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Seeking compensation for accident

16 January 2018

Samantha, aged 30, a Filipina domestic worker, underwent an operation on Jan. 5 at Princess Margaret Hospital in Kwai Chung to have her broken shoulder fixed. She dislocated her shoulder on Dec. 28 when she tried to reach for a towel after taking a bath. She lost her balance, causing her to fall and twist her arm.

Her problem is that her Indian employer had reportedly told her friends to get Samantha’s things from their flat as they were moving. Her friends were also told that Samantha would be referred to their Canadian friend if she wanted to continue working in Hong Kong.

It’s not known exactly when her employers intend to leave Hong Kong.

Samantha was visited by staff from the Philippine Overseas Labor Office, who told her about her rights, including the right to seek compensation for any work-related injury, or personal injury suffered while she was at work. She was advised to seek help from the Hong Kong Labour Department if she wanted to pursue this option.

Another right is not to be sacked or terminated while she was on sick leave. She could also demand payment for unpaid salary, including the pro-rated wage she was entitled to while she was on sick leave.

But as of now, Samanta is just relying on help from friends so she could get by while in hospital. She cannot move freely, so friends like Beth come by to help her eat. Samantha now wonders whether she can be well enough soon to pursue all her claims against her employer. – George Manalansan

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