I am Nguyen Thi B. Last month, I faced an accident while traveling from my house to the workplace in Hanoi and am currently undergoing treatment. Is my case considered an occupational accident? If any, what benefits will I be entitled to?
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Hanoi-Vietnam: Are accidents that employees face while traveling from their houses to the workplace considered occupational accidents? (Illustrative photo)
On this matter, the editorial board of Lawnet provides the following explanation:
Accidents that employees face while traveling from their houses to the workplace are considered occupational accidents
An occupational accident is an accident that causes injury to any part, or function of the body or results in the death of an employee, occurring during the work process, related to the performance of work or labor duties. Based on the provisions of Article 45 of the Law on Occupational Safety and Hygiene 2015, employees who participate in occupational accident and occupational disease insurance are eligible for occupational accident benefits when meeting the following conditions:
- Facing occupational accidents at the workplace and during the working time, even if he/she does necessary daily activities at the workplace or during the working time as prescribed in the Labor Code and internal regulations of the business entity.
- Facing occupational accidents outside the workplace or beyond working time when he/she does works assigned by the employer or the person authorized by the employer.
- Facing occupational accidents on the route between home and work within a reasonable period of time and route.
- Suffering a working capacity decrease of at least 5% caused by an accident in the aforementioned cases.
Thus, based on the above provisions, in cases where employees have accidents while traveling from their houses to the workplace, they are considered occupational accidents. Specifically, in the case of Ms. B having an accident while traveling from her house to the workplace (within the time frame of commuting to the employer and using the regular route from home to the employer), this is considered an occupational accident. The employer must pay full salary to Ms. B according to the employment contract and cannot unilaterally terminate during her treatment period. Additionally, she will be entitled to the compensation paid by the employer along with the social insurance agency according to regulations on occupational accident benefits.
Benefits that employees facing occupational accidents
Firstly: employees get their medical costs covered and full salary paid by the employer when taking leave for treatment, or functional rehabilitation due to occupational accidents.
Based on Article 38 of the Law on Occupational Safety and Hygiene 2015, employers have the following responsibilities towards employees facing occupational accidents:
- Pay for first aid, emergency aid, and treatment for the employee until their health become stable, including:
+ Co-payment and costs not covered by health insurance for the employee if the employee has health insurance;
+ Payment for medical assessment of decreased work capacity if the employee’s working capacity decreases by under 5% as concluded by the Medical Examination Council;
+ Full payment for treatment for the employee if the employee has not heath insurance;
- Pay full salary for the employee if he/she is absent from work during the treatment and health rehabilitation period;
- The employer shall pay compensation for the employee suffering from occupational accident that is not entirely his/her fault and the employee suffering occupational disease as follows:
+ At least 1.5 months’ salary for the employee whose working capacity decrease is between 5% and 10%; 0.4 month’s salary shall be add for each additional 1% working capacity decrease regarding the employee whose working capacity decrease is between 11% and 80% ;
+ At least 30 months’ salary for the employee working capacity decrease is at least 81% or for the employee’s relatives if the employee dies from an occupational accident or an occupational disease;
- Provide the employee suffering from the occupational accident with a benefit of at least 40% of the above amount if the accident is entirely his/her fault;
At the same time, recommend the employee for medical assessment of decreased work capacity, treatment, convalescence and health rehabilitation as prescribed; assign works appropriate for the employee’s health according to the conclusion of the Medical Examination Council after treatment and health rehabilitation if the employee keeps working;
Second: employees are entitled to a lump-sum or monthly allowance under the occupational accident benefits.
According to Articles 46 and 47 of the Law on Social Insurance 2014, employees are entitled to a lump-sum or monthly allowance under the occupational accident benefits as follows:
- Employees suffering a working capacity decrease of between 5% and 30% are entitled to a lump-sum allowance. The lump-sum allowance levels are specified as follows:
+ Employees suffering a 5% working capacity decrease are entitled to an allowance equaling 5 times the statutory pay rate, which shall be added with half of the statutory pay rate for each additional 1% working capacity decrease;
+ In addition to the above allowance level, employees are entitled to an additional allowance calculated based on the period of social insurance premium payment, which equals half of the salary of the month preceding the leave taken for treatment on which social insurance premiums are based, for a period of social insurance premium payment of one year or less, and shall then be added with 0.3 of the salary of the month preceding the leave taken for treatment on which social insurance premiums are based, for each additional year of social insurance premium payment.
- Employees suffering a working capacity decrease of 31% or more are entitled to a monthly allowance. The monthly allowance levels are specified as follows:
+ For employees suffering a 31% working capacity decrease, the monthly allowance must equal 30% of the statutory pay rate, which shall be added with 2% of the statutory pay rate for each additional 1% working capacity decrease;
+ In addition to the above allowance level, employees are entitled to receive every month an additional allowance calculated based on the period of social insurance premium payment, which equals half of the salary of the month preceding the leave taken for treatment on which social insurance premiums are based, for a period of social insurance premium payment of one year or less, and shall then be added with 0.3% of the salary of the month preceding the leave taken for treatment on which social insurance premiums are based, for each additional year of social insurance premium payment.
Thus, these are the occupational accident benefits that Ms. B will be entitled to when having an occupational accident. Depending on the degree of working capacity reduction, Ms. B will receive either a lump-sum or monthly allowance, and the employer is responsible for covering her medical costs and paying full salary during the treatment and functional rehabilitation period.
Ty Na
