This is a question of great concern to many workers. To address this issue, the Editorial Board of LEGAL SECRETARY would like to quote the legal basis to help our Valued Customers and Members understand the cases of accidents in which workers are entitled to occupational accident policies.
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Pursuant to the provisions of Article 45 of the Law on Occupational Safety and Health 2015, employees participating in occupational accident insurance and occupational disease insurance are entitled to accident policies when they meet the following conditions:
- The accident occurs in one of the following cases:- At the workplace and during working hours, including while performing necessary daily activities at the workplace or during working hours as permitted by the Labor Code and the internal regulations of the production or business establishment, which includes breaks, meal intervals, nourishment meals, menstrual hygiene, bathing, breastfeeding, and using the restroom;- Outside the workplace or outside working hours while performing tasks at the request of the employer or the person authorized in writing by the employer to directly manage the labor;- On the route from the place of residence to the workplace or from the workplace to the place of residence within a reasonable time and route;
- A reduction in the working capacity of 5% or more due to an accident in the aforementioned cases.
Note, employees will not be entitled to policies paid by the Occupational Accident and Disease Insurance Fund if they fall under one of the causes stipulated in Clause 1, Article 40 of the Law on Occupational Safety and Health 2015.
Specifically, Clause 1, Article 40 of this Law stipulates the cases where employees are not entitled to policies from the employer when suffering from occupational accidents, including:
- Accidents due to conflicts initiated by the victim with the person causing the accident that are unrelated to job performance or labor tasks;- Accidents due to the employee's intentional self-inflicted injury;- Accidents due to the use of drugs or other illegal substances contrary to the law.
The allowances that employees may receive when they are eligible for occupational accident policies include:
- Lump-sum allowance;- Monthly allowance;- Allowances calculated based on the number of years contributed to the Occupational Accident and Disease Insurance Fund (received along with lump-sum/monthly allowances);- Service allowance;- Convalescence and health recovery after treatment of injuries or illnesses;- Allowances when the employee dies due to an occupational accident or disease.
Details of these allowances can be found at: 06 allowances employees are entitled to when suffering from occupational accidents
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