HK proposes work injury compensation regime for platform workers

Hong Kong's Labour and Welfare Bureau has proposed a new statutory work injury compensation regime for digital platform workers engaged in food and goods delivery services. The proposal stems from the 2025 Policy Address and aims to enhance protection for individuals participating in the gig economy while recognising the distinct nature of platform work.

Importantly, the proposal does not seek to reclassify platform workers as employees. Instead, it creates a standalone statutory compensation regime under which eligible platform workers would be entitled to compensation for work-related injuries. The Employment Ordinance and Employees' Compensation Ordinance (“ECO”) will continue to be inapplicable to the relevant platform work arrangements covered by the new regime.

Key features of the proposed framework include:

• Compensation will be payable where a platform worker engaged in food and goods delivery services suffers injury or death arising out of and in the course of platform work.
• Compensation will be provided on a "no-fault" basis, subject to limited exceptions such as deliberately self-inflicted injury, certain drug or alcohol-related accidents, serious and wilful misconduct, and deliberate aggravation of injury.
• Coverage will extend to accidents arising out of and in the course of platform work, generally commencing when a worker starts travelling to collect an order and ending upon completion of the delivery, including the journey back to the vehicle used after delivery.
• Compensation will broadly mirror the ECO framework, covering compensation for temporary and permanent incapacity, medical expenses and death benefits.
• Earnings will generally include sums paid by the platform operator for platform work, such as service fees, tips received via the platform, and cash bonuses under reward programmes. Expense reimbursements, direct tips from users, separately negotiated fees for additional services, and earnings from non-platform work will be excluded.
• The ECO minimum compensation amounts for death and permanent total incapacity, currently HK$514,510 and HK$584,220 respectively, and the monthly earnings ceiling of HK$38,670, will apply.
• A mechanism will be introduced to apportion compensation liability where a worker is providing services for multiple platforms at the time of an accident.
• Platform operators will be subject to mandatory insurance, injury reporting and record-keeping requirements.

The legislative framework is still being refined and important details remain to be seen. Businesses operating digital platforms should monitor developments closely, particularly in relation to insurance requirements (the details of which have not yet been released), compliance obligations and claims administration.

The Government intends to introduce the legislative proposal into the Legislative Council (“LegCo”) in 2026.

The discussion paper submitted by the Government to the LegCo is available here.