Hong Kong Case Law: Decisions & Judgments

Topic

Loss of earning capacity

Legal area

Court

14 Apr 2026

WANG MEIZHEN v. LUCUN COMPANY LTD AND ANOTHER

Citation

[2026] HKDC 616
Court

District Court
Case number

DCEC568/2023

Applicant's average monthly earnings at the time of the Accident are HK$18,000; loss of earning capacity assessed at 3% for the purposes of section 9 of the ECO (no apportionment to pre-existing condition permitted); periods of temporary incapacity are limited to those certified in Form 7 up to 20 July 2023 and additional claimed period July–August 2023 not allowed; reasonable medical expenses recoverable under section 10A are HK$5,265; total compensation after credit and calculations is HK$212,132 and 1st Respondent ordered to pay same with interest and costs as ordered.
30 Mar 2026

WU TANGLUN v. CK ENGINEERING (HONG KONG) CO LTD AND ANOTHER

Citation

[2026] HKDC 555
Court

District Court
Case number

DCPI4033/2022

Defendants were jointly and severally liable because the half-built platform and system of work were obviously unsafe, the defendants had been criminally convicted for breaches of statutory safety duties which shifted the burden of proof to them, and they failed to adduce evidence to rebut negligence; plaintiff was not contributorily negligent on the facts; damages were quantified accordingly.
27 Mar 2026

KHAN WASAL v. NG KUEN HAP trading as 俠記五金回收公司

Citation

[2026] HKDC 510
Court

District Court
Case number

DCEC1879/2024

Because the respondent did not appear to affirm her witness statement, the court accepted the applicant's unchallenged evidence that his daily wage was HK$900 and applied s11(1)(b) using 26 working days to compute monthly earnings; the court accepted the Review Board's certification of 3.5% LOEC and the certified sick leave period and accordingly awarded s9, s10 and s10A compensation together with interest and costs.
16 Mar 2026

CHIN MAN WO v. CHO CHUN KIT trading as YAN KIT INTERIOR DESIGN AND ANOTHER

Citation

[2026] HKDC 399
Court

District Court
Case number

DCPI1168/2022

On the balance of probabilities the court found the plaintiff's pre-accident daily wage was HK$500 and he worked 22 days per month (giving HK$11,000/month); appropriate sick leave is nine months after last physiotherapy (to end February 2021, ~17.5 months post-accident); custodial time to be deducted totals 7.5 months; pre-trial loss of earnings (including MPF) assessed at HK$115,500; loss of earning capacity awarded as two months of current income (2 x HK$14,000 = HK$28,000); PSLA HK$275,000 and special damages HK$10,000; plaintiff entitled to credit for HK$310,000 advance payments; total as…
16 Mar 2026

黃銘源對文城康

Citation

[2026] HKDC 426
Court

District Court
Case number

DCPI2225/2022

Liability having been previously determined, the court assessed quantum on the medical evidence and contemporaneous records: PSLA for the combined knee injuries and resultant mild PTSD is set at $320,000 based on comparison with authorities and facts of the case; proved special damages are $101,899; LEC claim withdrawn; interest and costs awarded to plaintiff.
5 Feb 2026

DELA ZILWA SUVENI DAMMIKA v. PIZZAEXPRESS (HONG KONG) LTD

Citation

[2026] HKDC 186
Court

District Court
Case number

DCEC655/2025

Interlocutory judgment having been entered the court estimated likely recoverable compensation using available evidence (monthly earnings $18,050; multiplier 72; 3% LOEC per respondent's medical report) producing section 9 entitlement of $38,988 and section 10A medical expenses of $6,438; balancing potential prejudice and applicant's hardship the court ordered an interim payment equal to the calculated section 9 minimum ($38,988) and awarded costs to the applicant.
15 Jan 2026

NG PUI KWAN 對 YU KA PO trading as SAN PO ENGINEERING COMPANY

Citation

[2026] HKDC 57
Court

District Court
Case number

DCEC671/2022

Because the respondent failed to discharge its evidential burden and produced no evidence on its pending appeals, the court accepted the Labour Department Form 9 findings as conclusive for assessment; monthly income was calculated under s11(1)(b) by aggregating May and June 2021 earnings and proportionating to a 30‑day month; applying statutory formulas under s9, s10 and s10A, deducting amounts already paid and excluding unreceipted and capped medical expenses, yields a net award of HK$312,204.60 with interest and costs as ordered.
4 Dec 2025

ALI HASHAM v. BM HUMAN RESOURCES & CONSTRUCTIONS LTD

Citation

[2025] HKDC 2035
Court

District Court
Case number

DCEC914/2024

The court held that the respondent's s.16 argument was improperly raised after liability had been determined and, on the evidence, the respondent failed to satisfy statutory requirements of s.16 (no specific time/place/doctor notified), so the applicant's right was not extinguished; the respondent's challenge to the certified sick leave was time-barred by s.18 and in any event the employer failed to rebut the presumption under s.10(2); therefore the Form 7 figures were accepted and compensation was assessed accordingly.
28 Nov 2025

WONG WAI HONG 對 LEUNG HOI TONG及另一人

Citation

[2025] HKDC 1978
Court

District Court
Case number

DCEC2326/2021

On credibility and evidence the court accepted applicant was an employee of the first respondent at all material times because of employer control, payment pattern, provision of tools/materials, and lack of cogent contrary evidence; under s11(2) the proper monthly income base was HK$1,500×17 days = HK$25,500; the court accepted the Fund Board orthopaedic expert's 3% LOEC and the psychiatric expert's 3% and combined those to 6% LOEC; applicant could return to pre-injury work so the Hong Kong Paper Mills formula did not apply; applying the statutory multipliers and periods produced awards of HK…
4 Nov 2025

THAKURI DHUBRA v. M & H UNIVERSAL LTD

Citation

[2025] HKDC 1886
Court

District Court
Case number

DCEC804/2024

The court accepted the Applicant's monthly earnings as HK$20,000 and applied the unappealed Form 7 findings (1% loss; multiplier 72) to award HK$14,400 under s9. The claimed s10 (HK$50,133.33) and s10A (HK$2,990) awards were offset by employer payments during sick leave totalling HK$62,666.67 which exceeded those claims; therefore only the s9 amount of HK$14,400 was awarded. Interest and a costs order nisi were granted.