Can You Sue For Death By Overwork?

Introduction

Recently, the tragic death of 59-year-old elevator maintenance technician, Chan, has cast a stark light on a silent epidemic within Hong Kong's workforce. Chan reportedly collapsed and died due to suspected overwork, a phenomenon often termed "karoshi" (過勞死), a Japanese word meaning "death from overwork"¹.

However, in a devastating blow to his grieving family, his employer refused to recognise the death as an occupational accident. Now, his widow, Mrs Chan, is embarking on an arduous journey to seek justice for her husband, a path fraught with obstacles that has led her to apply for legal aid².

Her struggle is not an isolated one. Hong Kong currently lacks a clear legal definition for "karoshi", and there is no specific legislation or compensation scheme addressing deaths from chronic overwork. This legal vacuum makes it exceedingly difficult for families to claim compensation.