Fund must pay out for worker's death: court. ruling denying cash for family overturned

China: Illegal workers are entitled to compensation from the Employees Compensation Assistance Fund Board - a fund that covers compensation in cases in which the employer does not have the means to do so.

Lian Yikai who had no working permit for Hong Kong was killed in 2003 when he was jammed between the cabin of the forklift truck he was driving and the forklift. The court of first instance sentenced his employer to six months in jail for hiring illegal workers, but denied Liang compensation as paying claims to illegal workers would deprive the fund of too much money.
The Court of Appeal rejected this argument and awarded HKD303,000 (USD38,845) to his family. The Employees Compensation Assistance Board has indicated it will appeal this decision in the Court of Final Appeal.

Source: South Chino Morning Post, 76 November 2007
Asian Casualty Report 10th Edition June 2008 – Gen Re