Foreign Domestic Helper falls seriously ill right after arrival! Is the employer required to take responsibility?

Last year, there was a news reporting "Filipino Domestic Helper Falls Seriously Ill Right After Arrival! Employer Pays for ICU Treatment, Medical Costs Totaling...". The story highlights a Filipino domestic helper who, shortly after arriving in Singapore, felt unwell on her almost immediately. She eventually had to stay in the Intensive Care Unit (ICU) for 27 days, and medical examinations revealed she suffered from renal failure and pulmonary tuberculosis. Fortunately, her condition stabilized, and she was able to return home for further treatment via a medical charter flight. However, the total cost of her 27-day treatment and the medical flight amounted to nearly HK$930,000. Fortunately, her employer, generously covered these expenses and even provided emergency funds to the helper's family.

Have you ever wondered what would happen if a similar situation occurred in Hong Kong?

Hong Kong's legislation requires employers to be responsible for all medical expenses of their foreign domestic helpers (FDHs) in Hong Kong. In this article, we'll explore the reasons behind this and how employers can mitigate the financial burden associated with these expenses.

Medical Expense Arrangements for Foreign Domestic Helpers

The Hong Kong SAR government has established the "Standard Employment Contract" for FDHs, which stipulates that employers are responsible for their helpers' medical expenses, whether due to work-related injuries or illnesses. This includes consultation fees, hospitalization costs, and emergency dental care. Therefore, regardless of whether the FDH signs the contract locally or arrives from abroad, the employer is responsible for all medical expenses incurred in Hong Kong. Employers may consider purchasing insurance for their domestic helpers to alleviate the costs in case of accidents.

Insurance Requirements for Foreign Domestic Helpers in Hong Kong

Under the "Employees' Compensation Ordinance," all employers in Hong Kong are required to provide insurance coverage for their employees, including FDHs. Many employment agencies include the cost of FDHs insurance in their service fees. However, employers can also choose to arrange insurance for their FDHs independently. It's crucial to note that if you hire a FDH on your own, you must ensure they are covered by insurance; otherwise, you may violate the law, which carries penalties of up to HK$100,000 in fines and two years of imprisonment. To avoid missing out on insurance benefits while waiting for your helper to start working, consider securing a coverage plan that can be activated once you have the necessary details, often through a mobile application.

However, it's essential to review the insurance policy's coverage carefully. Basic plans typically cover medical and surgical expenses, repatriation costs, personal accident, and public liability. Comprehensive plans may offer additional coverage, such as outpatient fees, dental expenses, and hospital cash benefits. Premiums and coverage vary among insurance companies, and employers should carefully examine policy details. Notably, conditions like renal failure and pulmonary tuberculosis, as in the case of the FDH mentioned earlier, are generally not excluded from most Hong Kong domestic helper insurance policies. For detailed information on the basic coverage and compensation limits of FDHs insurance, refer to this article.

The Singapore case mentioned earlier had an exceptionally high medical cost, which is relatively rare. Standard Hong Kong FDHs insurance typically provides coverage ranging from HK$20,000 to $50,000 for hospitalization and surgery. For most common illnesses treated in public hospitals, these coverage amounts are generally sufficient. However, if you are concerned about more severe or prolonged illnesses, it's advisable to opt for insurance with higher coverage. Keep in mind that higher premiums don't always guarantee higher hospitalization and surgery coverage, and most policies have waiting periods, so employers should compare options before making a decision.

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The information provided in this article is for general reference only and should not be considered as any form of advice. Our company assumes no responsibility for its use