Entitled to Occupational Accident Benefits for Accidents Occurring During Break Time?
Are Employees Entitled to Occupational Accident Benefits if Injured During Break Time?
Pursuant to Article 45 of the 2015 Law on Occupational Safety and Hygiene, employees participating in occupational accident and disease insurance are entitled to occupational accident benefits if the following conditions are met:
- The accident occurs in one of the following cases:
a) At the workplace and during working hours, including when performing necessary personal activities at the workplace or during working hours as permitted by the Labor Code and the internal regulations of the production or business establishment, including breaks, meal times, alimentation, menstrual hygiene, bathing, breastfeeding, and restroom usage;
b) Outside the workplace or outside working hours while performing tasks at the request of the employer or a person authorized in writing by the employer to manage the labor directly;
c) On the route from home to the workplace or vice versa within a reasonable time and route;
A reduction in labor capacity of 5% or more due to an accident as specified in Clause 1 of this Article;
Employees are not entitled to benefits paid by the Occupational Accident and Disease Insurance Fund if the accident is caused by one of the reasons specified in Clause 1, Article 40 of this Law.
Thus, under these regulations, if you are injured during break time, you are still entitled to occupational accident benefits provided you meet the above conditions.
When Are Employees Not Entitled to Occupational Accident Benefits from the Employer?
Pursuant to Article 40 of the 2015 Law on Occupational Safety and Hygiene, employees are not entitled to benefits from the employer when injured in the following cases:
- Employees are not entitled to benefits from the employer as specified in Articles 38 and 39 of this Law if the accident is caused by one of the following reasons:
a) Due to a conflict between the victim and the person causing the accident that is unrelated to the performance of labor tasks or duties;
b) Due to the employee intentionally harming their health;
c) Due to using drugs or other narcotic substances contrary to legal regulations.
- The Minister of Labor, War Invalids, and Social Affairs shall specify this Article in detail.
Respectfully!
