What is the one-time occupational accident and disease allowance for workers in 2024?

What is the one-time occupational accident and disease compensation rate for employees in 2024?

Based on Clause 1, Article 9 of Circular 28/2021/TT-BLDTBXH, the calculation method for one-time occupational accident and disease compensation is prescribed as follows:

One-time compensation for occupational accidents and diseases for employees assessed with a first-time reduction in work capability

1. The one-time compensation for occupational accidents and diseases as stipulated in Clause 2, Article 48 of the Law on Occupational Safety and Hygiene is calculated as follows:

One-time compensation rate

= Compensation rate based on the reduction in work capability + Compensation rate based on the number of years of contribution to the occupational accident and disease insurance fund

= {5 x Lmin + (m-5) x 0.5 x Lmin} + {0.5 x L + (t-1) x 0.3 x L}

Where:

- Lmin: statutory pay rate at the time of entitlement.

- m: level of reduction in work capability due to occupational accidents or diseases (absolute number 5 ≤ m ≤ 30).

- L: The salary amount used for insurance contributions to the occupational accident and disease fund as stipulated in Clause 7, Article 11 of Decree No. 88/2020/ND-CP.

- t: The total number of years of insurance contributions to the occupational accident and disease fund as stipulated in Clause 6, Article 11 of Decree No. 88/2020/ND-CP.

Moreover, according to Clause 2, Article 3 of Decree 24/2023/ND-CP, the current statutory pay rate is stipulated as follows:

Statutory Pay Rate

2. From July 1, 2023, the statutory pay rate is 1,800,000 VND/month.

Hence, the one-time occupational accident and disease compensation for employees assessed with a first-time reduction in work capability in 2024 is calculated as follows:

One-time compensation rate = Compensation rate based on the reduction in work capability + Compensation rate based on the number of years of contribution to the occupational accident and disease insurance fund

Where:

- The compensation rate based on the reduction in work capability is calculated as:

Compensation rate = 5 x 1,800,000 + (m-5) x 0.5 x 1,800,000

With m being the reduction in work capability level due to occupational accidents or diseases, absolute number 5 ≤ m ≤ 30.

- The compensation rate based on the number of years of contribution to the occupational accident and disease insurance fund is calculated as:

Compensation rate = 0.5 x L + (t-1) x 0.3 x L

With L being the salary used for insurance contributions to the occupational accident and disease fund, and t being the total number of years of insurance contributions to the occupational accident and disease fund.

What is the one-time occupational accident and disease compensation rate for employees in 2024? (Image from the Internet)

When is the period to implement the one-time occupational accident and disease compensation?

Based on Article 7 of Circular 28/2021/TT-BLDTBXH, the timeline for implementing compensation and benefits is prescribed:

Timeline for implementing compensation and benefits

1. The employer’s decision on compensation and benefits for an employee who has experienced an occupational accident or disease must be completed within 5 working days from the date of receiving the medical assessment report from the Medical Assessment Council regarding the reduction in work capability for severe occupational accident cases or the date the Provincial or Central Labor Accident Investigation Team holds a meeting to announce the Labor Accident Investigation Report at the facility for fatal occupational accident cases.

2. Compensation and benefits must be paid in a lump sum to the employee or their next of kin within 5 days from the date the employer issues the compensation and benefits decision.

Thus, the period to implement the one-time occupational accident and disease compensation is 5 days from the date the employer issues the compensation and benefits decision.

Table for calculating compensation and benefits from the employer to employees suffering from occupational accidents and diseases?

Based on Appendix 1 issued with Circular 28/2021/TT-BLDTBXH, the table for calculating compensation and benefits from the employer to employees suffering from occupational accidents and diseases is as follows:

Respectfully!