If an employee has a stroke at work, is it considered an occupational accident? In case of death due to an occupational accident, what benefits are entitled to?
- What is occupational accident?
- Is occupational accident eligible to apply to the case of an employee having a stroke at work?
- What are the responsibilities of employers to employees suffering from occupational accidents or occupational diseases?
- Is the employee who suffered a stroke resulting in death entitled to the occupational accident benefits?
What is occupational accident?
Pursuant to Clause 8 Article 3 of the Law on Occupational Safety and Hygiene 2015 of Vietnam on occupational accident:
“8. Occupational accident means an accident that causes injuries to any bodily part and function of an employee or causes death, and occurs during the course of work, in connection with their performance of a job or a task.”
If an employee has a stroke at work, is it considered an occupational accident?
Is occupational accident eligible to apply to the case of an employee having a stroke at work?
Article 40 of the Law on Occupational Safety and Hygiene 2015 of Vietnam stipulates c cases in which occupational accident benefit are rejected by employers:
“Article 40. Cases in which occupational accident benefit are rejected by employers
1. An employee shall not receive occupational accident benefits prescribed in Article 38 and Article 39 of this Law from the employer if the accident is caused by one of the following reasons:
a) Conflict between the employee and the person causing the accident not relating their works or tasks;
d) The employee deliberately ruins their own health;
c) The employee uses drugs or other narcotic substances against of law.
2. The Minister of Labor, War Invalids and Social Affairs shall provide guidance on this Article.”
Thus, if the employee has a stroke and does not fall into one of the above cases, it is still considered an occupational accident.
What are the responsibilities of employers to employees suffering from occupational accidents or occupational diseases?
Pursuant to Article 38 of the Law on Occupational Safety and Hygiene 2015 of Vietnam on responsibilities of employers to employees suffering from occupational accidents or occupational diseases:
- Promptly give first aid and emergency aid to the employee and advance payment for first aid, emergency aid, and treatment for the employee;
- Pay for first aid, emergency aid, and treatment for the employee until their health become stable, including:
+ Co-payment and costs not covered by health insurance for the employee if the employee has health insurance;
+ Payment for medical assessment of decreased work capacity if the employee’s working capacity decreases by under 5% as concluded by the Medical Examination Council;
+ Full payment for treatment for the employee if the employee has not heath insurance;
- Pay full salary for the employee if he/she is absent from work during the treatment and health rehabilitation period;
- The employer shall pay compensation for the employee suffering from occupational accident that is not entirely his/her fault and the employee suffering occupational disease as follows:
+ At least 1.5 months’ salary for the employee whose working capacity decrease is between 5% and 10%; 0.4 month’s salary shall be add for each additional 1% working capacity decrease regarding the employee whose working capacity decrease is between 11% and 80% ;
+ At least 30 months’ salary for the employee working capacity decrease is at least 81% or for the employee’s relatives if the employee dies from an occupational accident or an occupational disease;
- Provide the employee suffering from the occupational accident with a benefit of at least 40% of the amount prescribed in Clause 4 of this Article if the accident is entirely his/her fault;
- Recommend the employee for medical assessment of decreased work capacity, treatment, convalescence and health rehabilitation as prescribed;
- Pay compensation or benefit for the victim within 05 days, from the date on which the conclusion on working capacity rate made by Medical Examination Council or from the date on which the report on investigation into the occupational accident published by the investigation group in relation to occupational accidents causing deaths;
- Assign works appropriate for the employee’s health according to the conclusion of Medical Examination Council after treatment and health rehabilitation if the employee keeps working;
- File a claim for the insurance benefits from the Insurance fund as prescribed in Section 3 of this Chapter;
- The salary used as the basis for compensation, benefits, or salaries paid for employees absent from work due to their occupational accidents or occupational diseases prescribed in Clauses 3, 4 and 5 of this Article shall include salary, allowances and additional payments as prescribed in legislation on labor.
- The Minister of Labor, War Invalids and Social Affairs shall provide guidance on Clauses 3, 4, and 5 of this Article.
Is the employee who suffered a stroke resulting in death entitled to the occupational accident benefits?
Pursuant to Article 53 of the Law on Occupational Safety and Hygiene 2015 of Vietnam on benefit upon death due to occupational accidents or occupational diseases:
“Article 53. Benefit upon death due to occupational accidents or occupational diseases
If an employee dies from an occupational accident or an occupational disease, his/her relatives shall be entitled to a lump-sum benefit which is thirty six times more than the basic salary determined in the month in which he/she dies and enjoy survivor benefits as prescribed in Law on Social insurance if the employee is in one of the following cases:
1. The employee dies from an occupational accident or an occupational disease;
2. The employee dies from an occupational accident or an occupational disease after the first treatment;
3. The employee dies during the treatment period without assessment of decreased work capacity.
Documents on survivor benefits from deaths of employees from occupational accidents or occupational diseases shall comply with Clause 1 Article 111 of Law on Social insurance.”
In addition to the above benefits which applies to cases where it is determined that the employee who suffered a stroke resulting in death as an occupational accident, that person is also entitled to the death benefit according to Articles 66, 67, 68, 69 and 70 of the Law on Insurance 2014 of Vietnam on funeral allowances, monthly survivorship allowance and lump-sum survivorship allowance.
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