1. When is it considered an occupational accident?
According to the provisions of the Law on Occupational safety and Hygiene of Vietnam, it is considered as an occupational accident when meeting two factors:
- The accident that causes injuries to any bodily part and function of an employee or causes death;
- The accident must occur during the course of work, in connection with their performance of a job or a task.
Article 43 of the Law on Occupational safety and Hygiene stipulates employees receiving the insurance benefits as follows:
- Employees subject to compulsory social insurance as prescribed in Point a, b, c, d, dd, e and h Clause 1 Article 2.
- Employers as prescribed in Clause 3 Article 2 of the Law on Social Insurance.
Requirements for receiving occupational accident benefit are as follows:
- He/she has an accident:
+ At the workplace and during the working time, even if he/she does necessary daily activities at the workplace or during the working time as prescribed in the Labor Code and internal regulations of the business entity, including break time, mid-shift meal, in-kind meal, menstrual hygiene, bathing, breastfeeding or personal hygiene;
+ Outside the workplace or beyond working time when he/she does works assigned by their employer or the person authorized by the employer;
+ On the route between home and work within a reasonable period of time and route;
- He/she suffers a working capacity decrease of at least 5% caused by an accident;
- The employee will not be covered by the Insurance fund if he/she has an accident caused by one of the reasons prescribed in Clause 1, Article 40 of the Law on Occupational Safety and Health.
2. Benefit for cases of occupational accident.
According to the provisions of Article 38 of the Law on Occupational safety and Hygiene, when an occupational accident occurs, the employee is entitled to the following benefits:
- To be paid 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;
- To be paid full salary for the employee if he/she is absent from work during the treatment and health rehabilitation period;
- To be compensated 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;
- To receive a benefit of at least 40% of the amount prescribed in Clause 4 of Article 38 of Law on Occupational safety and Hygiene if the accident is entirely his/her fault with a corresponding decrease in working capacity;
- To receive compensation and benefits 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;
In addition, employees are also recommended the employee for medical assessment of decreased work capacity, treatment, convalescence and health rehabilitation as prescribed in the law; assigned 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;
Employers are responsible for 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.
An employee whose health has not yet recovered after taking treatment of occupational diseases or injuries within 30 days after returning to work is entitled to a leave of between 5 days and 10 days for convalescence and health rehabilitation for each time that occupational accident or occupational disease occurs.
An employee shall not receive occupational accident benefits from the employer if the accident is caused by one of the following reasons:
- Conflict between the employee and the person causing the accident not relating their works or tasks;
- The employee deliberately ruins their own health;
- The employee uses drugs or other narcotic substances against of law.
>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE