An occupational accident is an unexpected accident that occurs during the working process and causes damage to the health and life of the employee. So, how should the employer compensate when the employee has an occupational accident in Vietnam?
Article table of contents
How should the employer compensate when the employee has an occupational accident in Vietnam? (Source: Internet)
1. What is an occupational accident?
According to Clause 8, Article 3 of the Law on occupational safety and hygiene 2015, the term "occupational accident" is defined as follows:
Occupational accident means an accident that causes injuries to any bodily part and function of an employee or causes death, and occurs during the course of work, in connection with their performance of a job or a task.
2. Cases of compensation for occupational accidents in Vietnam
According to Clause 1, Article 3 of Circular 28/2021/TT-BLDTBXH, cases of compensation for occupational accidents are as follows:
- Workers suffering from occupational accidents causing at least 5% work capacity reduction or death partially caused by these workers; except for cases prescribed in clause 1 Article 4 of Circular 28/2021/TT-BLDTBXH.
- Workers suffering from occupational diseases causing at least 5% work capacity reduction or death upon working to employers or before retiring, leaving work, or transferring to work for other employers
3. Principles of compensation for occupational accidents in Vietnam
According to Clause 2, Article 3 of Circular 28/2021/TT-BLDTBXH, the principles of compensation for occupational accidents are as follows:
- Compensation for occupational accidents shall be given immediately after each accident and not be totaled up;
- Compensation for workers suffering from occupational diseases shall be given on the basis of:
+ Percentage (%) of work capacity reduction (whole person impairment – WPI) for the first medical examination in the first accident.
+ Increased percentage (%) of work capacity reduction to compensate differential part between the increase in percentage (%) of work capacity reduction compared to the previous result from the second accident onwards.
4. The rate of compensation for occupational accidents in Vietnam
According to Clause 3, Article 3 of Circular 28/2021/TT-BLDTBXH, the rate of compensation is as follow:
Compensation for workers suffering from occupational accidents is prescribed in section 2 as follows:
- At least a 30 months’ salary shall be paid for workers suffering from a work capacity reduction of at least 81% or for relatives of workers who died in occupational accidents or diseases.
- At least a 1,5 month’s salary shall be paid for workers suffering from a work capacity reduction of between 5% and 10%; if workers suffer from a work capacity reduction of from 11% to 80%, a 0,4 month’s salary shall be added according to the following formula or Appendix I issued together with Circular 28/2021/TT-BLDTBXH for every 1% increase in work capacity reduction percentage.
Thus, the employer will pay compensation for occupational accidents and diseases for employees based on the degree of working capacity decrease as prescribed above.
Chi Nhan
