How much percentage of work capacity reduction due to occupational accidents is eligible for a one-time allowance?
Under what circumstances are employees not eligible for workplace accident compensation from the company?
According to Article 40 of the Law on Occupational Safety and Hygiene 2015, which stipulates cases in which an employee is not entitled to policies from the employer when experiencing a workplace accident, specifically as follows:
Instances where employees do not receive policies from the employer in case of workplace accidents
1. Employees are not entitled to receive policies from the employer, as stipulated in Articles 38 and 39 of this Law, if the accident occurs due to one of the following reasons:
a) Due to a conflict between the victim and the person causing the accident, unrelated to the performance of work or labor duties;
b) Due to the employee intentionally self-injuring;
c) Due to the use of drugs or other substances prohibited by law.
2. The Minister of Labor, Invalids, and Social Affairs shall detail this Article.
Therefore, based on these provisions, employees are not eligible for workplace accident compensation from the company in the following cases:
- Due to a conflict between the victim and the person causing the accident, unrelated to the performance of work or labor duties.
- Due to the employee intentionally self-injuring.
- Due to the use of drugs or other substances prohibited by law.
How much disability percentage due to a workplace accident is required to qualify for a one-time allowance?
Under what circumstances can an employee injured in a workplace accident have their disability reassessed?
According to Article 47 of the Law on Occupational Safety and Hygiene 2015, which stipulates the assessment of diminished labor capability as follows:
Assessment of diminished labor capability
1. Employees suffering from workplace accidents or occupational diseases shall have their diminished labor capability assessed or reassessed under one of the following circumstances:
a) After the first instance of injury or illness has been treated and stabilized, leaving sequelae affecting health;
b) After relapse of injury or illness has been treated and stabilized;
c) In cases of injury or occupational disease that cannot be treated stably according to regulations of the Minister of Health, the employee shall undergo assessment procedures before or during the treatment process.
2. Employees shall undergo comprehensive assessment of diminished labor capability under one of the following cases:
a) Incurring both workplace accidents and occupational diseases;
b) Experiencing multiple workplace accidents;
c) Suffering from multiple occupational diseases.
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Employees injured in a workplace accident are reassessed for diminished labor capability in the following circumstances:
- After the first instance of injury or illness has been treated and stabilized, leaving sequelae affecting health.
- After relapse of injury or illness has been treated and stabilized.
- For injuries or occupational diseases that cannot be treated stably, the employee shall undergo assessment procedures before or during the treatment process.
How much disability percentage due to a workplace accident is required to qualify for a one-time allowance?
According to Article 48 of the Law on Occupational Safety and Hygiene 2015, which stipulates the conditions for a one-time allowance as follows:
One-time allowance
1. Employees suffering from diminished labor capability ranging from 5% to 30% are entitled to a one-time allowance.
2. The one-time allowance is stipulated as follows:
a) A 5% decrease in labor capability entitles one to five times the statutory pay rate, with an additional 0.5 times the statutory pay rate for each subsequent 1% decrease;
b) Besides the allowance specified in point a of this clause, employees are also entitled to an additional allowance based on the number of years contributed to the occupational accident and disease insurance fund. For contributions up to one year, the allowance is calculated as 0.5 months; for each subsequent year of contributions, 0.3 months of the salary used as a basis for the insurance contribution of the month immediately before the accident or diagnosis of occupational disease. In cases of workplace accidents occurring in the first month of contributions, or after a period of interrupted contributions, the salary basis is that of the same month when the accident happened or the disease was diagnosed.
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Therefore, employees who suffer from a diminished labor capability ranging from 5% to 30% due to a workplace accident are entitled to a one-time allowance as stipulated by law.
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