Conditions of Service and Discipline Branch Column
Employees compensation

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Question: "I am a sergeant performing indoor administrative duty in a police station. I go to the station fitness room for physical exercise after office hours everyday. Three days ago, as I had finished all the work assigned to me on that day and had to attend to other matters after office hours, I went to exercise in the fitness room before I was off duty. I unfortunately sprained my knee during the exercise. Since I was injured during working hours due to physical exercise, am I entitled to any compensation under the Employees Compensation Ordinance (ECO)?"

Answer: According to Section 5 of the ECO, if personal injury or death by accident arising out of and in the course of employment is caused to an employee, his employer shall be liable to pay compensation under general circumstances. However, an accident, which occurred in the course of employment, did not necessarily arise from employment. Apparently, the accident occurred whilst the SGT was absent from his assigned duties. Though it occurred during working hours, it was caused neither by official physical training nor discharging of duties. The case would not be classified as one of injury on duty and the SGT would not be eligible for compensation under the ECO.