The Mandatory Insurance Period for Workers at Construction Sites is Determined from Which Point in Time?
From when is the mandatory insurance period determined for workers executing construction on-site?
As stipulated in Article 50 of Decree 67/2023/ND-CP regarding the insurance period:
Insurance Period
1. The mandatory insurance period for workers executing construction on-site begins from the date they start their construction work on-site until the end of the project warranty period as prescribed by law.
2. The specific insurance period for workers executing construction on-site is determined based on the labor contract and the confirmation document from the construction contractor about the actual time the workers have worked on-site.
Thus, the mandatory insurance period for workers executing construction on-site is determined from the date they start their construction work on-site until the end of the project warranty period.
From when is the mandatory insurance period determined for workers executing construction on-site?
What expenses will be covered if a worker executing construction on-site gets injured, dies due to a work accident, or an occupational disease?
Article 52 of Decree 67/2023/ND-CP stipulates principles for insurance compensation as follows:
Principles for Insurance Compensation
The insurance enterprise shall consider and resolve insurance compensation in accordance with the law on insurance business and based on the following principles:
1. In the event of a work accident, occupational disease involving workers executing construction on-site, the policyholder must cooperate with the insurer to solve the insurance compensation as follows:
a) Immediately notify the insurer via communication means, and subsequently, within 14 days from the date of occurrence of the work accident or occupational disease involving the workers executing construction on-site, must notify in writing to the insurer.
b) Take all measures within their capacity to minimize the damage.
c) Implement, allow the insurer to implement the necessary actions and measures or as requested by the insurer to protect the rights which the insurer is entitled to after compensating for damages falling under their insurance liability as per this Decree.
2. In the event of a work accident or occupational disease involving workers executing construction on-site, the insurer shall guide the policyholder, cooperate with the policyholder and the relevant agencies, organizations, and individuals to collect sufficient documents to file a compensation claim; determine cause and extent of damage.
3. When workers are injured, die due to work accidents, occupational diseases arising from performing construction work on-site under insurance liability, the insurer is responsible for paying the amounts as agreed between the construction contractor and the workers or their legal representatives (in case the workers have died), including the following payments:
a) Allowance for time off during the treatment period as prescribed by the treating doctor, calculated 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 costs.
c) In case the worker’s labor capability is reduced by less than 81%, the specific compensation for each type of injury, human damage is determined according to the insurance compensation table for workers executing construction on-site as per Appendix VII attached to this Decree.
d) In case the worker dies or their labor capability is reduced by 81% or more, the insurer will pay 100 million VND per person per event.
The total insurance compensation amount as stipulated in points a, b, c, and d of this clause shall not exceed 100 million VND per person per event for cases participating in the 100 million VND insurance liability limit.
4. In case the work 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 portion.
When a worker executing construction on-site is injured, dies due to a work accident, or an occupational disease, the following expenses will be covered:
(1) Allowance for time off:
The treatment period as prescribed by the treating doctor, calculated based on the salary level according to the labor contract but not exceeding 6 months' salary for each insurance event.
(2) Actual medical expenses including:
+ Emergency costs;
+ Necessary and reasonable inpatient and outpatient treatment costs.
- If the worker’s labor capability is reduced by less than 81%, the specific compensation for each type of injury, human damage is determined according to the insurance compensation table for workers executing construction on-site as per Appendix 7 attached to Decree 67/2023/ND-CP.
- If the worker dies or their labor capability is reduced by 81% or more, the insurer will pay 100 million VND per person per event.
Note: The total insurance compensation amount for the payments above shall not exceed 100 million VND/person/event for cases participating in the 100 million VND insurance liability limit.
What documents are required to file a mandatory insurance compensation claim for workers executing construction on-site?
As stipulated in Article 53 of Decree 67/2023/ND-CP, the documents required to file a mandatory insurance compensation claim for workers executing construction on-site include:
- Written request for compensation from the policyholder.
- Documents related to the insured object include:
+ Insurance contract, Insurance certificate, labor contract signed between the insured person and the worker involved in the work accident, occupational disease, timesheet.
+ Written compensation claims for work accidents, occupational diseases from workers (if any).
- Certified copies from the originals or copies with insurer's confirmation after comparison with the original documents proving the worker was injured or died due to a work accident:
+ Work accident investigation report prepared by competent authorities as per legal regulations (if any). In case the worker was in a traffic accident identified as a work accident, a traffic accident report or on-site examination record and diagram from competent authorities is required as per legal regulations.
+ Depending on the level of damage to the person, one or several of the following documents may be included: Injury certification; Discharge papers; Surgery certification; Medical records; Death certificate extract or Death notice or police confirmation or forensic assessment results.
+ Disability assessment report from the Medical Assessment Council for workers whose labor capability is reduced by 5% or more (if any).
+ Valid invoices and receipts from medical institutions proving treatment expenses for work-related injuries of the worker.
- Documents proving the worker was injured or died due to an occupational disease:
+ Hazardous environment measurement report within the prescribed period prepared by competent authorities. In case the report identifies multiple workers, each worker's file must have an excerpt (if any).
+ Discharge papers (if not treated in a hospital, an occupational disease checkup certificate is required) or occupational disease consultation sheet; Medical records; Death certificate extract or Death notice (if the worker has died).
+ Disability assessment report from the Medical Assessment Council for workers whose labor capability is reduced by 5% or more (if any).
+ Valid invoices and receipts from medical institutions proving treatment expenses for occupational disease-related injuries of the worker.
- Documents proving the amounts that the construction contractor has compensated to workers injured or died due to work accidents, occupational diseases falling under insurance liability.
- Other related documents (if any).
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