Compensation for labor accidents and occupational diseases from March 1, 2022

Compensation for occupational accidents and diseases from March 1, 2022 (Illustration image)

1. Cases of compensation for labor accidents and occupational diseases

According to Clause 1, Article 3 of Circular 28/2021/TT-BLDTBXH , cases of workers' compensation include:

- The employee suffers an occupational accident that reduces his working capacity by 5% or more or dies due to an occupational accident that is not entirely due to the fault of this employee;

Except for cases where the employee suffers an occupational accident that reduces his working capacity by 5% or more or the employee's family member dies due to an occupational accident and is entitled to the occupational accident allowance, if the cause is occupational accident occurred entirely due to the fault of the injured worker (according to the conclusion of the occupational accident investigation report).

(Compared to the present, additional cases of excluding relatives of employees who die due to occupational accidents are entitled to occupational accident allowance)

- The employee suffers from an occupational disease that reduces his working capacity by 5% or more or dies due to an occupational disease while working for the employer, or before retirement, before quitting, before working for the employer. when moving to work for another employer (excluding cases where the employee has an occupational disease caused by doing jobs or work for another employer).

2. Principles of compensation for occupational accidents and diseases

Compensation for occupational accidents and diseases must comply with the principles specified in Clause 2, Article 3 of Circular 28/2021/TT-BLDTBXH , specifically:

- Once an occupational accident occurs, compensation shall be made for that time, without accumulating accidents that have occurred from previous times;

- Compensation for employees suffering from occupational diseases shall comply with the following provisions:

+ The first time is based on the level (%) of working capacity decrease (body injury rate) in the first examination;

+ From the second time onwards, based on the increase (%) of working capacity decrease to compensate for the difference (%) of working capacity decrease compared with the results of the previous assessment.

3. Compensation levels for occupational accidents and diseases

Pursuant to Clause 3, Article 3 of Circular 28/2021/TT-BLDTBXH , the compensation level for persons suffering from occupational accidents and diseases is calculated as follows:

- At least equal to 30 months' salary for employees whose working capacity is reduced by 81% or more or for employees' relatives who die due to occupational accidents or diseases.

- At least equal to 1.5 months' salary for employees whose working capacity is reduced from 5% to 10%; if having a working capacity decrease from 11% to 80%, for every 1% increase, 0.4 months' salary will be added according to the formula below or according to the table in Appendix I issued together with Circular 28/ 2021/TT-BLDTBXH :

Tbt = 1.5 + {(a - 10) x 0.4}

In there:

+ Tbt: Compensation level for people with working capacity reduction of 11% or more (unit: monthly salary);

+ 1.5: Compensation for working capacity decrease from 5% to 10%;

+ a: Level (%) of decrease in working capacity of the person suffering from an occupational accident or disease;

+ 0.4: The compensation coefficient for working capacity decline increases by 1%.

Eg:

- Mr. A suffers from an occupational disease, the first health assessment determined that the decrease in working capacity is 15%. The first time compensation for Mr. A is calculated as follows:

Tbt = 1.5 + {(15 - 10) x 0.4} = 3.5 (monthly salary).

- Periodically, when Mr. A undergoes a second health assessment, the decrease in working capacity is determined to be 35% (the decrease in working capacity has increased by 20% compared to the first time). The second compensation level for Mr. A is:

Tbt = 20 x 0.4 = 8.0 (monthly salary).

Circular 28/2021/TT-BLDTBXH takes effect from March 1, 2022 and replaces Circular 04/2015/TT-BLDTBXH .

Jewel

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