Employees are not entitled to occupational accident benefits from the company in which cases?
In which cases are employees not entitled to occupational accident compensation from the company?
Pursuant to Article 40 of the Law on Occupational Safety and Hygiene 2015, the cases where employees are not entitled to policies from the employer in the event of an occupational accident are specified as follows:
Cases where employees are not entitled to policies from the employer in the event of an occupational accident
1. Employees are not entitled to policies from the employer stipulated in Articles 38 and 39 of this Law if the accident is caused by one of the following reasons:
a) Due to conflicts between the victim and the person causing the accident that are not related to the performance of work or labor duties;
b) Due to the employee intentionally self-harming;
c) Due to using drugs or other narcotics contrary to legal regulations.
2. The Minister of Labor, Invalids and Social Affairs shall provide detailed regulations on this Article.
Based on the above regulations, employees are not entitled to occupational accident compensation from the company in the following cases:
- Due to conflicts between the victim and the person causing the accident that are not related to the performance of work or labor duties.
- Due to the employee intentionally self-harming.
- Due to using drugs or other narcotics contrary to legal regulations.
In which cases are employees not entitled to occupational accident compensation from the company?
What are the responsibilities of the enterprise towards employees who have occupational accidents?
The employer's responsibilities towards employees who have occupational accidents or occupational diseases are as follows (as stipulated in Article 38 of the Law on Occupational Safety and Hygiene 2015):
- Promptly provide first aid and emergency care for employees suffering from occupational accidents and must advance the cost of first aid, emergency care, and treatment for employees suffering from occupational accidents or occupational diseases.
- Pay medical expenses from first aid, emergency care to stabilization treatment for victims of occupational accidents or occupational diseases as follows:
+ Pay the co-payment part and the costs not covered by health insurance for employees participating in health insurance.
+ Pay the examination cost to determine the labor capacity reduction rate for cases concluded to be under 5% due to the employer introducing the employee to the Medical Assessment Council.
+ Pay all medical expenses for employees not participating in health insurance.
- Pay full salary for employees suffering from occupational accidents or occupational diseases who must take leave during treatment and functional rehabilitation.
- Compensate employees suffering from occupational accidents not entirely caused by their fault and employees with occupational diseases as follows:
+ At least 1.5 months of salary if the labor capacity reduction is from 5% to 10%; then for each additional 1%, add 0.4 months of salary if the labor capacity reduction is from 11% to 80%.
+ At least 30 months of salary for employees with a labor capacity reduction of 81% or more or for the relatives of employees who died due to occupational accidents or occupational diseases.
- Provide an allowance to employees who suffer from occupational accidents caused by their fault with an amount of at least 40% of the compensation level stipulated in clause 4, Article 38 of the Law on Occupational Safety and Hygiene 2015 with a corresponding labor capacity reduction rate.
- Introduce employees suffering from occupational accidents or occupational diseases to medical assessment to determine the labor capacity reduction rate, treatment, convalescence, and functional rehabilitation according to legal regulations.
- Implement compensation and support for victims of occupational accidents or occupational diseases within 5 days from the date of the conclusion by the Medical Assessment Council regarding the labor capacity reduction rate or from the date when the Occupational Accident Investigation Team announces the occupational accident investigation report for fatal occupational accidents.
- Arrange suitable work according to the health assessment conclusion of the Medical Assessment Council for employees who have suffered from occupational accidents or occupational diseases after treatment and functional rehabilitation if they continue to work.
- File for policies on occupational accidents, occupational diseases from the Occupational Accident and Occupational Disease Insurance Fund as stipulated in Section 3, Chapter III of the Law on Occupational Safety and Hygiene 2015.
- The salary basis for implementing compensation policies, support, and salary for employees taking leave due to occupational accidents or occupational diseases as stipulated in clauses 3, 4, and 5, Article 38 of the Law on Occupational Safety and Hygiene 2015 includes the wage, wage allowances, and other additional amounts implemented according to labor law regulations.
Is the time for medical assessment to determine labor capacity reduction due to occupational accidents counted in salary?
Pursuant to Article 58 of Decree 145/2020/ND-CP, the regulation is as follows:
Working time entitled to salary
1. Break times stipulated in clause 2, Article 64 of this Decree.
2. Rest times according to the nature of the work.
3. Necessary rest times during the labor process accounted for in the labor norms for the natural physiological needs of humans.
4. Rest times for female workers during pregnancy or nursing children under 12 months, and during menstruation as stipulated in clauses 2 and 4, Article 137 of the Labor Code.
5. Times of work stoppages not caused by the fault of the employees.
6. Times of meetings, training as required by the employer or agreed to by the employer.
7. Times apprentices or trainees participate directly in work as stipulated in clause 5, Article 61 of the Labor Code.
8. Times when employees who are members of the executive committee of the representative organization at the grassroots level perform their duties as stipulated in clauses 2 and 3, Article 176 of the Labor Code.
9. Times of health check-ups, occupational disease examinations, medical assessments to determine labor capacity reduction due to occupational accidents, occupational diseases, if performed as arranged or required by the employer.
10. Times of registration, medical examination, and health checks for military service obligations, if those times are entitled to full salary according to the law on military service obligations.
According to this regulation, the time employees spend on medical assessment to determine labor capacity reduction due to occupational accidents is counted towards their salary.
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