When a person gets injured as a result of an accident, it can be considered a personal injury. Personal injuries are not limited to physical harm as they also include psychological harm. For instance, a victim may suffer from Post-Traumatic Stress Disorder due to the distressing nature of the accident.
Common examples of personal injury
There is a wide range of common examples of personal injury. They encompass:
- Road traffic accidents: A victim can claim monetary compensation for their financial loss and personal injuries if they have been injured in a road traffic accident as a passenger, driver or pedestrian.
- Workplace accidents: The employer is generally liable to pay compensation to their employee under the Employees’ Compensation Ordinance (Cap. 282) if the employee dies or sustains injury due to an accident that occurs during or arising out of employment.
- Occupiers’ liability: Occupiers’ liability concerns the duty of care owed by those occupying a real property to people who have trespassed or visited in relation to accidents caused by the dangerous or defective condition(s) of the property. Occupiers’ liability is regulated under the Occupiers Liability Ordinance (Cap. 314) in Hong Kong.
- Medical malpractice: Serious injuries may be caused by the negligence of healthcare providers, which include nurses, doctors, hospitals and other medical professionals. However, it is important to note that a person should not sue a healthcare provider for medical negligence simply because the provider has failed to cure a medical condition. The person claiming damage(s) for medical negligence must suffer real harm caused directly by a substandard level of medical care.
- Products liability: Serious injuries in public places, at home or at work may be caused by defective and dangerous products or improper operation manuals and warnings. Businesses may be responsible for manufacturing, selling, designing or marketing these products, so they may be liable to pay compensation for the victims’ injuries.
- Others: Examples of other types of common personal injuries include boating and aviation accidents, nursing home neglect or abuse, catastrophic injuries and accidents, animal bites, legal malpractice, asbestos exposure and food poisoning.
In relation to businesses or companies, employers are required to guarantee the health and safety of their employees at work. The relevant requirements are set out in the Boilers and Pressure Vessels Ordinance (Cap. 56), the Factories and Industrial Undertakings Ordinance (Cap. 59), and the Occupational Safety and Health Ordinance (Cap. 509) and their subsidiary regulations.
Consequences of suffering personal injury
Personal injuries can have a major impact on a person’s life, some of the consequences include:
- Permanent financial and disability problems
- The need to receive ongoing treatment, such as counselling and physiotherapy
- The need to take a long leave from work, change jobs or even become unemployed
- The need to install specialist modifications or equipment at home to assist you in accomplishing daily tasks
- The need to obtain a vehicle adaptation or mobility aid to go to different places
Key takeaways
- Personal injuries can be physical injuries as well as psychological harm.
- There are many types of personal injury and employers are required by law to guarantee the health and safety of their employees at work.
- Personal injuries can have a major impact on a person’s life in both the short term and the long term.
Bibliography:
- Hong Kong Government, ‘How to Handle Compensation Claims after Work Injury’: https://www.gov.hk/en/residents/employment/employee/workinjury.htm
- Hong Kong Government, ‘Employment’: https://www.gov.hk/en/residents/employment/safety/index.htm