What Employers Should Do When a Workplace Accident Occurs

1. Reporting of Occupational Accidents

Upon receiving information about a work-related accident that results in death or serious injury to two or more employees, the employer is responsible for reporting to:

- The Department of Labor - Invalids and Social Affairs Inspectorate where the accident occurred;- The district-level police department (county, district, district-level town, city under provincial jurisdiction, city under the central government): In cases where there is a fatality.

For accidents and incidents occurring in the fields of radiation, oil and gas exploration and exploitation, rail, waterway, roadway, and aviation transport, and units under the people's armed forces, the employer is responsible for reporting as prescribed by specialized laws.

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2. Investigation of Occupational Accidents

The employer must establish an investigative team to investigate occupational accidents that result in minor injuries or serious injuries to one employee under their management.

Investigation timeline for occupational accidents: No more than 04 days for accidents causing minor injuries to employees; No more than 07 days for accidents causing serious injuries to one employee.

After completing the investigation, the employer must announce the investigation report and publicly disclose information about the occupational accident.

3. Implementation of Occupational Accident Policies

The occupational accident regime of the employer comprises direct policies aimed at supporting and compensating for the injuries caused by occupational accidents and facilitating health recovery to help employees return to work. The employer’s responsibilities include:

- Timely first aid, emergency care, and advance payment of first aid, emergency, and treatment costs for the employee;- Payment of medical expenses from first aid and emergency care to stable treatment, including:- Payment of shared costs and expenses not covered by health insurance for employees participating in health insurance;- Payment for the labor capacity decline assessment fee for cases concluding a labor capacity decline under 5%, where the employer referred the employee for assessment at the Medical Examination Council;- Full payment of medical expenses for employees not participating in health insurance;- Full payment of wages for employees during the treatment and labor capacity recovery period;- Compensation to employees injured in occupational accidents not entirely due to their own fault at the following rates:- At least equal to 1.5 months' salary for a 5% - 10% labor capacity decline; thereafter, each additional 1% receives an additional 0.4 months' salary for a labor capacity decline from 11% - 80%;- At least 30 months' salary for employees with an 81% or higher labor capacity decline or for the relatives of employees who died due to occupational accidents or occupational diseases;- Allowance to employees injured due to their own fault at a minimum of 40% of the above compensation rate, corresponding to the labor capacity decline;- Referral for employees injured in occupational accidents or suffering occupational diseases for medical examination to determine the degree of labor capacity decline, treatment, nursing, and labor capacity recovery as prescribed by law;- Perform compensation, allowances for victims of occupational accidents, and occupational diseases within 05 days from the Medical Examination Council's conclusion on the labor capacity decline level or from the date the Occupational Accident Investigation Team announces the investigation report for fatal occupational accidents;- Arrange suitable work for employees with occupational accidents or diseases after treatment, labor capacity recovery, based on the Medical Examination Council’s conclusions if they continue to work;- Prepare a file for enjoying the policy on occupational accidents, and occupational diseases from the Occupational Accident and Disease Insurance Fund.

More details can be found in Law on Occupational Safety and Hygiene 2015 effective from July 01, 2016.

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