Is an Injury on the Way to Work a Work Injury? A Practical Guide on Work Injuries and Employees’ Compensation

Scenario: Slipping on the way to work – is the company liable?

Ling works in Kwun Tong and takes a bus then the MTR to get to the office every day.One rainy morning, she slips at the MTR station exit, injures her wrist, and needs to see a doctor and take a few days of rest.

Her colleague asks, “You were on your way to work, so shouldn’t this count as a work injury?”Her boss hesitates: “Isn’t that just a personal accident in your own time?”

So in Hong Kong, does getting injured on the way to work always count as a work injury? We can break this down using a few key concepts.

1. What counts as a work injury? Basic definition

Under the Employees’ Compensation Ordinance, a “work injury” generally means:

• An employee is injured or killed by accident in the course of employment; or

• The employee suffers from a prescribed occupational disease and requires medical treatment and compensation.

The basic principles are:

• As long as the injury happens while working for the employer and arises out of that work, it will usually be regarded as a work injury.

• Whether an accident on the way to or from work is a work injury depends on whether it falls within certain specific situations set out in the law (for example, using employer‑provided transport, or travelling under extreme weather arrangements).

2. Injuries on the way to work: general rule and common scenarios

1) General rule: injuries during ordinary commuting usually do not count

Examples:

• Driving your own car, or taking the MTR or bus to and from work, and being injured in a traffic accident on the way.

These are usually treated as “ordinary personal commuting”, rather than carrying out a specific work instruction, so they are generally not automatically regarded as work injuries.However, each case still depends on the actual facts, and in case of dispute you should seek professional advice.

2) Exception 1: using employer‑provided or arranged transport

If you travel on transport provided or arranged by the employer, for example:

• A company staff bus or van;

• A vehicle arranged by your supervisor to take you between the office and a work site,

then if an accident happens on that journey, it may be regarded as an accident on a journey related to your employment, and is more likely to fall within the scope of a work injury.

3) Exception 2: travelling between work locations for job duties

Examples:

• A delivery worker, technician or consultant travelling from the company to a client’s site, then from the client’s site back to the office or home.

If the travel is required for performing your job duties and you are injured on the way, it is usually treated as part of work, and will often be considered a work injury.

4) Exception 3: commuting under extreme weather and special arrangements

In some situations, the law treats accidents during certain commuting periods under extreme weather as work‑related. For example:

• Under a No. 8 (or above) typhoon signal or black rainstorm, if employees are required to travel within specified time periods directly between home and the workplace, accidents during these journeys may be regarded as work injuries.

• Recent amendments have extended protection to some accidents on the way to and from work under officially announced “extreme conditions”.

Whether a specific accident is covered still depends on whether it meets the detailed requirements of the Employees’ Compensation Ordinance and its amendments.

3. Practical guide for employees: what to do if you suspect a work injury

Whether you feel it “probably is” or you’re not sure, once an accident happens it is advisable to do the following as soon as possible:

(1) Seek medical attention promptly and keep medical records

• See a doctor immediately and ensure they record how the injury happened.

• Keep all documents: medical certificates, sick leave certificates, receipts and test results.

(2) Notify your employer and HR early (preferably in writing)

Use WhatsApp or email to briefly explain:

• The date, time and location of the accident;

• Whether you were travelling to or from the workplace or going out on company business at that time;

• The nature of your injuries and how many days of rest you are expected to need.

Try to notify your employer within a reasonable time (for example, within 24 hours or as soon as possible) to avoid later disputes about “late reporting”.

(3) Keep evidence and witness information

• Keep any photos of the scene, police reports and traffic accident reports, if available.

• If colleagues or others were with you or witnessed the accident, record their names and contact details in case a witness statement is needed later.

(4) If there is a dispute, contact the Labour Department or a professional advisor

If your employer disputes that it is a work injury or delays handling the case:

• You can contact the Labour Department to understand your rights and the claim procedures under the Employees’ Compensation Ordinance.

• For serious disputes or large claims, you may also consider seeking independent legal advice to understand your options.

4. For employers: key responsibilities on work injuries and employees’ compensation insurance

1) Employers must purchase employees’ compensation insurance

Hong Kong law requires employers to take out compliant employees’ compensation insurance for their employees, to cover work injury compensation and related risks.If an employer fails to arrange proper cover, or the cover is inadequate, they may face criminal liability and significant compensation exposure if an accident happens.

2) Act quickly once you suspect a work injury case

• Under most policies, employers must report potential work injury cases to the insurer within a specified time limit.

• Where required, they also need to submit the necessary notifications to the relevant government authorities (such as the Labour Department).

• Delayed handling not only affects employees’ rights, but may also cause the insurer to reject the claim, leaving the company to bear the risk directly.

3) Practical management tips for “on the way to work” injuries

In your staff handbook or HR policies, you can:

• Clearly describe commuting and transport arrangements, and whether the company provides any transport;

• Set out attendance and commuting rules for bad weather / extreme conditions;

• Where company vehicles or staff buses are provided, keep clear records of routes and usage rules, to help determine later whether an accident falls within the scope of work injury;

• Encourage employees to report any accidents immediately and to cooperate in recording the details.

If you would like to review whether your current work injury handling procedures and employees' compensation coverage are clear, compliant and practical, our HR consultants at Get More can help. We partner with employers to refine policies, staff handbooks and real-life workflows so you can better protect both your people and your business.

This article is compiled based on publicly available information and general HR practices and is for reference only. It does not constitute legal advice or any form of hiring recommendation. For professional advice tailored to your company’s specific situation, please contact the Get More consulting team or consult a qualified legal professional.