payment for work-related injuries Intended to be speedy and cheap, avoid the costs and delays of tort litigation Ensures compensation is paid – all employers required by law to take out injury insurance for all workers
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4 - Non-tort (ie statutory): don’t  sue make a  claim  against employer - Modest but speedy awards  - “No-fault” – prove emp’t relationship - Compulsory insurance - s 40  - Q: can an ECO claimant sue in tort? - Q: is double recovery permitted?  - Q: Can anyone else be liable?  
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5 Conditions for entitlement 5(1) Subject to subsections (2) and (3), if in any employment, personal injury by accident arising out of and in the course of the employment is caused to an employee, his employer shall be liable to pay compensation in accordance with this Ordinance
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6 Conditions for entitlement 5(1) Subject to subsections (2) and (3), if in any employment, personal injury by accident arising out of AND in the course of the employment is caused to an employee , his employer shall be liable to pay compensation in accordance with this Ordinance
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This note was uploaded on 09/26/2011 for the course LAW LLAW1005 taught by Professor Rick during the Spring '11 term at HKU.

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tort_ppt_statcomp - LAWOFTORT StatutoryCompensation...

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