Persons who have suffered from occupational accidents may be re-assessed for the degree of work capacity reduction in which cases?
In What Cases Can an Employee with an Occupational Accident Be Reassessed for the Degree of Work Capacity Reduction?
According to Article 47 of the 2015 Law on Occupational Safety and Hygiene which stipulates the reassessment of the degree of work capacity reduction as follows:
Reassessment of the Degree of Work Capacity Reduction
1. Employees who have suffered from occupational accidents or occupational diseases are entitled to an assessment or reassessment of the degree of work capacity reduction under one of the following cases:
a) After the first treatment of injury or illness, if there are any sequelae affecting health;
b) After the injury or illness recurs and has been treated stably;
c) In cases where injuries or occupational diseases cannot be treated stably as prescribed by the Minister of Health, the employee is entitled to proceed with the assessment before or during the treatment process.
2. Employees are entitled to a comprehensive assessment of the degree of work capacity reduction under one of the following cases:
a) Suffering from both occupational accidents and occupational diseases;
b) Suffering from multiple occupational accidents;
c) Suffering from multiple occupational diseases.
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Employees who have suffered from occupational accidents are entitled to a reassessment of their degree of work capacity reduction under the following cases:
- After the initial treatment of injury or illness, if there are sequelae affecting health.- After the injury or illness recurs and has been treated stably.- In cases where injuries or occupational diseases cannot be treated stably, the employee is entitled to proceed with the assessment before or during the treatment process.
In What Cases Can an Employee with an Occupational Accident Be Reassessed for the Degree of Work Capacity Reduction?
Do Employees Benefit from Occupational Accident Insurance Policies if the Accident Was Due to Their Own Negligence?
According to Article 40 of the 2015 Law on Occupational Safety and Hygiene, employees are not entitled to policies from employers in the following cases:
- Employees are not entitled to policies from employers as stipulated in Articles 38 and 39 of the 2015 Law on Occupational Safety and Hygiene if the accident is due to one of the following reasons:
+ Due to conflicts of the victim with the perpetrator not related to job tasks;+ Due to employees deliberately self-harming;+ Due to the use of narcotics or other illegal substances as prescribed by law.
Therefore, according to these regulations, employees who suffer from work accidents due to their own negligence are still entitled to occupational accident insurance, except in cases where the employees deliberately self-harm, in which case they would not benefit.
What Are the Responsibilities of Enterprises Toward Employees Who Suffer from Occupational Accidents?
Employers have responsibilities toward employees who suffer from occupational accidents or occupational diseases as follows (as stipulated in Article 38 of the 2015 Law on Occupational Safety and Hygiene):
- Timely first aid and emergency for employees suffering from occupational accidents, and advance payment for emergency and treatment costs for employees suffering from occupational accidents or occupational diseases.- Payment of medical expenses from first aid, emergency to stable treatment for employees suffering from occupational accidents or occupational diseases as follows:
+ Payment for the co-payment and expenses not covered by health insurance for employees participating in health insurance.+ Payment for health assessment fees to determine the degree of work capacity reduction for cases where the assessment concludes a reduction of less than 5% as directed by the employer.
+ Full payment of medical expenses for employees not participating in health insurance.
- Full wage payment for employees suffering from occupational accidents or occupational diseases who must take leave during treatment and functional rehabilitation.
- Compensation for employees suffering from occupational accidents without any fault of their own and for employees suffering from occupational diseases, with the following levels:
+ At least 1.5 months' salary for a work capacity reduction from 5% to 10%, and an additional 0.4 months' salary for every subsequent 1% reduction from 11% up to 80%.
+ At least 30 months' salary for employees suffering from an 81% or greater work capacity reduction or for relatives of employees who die due to occupational accidents or diseases.
- Payment of an allowance to employees suffering from occupational accidents due to their own fault at a level of at least 40% of the amount stipulated in clause 4 of Article 38 of the 2015 Law on Occupational Safety and Hygiene with corresponding levels of work capacity reduction.
- Referral of employees suffering from occupational accidents or diseases for medical examinations to determine the degree of work capacity reduction, treatment, nursing, and functional rehabilitation according to the law.
- Implementation of compensation or allowance payments to employees suffering from occupational accidents or diseases within 5 days from the date a medical council issues a work capacity reduction conclusion or from the date the labor accident investigation team announces the investigation report for fatal labor accidents.
- Arrangement of work suited to the health of employees suffering from occupational accidents or occupational diseases after treatment and functional rehabilitation if they continue to work.
- Filing for benefits for occupational accidents and diseases from the Occupational Accident and Disease Insurance Fund as defined in Section 3 Chapter III of the 2015 Law on Occupational Safety and Hygiene.
- The salary used as the basis for implementing compensation and allowances, and the wage payment for employees taking leave due to occupational accidents or diseases as stipulated in clauses 3, 4, and 5 of Article 38 of the 2015 Law on Occupational Safety and Hygiene, includes the base salary, salary allowances, and other supplemental amounts in accordance with the labor laws.
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