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  • Writer's picture香港基督教工業委員會

A guideline on handling traffic accidents

Updated: Feb 28, 2023


Author: Riders' Rights Concern Group


In this guideline, we collect common issues traffic accident victims may face with our suggestions provided.


The Riders Rights’ Concern Group is willing to provide proper assistance to the injured couriers. Our staff will charge NO money and provide FREE service. If you or your friends get injured during work or have questions regarding any of the topics below stated, you can contact us through WhatsApp 9199 2809.

For the Hindi version, please refer to the following file:

(Hindi) A guideline on handling traffic accidents - HKCIC
.pdf
Download PDF • 479KB


For the Urdu version, please refer to the following file:

(URDU) A guideline on handling traffic accidents - HKCIC
.pdf
Download PDF • 981KB


1. Insurance provided by the delivery companies

Q: What kind of compensation can I claim if I get injured during work?


A: Both foodpanda and Deliveroo provide accident insurance for the couriers. If you get injured during work, you can make a claim. The benefits and the maximum amount of the claim are listed below:



For the details of the accident insurance, please refer to the following links:




Q: When will I be covered?


A: If you work for foodpanda, you are under the protection of the insurance when 1) you are on shift on Pandarider App; 2) within one hour before the booked shifts start; 3) within one hour after going offline.


If you work for Deliveroo, you are covered when you’re online in the Deliveroo Rider app and within one hour after going offline. It means that if the accident happens within one hour after going offline, you are still eligible to make a claim.


Q: How to make a claim?


A: If you work for foodpanda, you can download the application form by clicking here and send the form to foodpanda-claims@marsh.com.


If you work for Deliveroo, please click here to fill out the application form.


Q: When should I make a claim?


A: Both foodpanda and Deliveroo request that the victims must submit a claim within 30 days of the date of the accident. If not, the claim will be rejected unless you provide a valid reason for the delay.


Q: What kind of documents do I need to provide when I make a claim?


A: Documents you need to provide include:

  • Receipts or paid invoices for medical expenses

  • Medical reports and discharge slip

  • Photos of the accident

  • Sick leave certificates

  • Police report and reference number

  • Copy of Hong Kong Identity Card

When you make an insurance claim or a civil claim, the insurance company or the Court will calculate the amount of the compensation based on documents you provide. Therefore, please keep all the original medical documents and copies properly. You are encouraged to make multiple copies in case of any further need.


Q: If I don’t have all the information the insurance company requires, can I still file a claim?


A: Yes! You can provide the information you have in hand and submit the form first. For Deliveroo, if you have any relevant document missing, you can upload blank files first to complete the submission. Thus, you don’t need to wait until you have all the documents. Don’t miss the 30-day limit for making a claim.


Q: After I file the claim, when will I get the compensation?


A: It is not sure. The insurance company will process the application case by case. In principle, the earlier you submit the documents, the sooner you will get compensation.


Q: How to contact the insurance company?


A: You can contact the insurance company directly:


For foodpanda, please contact 2968 3221 (9 am – 5.30 pm, from Monday to Friday).


For Deliveroo, please contact 2301 7000 (9 am – 5.30 pm, from Monday to Friday).


2. Traffic Accident Victims Assistance Scheme

Q: Apart from foodpanda and Deliveroo insurance, do any other schemes provide speedy assistance to the victims?


A: Yes, the Traffic Accident Victims Assistance (TAVA) Scheme under the Social Welfare Department could do so. For the payment schedule of the TAVA Scheme, you can click here for further information.


If you receive other compensation in respect of the same accident, you may be required to repay the amount of TAVA payments or the compensation, whichever is the less. For example, if you receive 5000 HKD compensation from the person who are held liable and 7000 HKD from the TAVA Scheme, you should repay the Social Welfare Department 5000 HKD.


Q: What are the eligibility criteria?


