Legal Update | Injured Delivery Riders: Will They Be Compensated? Key Points of the Proposed Work Injury Compensation Law for Platform Workers
13/10/2026
Hong Kong has over 110,000 digital platform workers delivering food and goods every day, yet they have long been classified as self-employed and fall outside the Employees' Compensation Ordinance. When injured at work, they often have nowhere to turn. The 2026 Policy Address proposes new legislation to provide statutory work injury compensation for digital platform workers engaged in food and goods delivery. This article summarises the key proposals, including who is covered, when coverage applies, how compensation is calculated, and the new duties of platform companies.
1. The gap in the current system
Platform workers such as delivery riders are mostly treated as self-employed. They are not "employees" under the Employees' Compensation Ordinance, and platform companies are not required to take out work injury compensation insurance for them. Union surveys show that over 60% of platform workers rank work injury protection as their top concern, and about 23% have been injured at work. The proposed law aims to close this protection gap by bringing a class of platform workers into the statutory compensation regime.
2. Who is covered: definitions of platform companies and platform workers
The proposed law will initially focus on food and goods delivery, and will define "platform company" and "platform worker". A platform company must operate its own application, match service users with workers electronically, and exercise "management control" over workers, namely allocating work, setting remuneration, service standards and reward-or-penalty mechanisms. A platform worker must enter into a platform work agreement with the platform company, register a work account and be approved, earn remuneration for completed platform work, and be subject to the platform company's management control when performing the work.
3. When coverage applies
Coverage runs from the time the platform worker starts travelling to the designated location to collect the task, until the food or goods reach the destination (with specified time allowed after an order is cancelled). Note that "waiting for or competing for orders" is by default outside the statutory compulsory coverage, left for individual platform companies to decide whether to include. During a typhoon warning or "extreme conditions" announcement, a worker who is injured within four hours after suspending delivery while returning home is also covered.
Table (Scenario / Covered?):
| Scenario | Covered? |
|---|---|
| From collecting the task to delivery | Yes |
| Waiting for or competing for orders | By default no (platforms may opt in) |
| Within four hours of returning home after suspending delivery in severe weather | Yes |
4. How compensation is calculated
A tiered calculation is proposed. Sickness allowance for work injury would be set as a proportion based on working hours, with longer-hour workers approaching 80% of income under the existing Employees' Compensation Ordinance. The calculation basis would reference average income over the past two to three months. The monthly minimum income requirement (currently HK$5,710) would not apply, but minimum compensation amounts and monthly income caps would be retained for death and permanent total incapacity.
Compensation items include: temporary incapacity compensation, permanent incapacity compensation, medical expenses, and the cost of prostheses and surgical appliances. Death cases cover death compensation, funeral expenses and medical care expenses.
For multi-platform arrangements: where a worker is injured while delivering for platform A, platform A is liable, but the calculation takes into account the worker's total income across all platforms. Where the injury occurs while serving multiple platforms at the same time, the platforms involved share the liability.
Unions have reservations about calculating compensation by reference to working hours, fearing it may encourage riders to drag out orders to clock more hours, and urge a uniform 80% of income instead, plus wider coverage periods. The final calculation method awaits the bill.
5. New duties of platform companies
The proposed law would require platform companies to:
- Take out statutory work injury compensation insurance for their platform workers.
- Report work injuries to the Labour Department, within 14 days generally and 7 days for death cases, with a proposed maximum fine of HK$50,000 for late reporting.
- Keep records of platform workers' work and income, and provide workers with regular income statements.
- Notify the Labour Department of their platform business.
6. FAQs
Q: Do delivery riders currently have any protection at all if injured?
A: Before the new law is passed, platform workers are mostly treated as self-employed and fall outside the Employees' Compensation Ordinance. They must rely on personal insurance or common law claims, which offer very limited protection.
Q: When will the new law take effect?
A: The Government aims to introduce the bill to the Legislative Council for scrutiny before the end of 2026. The actual commencement date will be announced after the legislative process is complete.
Q: Are part-time riders covered too?
A: The proposed regime sets no minimum working-hours threshold, but compensation amounts will be calibrated by working hours and income. Details await the bill.
Q: What if I am injured while waiting for orders?
A: Under the current proposal, waiting for or competing for orders is by default outside statutory compulsory coverage. Whether you are covered depends on whether the platform company has opted to include such periods.
Take Action
If you have any questions about work injury compensation or employees' rights, please fill in our online enquiry form or call 2529 0383 to speak to our solicitors.
Disclaimer: This article is for general reference only and does not constitute legal advice. The proposed law is still being formulated; the final enacted ordinance shall prevail. For specific legal issues, please consult a solicitor.
