5. My husband died of an accident that happened during his work. What compensation is payable to me or my family members?
If an employee dies as a result of an accident (or an occupational disease specified in the ECO) arising out of and in the course of employment, then the employer is liable to pay compensation for death to the surviving members of the family. Compensation for death is calculated with reference to the age and monthly earnings of the deceased employee as follows (section 6 of the Employees' Compensation Ordinance) .
| Age of deceased employee | Amount of compensation |
| Under 40 | 84 months' earnings* or $3,070,200, whichever is the less |
| 40 to under 56 | 60 months' earnings* or $2,193,000, whichever is the less |
| 56 or above | 36 months' earnings* or $1,315,800, whichever is the less |
* In any event, the amount of compensation shall in no case be less than HK$486,300. Monthly earnings are subject to a maximum of $36,550 for calculating compensation in fatal cases.
The compensation shall be apportioned among the eligible members of the family of the deceased employee. In addition, the employer is liable to reimburse funeral and medical attendance expenses to the person who has paid such expenses, up to a maximum of $94,690.
For more details on the calculation of all relevant compensations, please contact the Employees' Compensation Division of the Labour Department (telephone hotline: 27171771; e-mail: enquiry@labour.gov.hk).
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