Currently, the policies on occupational accidents and occupational diseases are no longer stipulated in the Law on Social Insurance 2014 but are instead specifically regulated in the Law on Occupational Safety and Hygiene 2015.
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Based on the Occupational Safety and Health Law 2015, workers who meet the conditions for labor accident benefits are entitled to the following allowances:
1. Lump-sum Allowance
Workers with a reduction in working capacity from 5% to 30% are entitled to a lump-sum allowance.
Allowance Rate: A 5% reduction in working capacity entitles the worker to five times the statutory pay rate; for each additional 1% reduction, the worker is entitled to an additional 0.5 times the statutory pay rate.
2. Monthly Allowance
Workers with a reduction in working capacity of 31% or more are entitled to a monthly allowance.
Allowance Rate: A 31% reduction in working capacity entitles the worker to 30% of the statutory pay rate; for each additional 1% reduction, the worker is entitled to an additional 2% of the statutory pay rate.
3. Allowance Based on the Number of Years Contributed to the Occupational Accident and Disease Insurance Fund (Received in conjunction with the lump-sum allowance/monthly allowance)
Allowance Rate: For up to one year, the allowance is calculated as 0.5 month; for each additional year contributed to the fund, an additional 0.3 month of the wage paid into the fund for the month immediately preceding the month of the labor accident or the month the occupational disease is identified is calculated.
In cases where the labor accident occurs in the first month of fund contribution or during interrupted participation that resumes work, the wage used to calculate this allowance is the wage of that specific month.
4. Service Allowance
Workers with a reduction in working capacity of 81% or more who are paralyzed, blind in both eyes, have lost or are paralyzed in two limbs, or have a mental illness, in addition to the monthly allowance, are entitled to a monthly service allowance.
Allowance Rate: Equivalent to the statutory pay rate.
5. Convalescence and Rehabilitation Allowance after Treatment for Injuries, Illness
In the first 30 days after returning to work following stable treatment of injuries, if the worker's health has not yet recovered, the worker is entitled to rest up to: a maximum of 10 days if the reduction in working capacity is 51% or more; a maximum of 7 days if the reduction is between 31% - 50%; a maximum of 5 days if the reduction is between 15% - 30%.
Allowance Rate: During these rest days, the worker is entitled to an allowance of 30% of the statutory pay rate per day.
6. Allowance when the Worker Dies due to Labor Accidents, Occupational Diseases
The worker’s relatives are entitled to a lump-sum allowance when the worker dies and are entitled to death benefits in accordance with the Social Insurance Law.
Allowance Rate: 36 times the statutory pay rate at the month the worker dies.
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