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Pneumoconiosis and
Mesothelioma
Compensation

Pneumoconiosis and Mesothelioma Compensation>Pneumoconiosis and Mesothelioma Compensation

Pneumoconiosis and Mesothelioma Compensation

What is Pneumoconiosis?

(Cap 360, Part I, Sect 2)

  • fibrosis of the lungs to dust of free silica or dust containing free silica, whether or not such disease is accompanied by tuberculosis of the lungs, or any other disease of the pulmonary or respiratory organs caused by exposure to such dust; or

  • fibrosis of the lungs due to dust of asbestosis or dust containing asbestos, whether or not such disease is accompanied by tuberculosis of the lungs, or any other disease caused by exposure to such dust

What is Mesothelioma?

(Cap 360, Part I, Sect 2)

  • a primary malignant neoplasm of the mesothelial tissue due to dust of asbestos or dust containing asbestos, whether or not such disease is accompanied by tuberculosis of the lungs or by any other disease caused by exposure to such dust

Entitlement to compensation

Compensation shall be payable to:

  • any person suffering from pneumoconiosis or mesothelioma (or both), in respect of any incapacity resulting from the above disease or diseases and any pain, suffering and loss of amenities arising from the above disease or diseases

  • for a person suffering from pneumoconiosis (whether or not he is also suffering from mesothelioma), compensation in respect of his pneumoconiosis shall be payable only where the date of diagnosis of his pneumoconiosis occurs on or after 1 January 1981

  • for a person suffering from mesothelioma (whether or not he is also suffering from pneumoconiosis), compensation in respect of his mesothelioma shall be payable only where the date of diagnosis of his mesothelioma occurs on or after 18 April 2008 AND

  • a person resident in Hong Kong for 5 years or more at the date of the notification of the claim, or resident in Hong Kong for less than 5 years at such date if he contracted pneumoconiosis or mesothelioma (or both) in Hong Kong

Abstract

Under the present Pneumoconiosis and Mesothelioma (Compensation) Ordinance, there are a total of nine compensation items:

  1. Monthly compensation for pain, suffering and loss of amenities
  2. Monthly compensation for incapacity
  3. Compensation for period prior to date of diagnosis
  4. Compensation for care and attention
  5. Expenses for medical treatment
  6. Expenses for medical appliances including:
    1. wheelchair (mechanical and electric);
    2. oxygen concentrator and its accessories;
    3. oxygen cylinder and its accessories;
    4. non-invasive positive pressure ventilation device (and humidifier when used with the device) and their accessories
    5. sputum suction device and its accessories.
  7. Compensation for death resulting from Pneumoconiosis or Mesothelioma (or both)
  8. Compensation for bereavement
  9. Funeral expenses