Traffic Accident due to Intoxication: Eligibility for Sickness Benefits?
Question:
Involved in a traffic accident due to drunk driving, entitled to illness policies? Under what circumstances are illness policies not resolved?Translation:
Hello Sir/Madam,The other day, my husband went out drinking and got drunk. He was still driving home when he got into an accident. Is he entitled to illness policies, given that he has full insurance participation?Hope for your advice. Thank you.Injured in Traffic Accident due to Drunkenness: Are Sick Leave Policies Applicable?
Based on Article 25 of the 2014 Law on Social Insurance, the conditions for eligibility for sick leave policies are stipulated as follows:
- If an individual is sick or injured (excluding occupational accidents), and must take leave from work, they must have a certification from an authorized healthcare facility as regulated by the Ministry of Health.
In cases where the illness or injury requiring leave is a result of self-inflicted harm, intoxication, or the use of narcotics or precursor substances as listed by the Government of Vietnam, sick leave policies are not applicable.
- Taking leave to care for a child under 07 years old who is sick, with certification from an authorized healthcare facility.
Therefore, according to the above regulations, if your husband is involved in an accident due to drunkenness, he is not eligible for sick leave policies.
Ineligible Cases for Sick Leave Policies
Based on Clause 2, Article 3 of Circular 59/2015/TT-BLDTBXH, the following cases are not eligible for sick leave policies:
a) Workers who are sick or injured and must take leave due to self-inflicted harm, intoxication, or the use of narcotics or precursor substances as listed in the Decree No. 82/2013/ND-CP dated July 19, 2013, by the Government of Vietnam, which issues the list of narcotics and precursor substances, and Decree No. 126/2015/ND-CP dated December 9, 2015, by the Government of Vietnam which amends and supplements the list of narcotics and precursor substances issued under Decree No. 82/2013/ND-CP dated July 19, 2013, by the Government of Vietnam.
b) Workers taking leave for the first treatment due to occupational accidents or occupational diseases.
c) Workers who are sick or injured, but the incident is not an occupational accident, during their annual leave, personal leave, unpaid leave according to labor law regulations; or leave to enjoy maternity policies according to social insurance law.
Sincerely!
