Laborers Working on Construction Sites Who Are Injured, Disabled, or Die Due to Work Accidents or Occupational Diseases Will Be Compensated for Which Expenses?
Which expenses will be covered for workers on construction sites suffering from injuries or death due to occupational accidents or diseases?
Article 52 of Decree 67/2023/ND-CP stipulates the principles of insurance compensation as follows:
Principles of Insurance Compensation
Insurance enterprises shall review and resolve insurance compensation according to the provisions of law on insurance business and the following principles:
1. In case of occupational accidents or diseases affecting workers on construction sites, the policyholder shall cooperate with the insurer to resolve insurance compensation as follows:
a) Immediately notify the insurer by communication means and then notify in writing within 14 days from the occurrence of the occupational accident or disease affecting the worker on the construction site.
b) Take all measures within their capacity to minimize damages.
c) Implement or allow the insurer to implement necessary actions or measures or as requested by the insurer to protect the rights that the insurer is entitled to after compensating for damages under the responsibility of the insurance contract as stipulated by this Decree.
2. When an occupational accident or disease affects a worker on the construction site, the insurer guides the policyholder and cooperates with related entities to collect full documents to establish the compensation dossier; determine the cause and extent of damage.
3. When workers are injured or die due to occupational accidents or diseases occurring while performing work on the construction site under insurance responsibility, the insurer will pay the agreed amounts between the contractor and the worker or their legal representative (in case of death), including the following amounts:
a) Work leave allowance during the treatment period as indicated by the attending doctor, based on the salary level according to the labor contract, but not exceeding 6 months' salary for each insurance event.
b) Actual medical expenses, including: emergency costs, necessary and reasonable inpatient and outpatient treatment expenses.
c) In case the worker's labor capacity is reduced by less than 81%, specific compensation for each type of injury or damage is determined according to the Table of compulsory insurance compensation rates for workers on construction sites as per Appendix VII issued with this Decree.
d) In case the worker dies or their labor capacity is reduced by 81% or more, the insurer will pay 100 million VND per person per incident.
The total insurance compensation according to points a, b, c, and d of this clause shall not exceed 100 million VND per person per incident in cases participating within the insurance liability limit of 100 million VND.
4. In case the occupational accident occurs or the occupational disease arises causing injury to the worker and this injury is aggravated by previous injuries or diseases, the insurer is not responsible for compensating for the aggravated part.
Thus, when workers on construction sites are injured or die due to occupational accidents or diseases, they will be compensated as follows:
(1) Work leave allowance:
The treatment period indicated by the attending doctor is based on the salary level according to the labor contract but does not exceed 6 months' salary per insurance event.
(2) Actual medical expenses include:
+ Emergency costs;
+ Necessary and reasonable inpatient and outpatient treatment expenses.
- If the worker's labor capacity is reduced by less than 81%, specific compensation for each type of injury or damage is determined according to the Table of compulsory insurance compensation rates for workers on construction sites as per Appendix 7 issued with Decree 67/2023/ND-CP.
- If the worker dies or their labor capacity is reduced by 81% or more, the insurer will pay 100 million VND per person per incident.
Note: The total insurance compensation in the aforementioned payments does not exceed 100 million VND per person per incident in cases participating within the insurance liability limit of 100 million VND.
Which expenses will be covered for workers on construction sites suffering from injuries or death due to occupational accidents or diseases?
What is the duration of mandatory insurance coverage for workers on construction sites?
Article 50 of Decree 67/2023/ND-CP stipulates the insurance duration as follows:
Insurance Duration
1. The mandatory insurance duration for workers on construction sites starts from the day they begin work on the construction site until the end of the project's warranty period as prescribed by law.
2. The specific insurance duration for workers on construction sites is determined based on the labor contract and the confirmation document from the construction contractor regarding the worker's actual working period on the construction site.
Thus, the mandatory insurance duration for workers on construction sites is determined from the day they begin work on the construction site until the end of the project's warranty period.
What are the required documents for mandatory insurance compensation for workers on construction sites?
Article 53 of Decree 67/2023/ND-CP stipulates that the required documents for mandatory insurance compensation for workers on construction sites include:
- Written request for compensation from the policyholder.
- Documentation related to the insured subject includes:
+ Insurance contract, Insurance certificate, labor contract between the insured and the worker suffering from the occupational accident or disease, timesheet.
+ Documents requesting compensation for occupational accidents or diseases from the worker (if any).
- Authenticated copies from originals or copies certified by the insurer after comparing with the original documents proving that the worker was injured or died due to an occupational accident:
+ Accident investigation records made by competent authorities as prescribed by law (if any). In case the worker suffers a traffic accident and it is determined as an occupational accident, there must be a traffic accident report or a site examination record and site diagram of the traffic accident made by competent authorities as prescribed by law.
+ Depending on the extent of human damage, it may include one or several of the following documents: Injury certificate; Hospital discharge paper; Surgery certificate; Medical records; Death extract or Death notice or confirmation document from the police or forensic examination results from the forensic assessment agency.
+ The medical assessment council's minutes evaluating the worker's reduced labor capacity of 5% or more (if any).
+ Valid invoices, receipts from medical facilities proving the treatment of the worker's injury due to an occupational accident.
- Documents proving that the worker was injured or died due to an occupational disease:
+ Environmental measurement records with harmful factors within the prescribed time made by competent authorities, in cases of multiple individuals, each worker’s record must have an extract (if any).
+ Hospital discharge paper (in case of non-hospital treatment, there must be an occupational disease examination slip) or occupational disease consultation note; Medical records; Death extract or Death notice (in cases of worker death).
+ The medical assessment council's minutes evaluating the worker's reduced labor capacity of 5% or more (if any).
+ Valid invoices, receipts from medical facilities proving the treatment of the worker's injury due to an occupational disease.
- Documents proving the amounts paid by the construction contractor to compensate the worker injured or died due to occupational accidents or diseases within insurance responsibilities.
- Other related documents (if any).
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