這樣可以告雇主嗎?

First: if you have left the work for 0.5 years, have you get any doctor’s approval or certification?

Second: Have you notice the Employer since you have your half year left at work?

According to Employment Law (僱庸法, employment law involves special and general rules of contract but also embraces (包含) statutory rights and obligations between employer and employee. (僱主責任及僱員權利). Employee’s statutory rights under employment legislation includes their entitlement to wages, leave, severance payment and long services payment and protection from dismissal.(解散)

Every employer is responsible for purchasing the employee insurance for his every employee. Sometimes, the employer will not report the injury to the insurance company so as to maintain the premium. These employer will in turn compensate an amount or few days of leave to the employee (depends on the serious of injury). But in your case, obviously you have much serious injury. The employer should report you case, otherwise the employer is accuse of not reporting the injury. You can consult the 勞工處 (電話號碼： 2717 1771) for assistance. They will refer you to Labour Tribunal.

But before you made any claim from the employer, you have to be sure you have the Nature of Continuous, meaning, an employee who works continuously for same employer for 4 weeks or more, with at least 18 hours in each week is regarded as working under a continuous contract. Employees under a continuous contract are further entitled to benefits contained in the Employment Ordinance and Employee’s Compensation Ordinance(僱用賠償條例).

**Please make sure you have supporting documents evidencing that you have such injury during course of employment.

2007-01-04 11:51:09 補充：
Ｔｈｅｒｅ　ｉｓ　ａｌｓｏ　ａｎ　Terms implied by the common law are related to the duties owed by employer and employee to each other. Duties of employer: (2). to provide a safe system of work;

醫生應該開張工傷証明給你，如果無應該立即去急症室睇，照Ｘ光及出工傷証明，保險方面亦可根據病歷記錄追查有關証明。

比較難，因不是明確指定的職業病。除非可以証明雇主沒有提供安全的工作環境，直接引發你的病。

2007-01-06 00:57:29 補充：
我不明白如果不是發生意外，只是因工勞損，是否工傷?我覺得因工勞損只可算職業病。

1.僱主一定要去報工傷...
2.醫療費用無論如何都要僱主付
3.因工令到你不可長期站立,係一件相當慘ga事
4.請你立刻告應名僱主