Accident on the Way Home: Are You Entitled to Workplace Accident Policies?

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According to Clause 8, Article 3 of the 2015 Law on Occupational Safety and Hygiene, a work accident is an accident that causes injury to any part or function of the body or causes the death of a worker, occurring during the labor process, associated with the performance of labor tasks or duties.

Simultaneously, according to Article 45 of the 2015 Law on Occupational Safety and Hygiene on the conditions for enjoying labor accident policies, a worker is entitled to labor accident policies when the following conditions are met:

- The worker has an accident in one of the following cases:- At the workplace and during working hours, including when performing essential personal needs at the workplace or during working hours that the Labor Code and the internal regulations of the production and business establishment allow, such as breaks, mid-shift meals, tangible allowances, menstruation hygiene, showering, breastfeeding, and going to the bathroom.- Outside the workplace or outside working hours when performing work as required by the employer or the person authorized in writing by the employer to directly manage the labor.- On the route from the place of residence to the workplace or from the workplace to the place of residence within a reasonable time and route.

- A reduction of labor capacity by 5% or more.

Note: Workers are not entitled to policies paid by the Labor Accident and Occupational Disease Insurance Fund if the accidents are caused by the following reasons:

- Due to conflicts between the victim and the person causing the accident that are unrelated to the performance of labor tasks or duties.- Due to the worker's intentional self-destruction of health.- Due to the use of drugs or other narcotics contrary to legal regulations.

Therefore, it can be seen that if a worker meets with a traffic accident on their way home, it is not considered a work accident according to the above regulations. As a result, in this case, the Labor Accident and Occupational Disease Insurance Fund will not be responsible for paying labor accident compensation to the worker. However, depending on the policies and financial situation of each company, the employer may additionally support their worker with a certain amount.

- Nguyen Trinh -

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