A: Your income or wealth will not be considered. Also, this scheme does not consider the element of fault leading to the occurrence of the accident. Therefore, even if you are held liable for the accident, you are still eligible to apply for this scheme.


First, the accident must have been reported to the Police.


Secondly, the victim died/sustained permanent disability from the accident, or the injury sustained by the victim gave rise to at least 3 days' hospitalization/sick leave as certified by a registered medical practitioner/registered Chinese medicine practitioner.


Q: How to apply?


A: After you report the accident to the police and get the report number, you can fill out the form and send it to the Traffic Accident Victims Assistance Section of Social Welfare Department.


Address: Room101, 1/F, Mong Kok Government Offices, 30 Luen Wan Street, Mong Kok, Kowloon


You can also ask the police to refer your case to the Traffic Accident Victims Assistance Section.


Q: When is the application deadline?


A: Application must be made within 6 months after the date of the accident.


3. Compensation for work injury

Q: What is “compensation for work injury”?


A: The compensation for work injury is also known as Employees’ Compensation. According to the Employees’ Compensation Ordinance, the employer is liable to pay compensation if the employee is injured or dies as a result of an accident arising out of and in the course of his/her employment.


Q: What is included in the compensation for work injury?


A: The items and calculation method are listed below:



For the details, please refer to Amount of Compensation (chapter 5) in the Concise Guide to the Employees’ Compensation Ordinance (p11-p18).


Q: The delivery company has provided the couriers with accident insurance, why do I still need to claim compensation for work injury?


A: Because the amount of insurance compensation is much lower than that of the work injury compensation.



Taking the periodical payments for temporary incapacity as an example, the employer should pay the injured employee periodical payments at the rate of 4/5 of the difference between the employee’s monthly earnings at the time of the accident and his monthly earnings during the period of temporary incapacity. For instance, if you earn 20,000 HKD per month on average through your delivery work, the delivery company should pay you 16,000 HKD every month during the period of temporary incapacity.


However, if a foodpanda or Deliveroo courier is temporarily incapable of working, the insurance company may pay a certain amount of money every day or once a week (the maximum amount is 3900 HKD/week for foodpanda, and 3883 HKD/week for Deliveroo).


Q: I have signed the Independent Contractor Agreement. Do I still have the legal right to claim compensation for work injury?


A: It could be possible. In its reply to a question at the Legislative Council in 2020, the Labour Department publicly stated: “In determining whether a digital platform worker (platform worker) is an employee or not, it does not hinge solely on the label of the post or contract concerned, but is subject to the actual circumstances of the provision of services. […] the platform company is still required to fulfil its obligations as an employer under relevant labour legislation when there actually exists an employment relationship between the parties.”


Q: How to determine whether I am an employee of the delivery company or not?


A: According to the Labour Department, there is list of questions that can help us distinguish an employee from a self-employed person:

  • Control over the work: whether you have control over work procedures, working time, and method

  • Ownership of work equipment: whether you own or provide the work equipment, tools, and materials

  • Investment and management responsibilities: whether you are carrying on business on your own account with investment and management responsibilities

  • Recruitment of helpers: whether you are free to hire helpers to assist in the work

  • Financial risks: whether you bear the financial risk over the business

  • Job position: whether you are properly regarded as part of the employer’s organization

  • Responsibilities in insurance and tax: whether you bear the responsibilities to buy insurance and manage the tax

  • Tradition: whether you are regarded as an employee according to the traditional structure and practices of the trade or profession concerned


Q: If I want to claim compensation for work injury, what should I do?


A: The victim shall go to the Office of the Employees’ Compensation Division and fill out the Notification of Accident Form. If there is a dispute between the company and the victim regarding his/her employee status, the Labour Department will collect relevant materials from the two parties and give advice to resolve the dispute.


However, please note that the Labour Department does not have the authority to make judgement on any dispute of such cases. If the employer and the employee could not reach any settlement with the assistance of the Labour Department, the case shall be determined by the Court.


