Dossier of compensation and benefits for occupational accidents and diseases

From March 1, 2022, dossiers of compensation for occupational accidents, occupational diseases and allowances for occupational accidents shall comply with the provisions of Circular 28/2021/TT-BLDTBXH .

Dossier of compensation and benefits for occupational accidents and diseases

Dossier of compensation and benefits for occupational accidents and diseases (Illustration image)

1. Dossier of compensation and benefits for occupational accidents

According to Clause 1, Article 6 of Circular 28/2021/TT-BLDTBXH , for employees entitled to compensation and benefits for occupational accidents, the employer is responsible for making a dossier including the following documents. :

- Minutes of occupational accident investigation, minutes of meeting to announce the minutes of occupational accident investigation of the grassroots-level occupational accident investigation Team, provincial-level, or mid-level occupational accident investigation team. nurse.

- A medical assessment record (a document determining the degree of decrease in working capacity due to an occupational accident or the rate of bodily injury due to an occupational accident) or a record of the agency confirming the death of the employee. medical examiner or death declaration by the court for missing cases.

- The employer's decision on compensation and allowance for occupational accidents (made according to the form in Appendix II issued together with Circular 28/2021 ).

Form of decision on compensation for occupational accident

 

- Written confirmation of an accident on the way and back (if any), for the case of an accident on the way to and from the place of residence to the workplace without the following documents: minutes of scene examination and accident scene diagram or traffic accident investigation record.

The contents of the written confirmation refer to the form in Appendix IV issued together with Circular 28/2021 .

(Compared with the provisions of Circular 04/2015/TT-BLDTBXH , which expires on March 1, 2022, documents with legal copies of the report of the scene examination and the accident scene diagram will be removed. traffic police or a certificate from the local police or a certificate from the local government).

2. Occupational disease compensation records

In Clause 2, Article 6 of Circular 28/2021/TT-BLDTBXH stipulating: For employees entitled to compensation for occupational diseases, the employer is responsible for making a dossier including the following documents:

- Dossiers of occupational diseases of employees in accordance with current law.

- Minutes of determining the employee's death due to an occupational disease of the forensic agency or a medical assessment record (a document determining the degree of decrease in working capacity due to an occupational disease) and conclusions of the Association. Competent Medical Examiner.

- The employer's decision on compensation for occupational diseases (made according to the form in Appendix III issued together with Circular 28/2021 ).

Form of decision on compensation for occupational diseases

 

Note: The application is made into 3 sets, in which:

- The employer keeps a set.

- Employees suffering from occupational accidents or occupational diseases (or relatives of workers who die due to occupational accidents or occupational diseases) keep one set.

- One set shall be sent to the Department of Labor, War Invalids and Social Affairs of the locality where the enterprise, agency or organization is headquartered, within 10 days from the date of issuance of the decision on compensation for occupational accidents and diseases. employment or occupational accident allowance.

>> See more cases of compensation for occupational accidents and diseases and compensation rates HERE .

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