What are the payments for employees' death due to occupational accidents arising from construction on construction sites in Vietnam?
- When will insurers be not liable for paying indemnities to employees for their death due to occupational accidents arising from construction on construction sites in Vietnam?
- What are the payments for employees' death due to occupational accidents arising from construction on construction sites in Vietnam?
- What are the documents proving that the employee is injured or dead due to a labor accident in Vietnam?
When will insurers be not liable for paying indemnities to employees for their death due to occupational accidents arising from construction on construction sites in Vietnam?
According to the provisions of Article 49 of Decree 67/2023/ND-CP on insurance scope and exclusion of insurance liability as follows:
Insurance coverage and insurance exclusions
1. Insurance coverage
Insurers shall pay construction contractors indemnities payable by the latter to employees for their injury or death due to occupational accidents and occupational diseases arising from construction on construction sites, except for the cases prescribed in Clause 2 of this Article.
2. Insurance exclusions
Insurers are not liable for paying indemnities in the following cases:
a) Insurance exclusions prescribed in Points a, b, c, d, dd, g, h and i clause 2 Article 34 hereof.
b) Losses related to asbestos or any materials containing asbestos.
c) Losses incurred by contradictions between employees and other people involved in accidents which do not occur due to construction on construction sites.
d) Losses incurred by deliberate self-harm (DSH) to health by employees.
dd) Losses incurred by use of narcotics or drugs contrary to the regulations of law (except in cases where the drugs are prescribed for treatment as prescribed by licensed doctors).
e) Losses incurred by intentional violations against law of policyholders or the insured (except cases where employees of narcotics or drugs contrary to the regulations of law (except in cases where employees defend themselves, save people, save property or use stimulants for treatment as prescribed by doctors).
Thus, insurers of compulsory insurance for construction site personnel are not liable for paying indemnities in the following cases:
- Losses incurred by war, riots, strikes, actions of hostile forces, rebellions, malicious acts on behalf of or in connection with political organizations, distraint, expropriation, requisition, confiscation or destruction or damage caused by order of competent regulatory agencies.
- Losses incurred by terrorism.
- Losses incurred by nuclear reactions, nuclear radiation, and radioactive contamination.
- Losses or damages of policyholders and the insured named in the list of entities placed under embargo.
- Losses or damages relating to diseases according to publications of competent authorities.
- Losses incurred in case policyholders have not insurable interests.
- Losses incurred by suspension from construction or losses incurred by consequences of suspending works wholly or partly.
- Losses to data, software and computer programs.
- Losses related to asbestos or any materials containing asbestos.
- Losses incurred by contradictions between employees and other people involved in accidents which do not occur due to construction on construction sites.
- Losses incurred by deliberate self-harm (DSH) to health by employees.
- Losses incurred by use of narcotics or drugs contrary to the regulations of law (except in cases where the drugs are prescribed for treatment as prescribed by licensed doctors).
- Losses incurred by intentional violations against law of policyholders or the insured (except cases where employees of narcotics or drugs contrary to the regulations of law (except in cases where employees defend themselves, save people, save property or use stimulants for treatment as prescribed by doctors).
What are the payments for employees' death due to occupational accidents arising from construction on construction sites in Vietnam?
What are the payments for employees' death due to occupational accidents arising from construction on construction sites in Vietnam?
According to the provisions of Clause 3, Article 52 of Decree 67/2023/ND-CP, regulations on principles of indemnification are as follows:
Principles of indemnification
An insurer shall consider and settle an insurance claim according to regulations of law on insurance business and the following principles:
...
3. When an employee is dead or injured due to a covered labor accident or occupational disease arising from construction on the construction site, the insurer shall pay amounts agreed upon between the construction contractor and the employee or the employee's legal representative (in case the employee is dead), including the following payments:
a) The allowance for leaving work during the treatment period prescribed by the treating doctor which is calculated based on the employee’s salary according to the employment contract but not exceeding 6 months' salary in each insured event.
b) Actual medical expenses including emergency expenses, necessary and reasonable inpatient and outpatient treatment expenses.
c) In case the employee has a working capacity impairment of less than 81%, the specific coverage rate for each type of injury or damage to life shall be determined according to the Schedule of compulsory insurance indemnities for construction site personnel according to Annex VII enclosed herewith.
d) In case the employee is dead or has a working capacity impairment of 81% or more, the insurer shall pay VND 100 million to one employee in one case.
The total insurance indemnity as prescribed at Points a, b, c and dd shall not exceed VND 100 million per employee per case in case the maximum coverage is VND 100 million.
Thus, when an employee is dead due to a covered labor accident arising from construction on the construction site, the insurer shall pay amounts agreed upon between the construction contractor and the employee's legal representative, including the following payments:
- The allowance for leaving work during the treatment period prescribed by the treating doctor which is calculated based on the employee’s salary according to the employment contract but not exceeding 6 months' salary in each insured event.
- Actual medical expenses including emergency expenses, necessary and reasonable inpatient and outpatient treatment expenses.
- In case the employee has a working capacity impairment of less than 81%, the specific coverage rate for each type of injury or damage to life shall be determined according to the Schedule of compulsory insurance indemnities for construction site personnel according to Annex VII enclosed herewith.
- In case the employee is dead or has a working capacity impairment of 81% or more, the insurer shall pay VND 100 million to one employee in one case.
Note: The total insurance indemnity as prescribed at Points a, b, c and dd shall not exceed VND 100 million per employee per case in case the maximum coverage is VND 100 million.
What are the documents proving that the employee is injured or dead due to a labor accident in Vietnam?
According to the provisions of Clause 3, Article 53 of Decree 67/2023/ND-CP on insurance compensation documents as follows:
Applications for indemnification
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3. Documents proving that the employee is injured or dead due to a labor accident (Certified true copy from the original or copy verified by the insurer after being compared with the original):
a) A record of labor accident investigation made by a competent agency in accordance with law (if any). In case the employee is involved in a traffic accident which is determined to be a labor accident, there must be a traffic accident record or a scene investigation record and a diagram of the scene of the traffic accident prepared by competent agencies in accordance with law.
b) Depending on the extent of damage to life, one or more of the following documents may be included: Written proof of injury; hospital discharge paper; Certificate of surgery; Medical record; Extract of death certificate or death notice or written certification of a police agency or examination results of a forensic examination agency.
c) A minute of assessment of the level of working capacity impairment made by the Medical Assessment Council in case the employee has a working capacity impairment of 5% or more (if any).
d) Valid invoices and vouchers of healthcare facilities proving the employee's treatment of injury caused by a labor accident.
...
Thus, documents proving that the employee is injured or dead due to a labor accident include:
- A record of labor accident investigation made by a competent agency in accordance with law (if any).
Note: In case the employee is involved in a traffic accident which is determined to be a labor accident, there must be a traffic accident record or a scene investigation record and a diagram of the scene of the traffic accident prepared by competent agencies in accordance with law.
- Depending on the extent of damage to life, one or more of the following documents may be included:
+ Written proof of injury;
+ Hospital discharge paper;
+ Certificate of surgery;
+ Medical record;
+ Extract of death certificate or death notice or written certification of a police agency or examination results of a forensic examination agency.
- A minute of assessment of the level of working capacity impairment made by the Medical Assessment Council in case the employee has a working capacity impairment of 5% or more (if any).
- Valid invoices and vouchers of healthcare facilities proving the employee's treatment of injury caused by a labor accident.
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