Therefore, if the dispute is not settled, you may need to file a civil claim in the Court, and you are encouraged to apply for the Legal Aid for legal services (for more information on the Legal Aid, please see the first Question in the following section “4. Civil claim on personal injury”).


If you have further questions about the procedures of claiming compensation for work injury, please contact the Concern Group through WhatsApp 91992809. We are willing to provide suggestions and support.


Q: If I am held liable for the accident, can I claim compensation for work injury?


A: Yes. The employer is liable to give compensation even if the employee might have committed acts of faults or negligence when the accident occurred.


Q: Is there any time limit for claiming the compensation?


A: You are still eligible to make a claim if the claim is made within 2 years of the date of the accident.



4. Civil claim on personal injury

Q: If I want to claim personal injury and property damage from person who are held liable, are there any resources that can help?


A: Legal Aid Scheme and Supplementary Legal Aid Scheme could be helpful. Legal aid provides eligible applicants with the services of a lawyer in court proceedings.



Any applicant, whether or not a Hong Kong resident, who passes both the means test and the merits test is eligible for legal aid.


Q: What is the “means test”?


A: The purpose of the "means test" is to assess the financial situation of the applicant. You are eligible to apply for Legal Aid if the assets you own is below 420,400 HKD. If the assets are between 420,400 HKD and 2,102,000 HKD, you may apply for the Supplementary Legal Aid Scheme.


For the calculation method of the assets, please click here. You can also use the Means Test Calculator to calculate your financial resources.


Q: What is the “merits test”?


A: The main purpose of the "merits test" is to determine whether an applicant has a reasonable claim or defense or whether the grant of legal aid to an applicant is justified. For the details, please click here.


Q: How to apply for legal aid?


A: You can go to the offices of the Legal Aid Department to collect the application form and a case questionnaire and return it by post or in person.


Q: What is the time limit for the civil claim?


A: You can make a civil claim within 3 years of the date of the accident.


5. Other resources

5.1 Social services


A labour group dedicated to providing support to industrial accident victims and their caregivers. Its services include enquiry service, case management, employment skill training (special for industrial accident victims), emotional support, etc.

Tel: 2366 5965

WhatsApp: 9414 4993


A catholic non-profit organization dedicated to serving ethnic minority workers in Hong Kong. It provides employment support services and assist workers in their applications for public service and government schemes.

Tel: 2351 6333 / 2352 3763

WhatsApp: 9667 5943


The Social Welfare Department commissioned three non-governmental organisations to set up three outreaching teams for ethnic minorities to connect those in need with mainstream welfare services. They provide referring and counselling services.


To facilitate the integration of ethnic minorities into the community, and enhance their access to public services, the Home Affairs Department is funding non-profit-making organisations to operate six support service centres and two sub-centres for ethnic minorities.


CHEER provides interpretation and translation services to ethnic minorities in Hong Kong, ranging from telephone interpretation service, on-site interpretation service, and WhatsApp & sight Interpretation Services.


5.2 Financial assistance


This fund is initiated to provide rapid response to people who find themselves in an emergency financial crisis for which other sources of help may not be available. You can apply through the assessment centres.



Acknowledgment: The Urdu and Hindi guidelines are translated by the Centre for Harmony and Enhancement of Ethnic Minority Residents (CHEER). The Concern Group is very grateful to CHEER for its help and efforts.


About the Riders’ Rights Concern Group

We are a labour rights group dedicated to serving all the food delivery workers in Hong Kong. We are under the supervision of Hong Kong Christian Industrial Committee.


Our work includes:

  • Casework: provide counselling and support case by case (occupational injury, contract termination, discrimination, etc.)

  • Action: unite the workers to strive for decent work and dignity

  • Advocacy: advocate to the government and food delivery companies for better protection of labour rights

Email: RiderConcernGroup@protonmail.com

WhatsApp: 9199 2809 (10:00 AM – 6:00 PM, Monday to Friday)


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