In case of an occupational accident, will employees receive benefits or compensation?

Answer:

Thank you for contacting DB Legal - The Law Firm in Danang, Vietnam.

We understand you are seeking information about potential compensation and benefits following a workplace accident where you sustained a broken bone and dislocated joint.

I. To determine whether an accident is an occupational accident, an occupational accident investigation must be conducted.

If it is determined that the accident is an occupational accident, the employer must implement compensation or occupational accident benefits based on the conclusions of the occupational accident investigation report. Occupational accident investigations are regulated by Articles 34 and 35 of the Occupational Safety and Health Law.

II. The employer has the following responsibilities towards employees who suffer occupational accidents or occupational diseases:

1. Promptly provide first aid and emergency treatment to employees who suffer occupational accidents and must temporarily advance the costs of first aid, emergency treatment, and treatment for employees who suffer occupational accidents or occupational diseases;

2. Pay medical expenses from the time of first aid and emergency treatment until the treatment is stable for people who suffer occupational accidents or occupational diseases as follows: a) Pay the co-payment portion and expenses not on the list covered by health insurance for employees participating in health insurance; b) Pay the cost of assessing the level of reduced work capacity for cases where the conclusion is that the work capacity is reduced by less than 5% because the employer introduces the employee to have their work capacity assessed by the Medical Assessment Board; c) Pay all medical expenses for employees who do not participate in health insurance;

3. Pay full wages to employees who suffer occupational accidents or occupational diseases who have to take time off work during treatment and functional rehabilitation;

4. Compensate employees who suffer occupational accidents that are not entirely caused by their own fault and employees with occupational diseases at the following levels: a) At least 1.5 months' salary if the work capacity is reduced from 5% to 10%; then for every 1% increase, an additional 0.4 months' salary is added if the work capacity is reduced from 11% to 80%; b) At least 30 months' salary for employees whose work capacity is reduced by 81% or more or for relatives of employees who die due to occupational accidents or occupational diseases;

5. Provide benefits to employees who suffer occupational accidents caused by their own fault, an amount of at least 40% of the level specified in Clause 4 of this Article with the corresponding level of reduced work capacity;

6. Recommend that employees who suffer occupational accidents or occupational diseases undergo a medical assessment to determine the level of reduced work capacity receive treatment, rehabilitation, and functional rehabilitation in accordance with the law;

7. Implement compensation and benefits for people who suffer occupational accidents or occupational diseases within 05 days from the date the Medical Assessment Board concludes on the level of reduced work capacity or from the date the Occupational Accident Investigation Team announces the occupational accident investigation report for fatal occupational accidents;

8. Arrange work suitable to the health status according to the conclusions of the Medical Assessment Board for employees who suffer occupational accidents or occupational diseases after treatment and functional rehabilitation if they continue to work;

9. Prepare a dossier for occupational accident and occupational disease benefits from the Occupational Accident and Disease Insurance Fund as prescribed;

10. The salary used as the basis for implementing compensation, benefits, and salary payments to employees who take time off work due to occupational accidents or occupational diseases is specified in Clauses 3, 4, and 5 of this Article, including salary, salary allowances, and other additional amounts implemented in accordance with labor laws.

III. Specific cases when an employee suffers an occupational accident: In addition, the Occupational Safety and Health Law also stipulates the employer's responsibility for compensation and benefits in specific cases when an employee suffers an occupational accident as follows:

1. In the case of an employee suffering an occupational accident while performing duties or following the direction of the employer outside the premises of the agency, enterprise, organization, or cooperative, if it is caused by the fault of another person or the person who caused the accident cannot be identified, the employer must still compensate the employee according to the provisions of Clause 4, Article 38 of the Occupational Safety and Health Law.

2. In the case of an employee suffering an accident while traveling from their residence to their workplace or from their workplace to their residence along a reasonable route and time, if it is caused by the fault of another person or the person who caused the accident cannot be identified, the employer shall provide benefits to the employee according to the provisions of Clause 5, Article 38 of the Occupational Safety and Health Law.

3. In the case where the employer has purchased accident insurance for the person who suffered an occupational accident at the insurance service business units, the person who suffered the occupational accident is entitled to compensation and benefits according to the contract signed with the insurance service business unit. If the amount that the insurance service business unit pays to the person who suffered the occupational accident is lower than the level specified in Clause 4 and Clause 5, Article 38 of the Occupational Safety and Health Law, the employer must pay the remaining amount so that the total amount the person who suffered the occupational accident or their relatives receives is at least equal to the level of compensation and benefits specified in Clause 4 and Clause 5, Article 38 of the Occupational Safety and Health Law.

4. If the employer does not pay occupational accident and occupational disease insurance for employees who are subject to compulsory social insurance according to the provisions of the Social Insurance Law, in addition to having to pay compensation and benefits according to the provisions of Article 38 of the Occupational Safety and Health Law, the employer must pay an amount corresponding to the occupational accident and occupational disease insurance regime as prescribed when the employee suffers an occupational accident or occupational disease; payment can be made once or monthly as agreed by the parties if there is no agreement, it shall be implemented at the request of the employee.

IV. Cases where employees are not entitled to benefits from their employers in the event of an occupational accident.

According to the provisions of Article 40 of the Occupational Safety and Health Law, employees are not entitled to benefits from their employers if they suffer an accident due to one of the following causes:

1) Due to a conflict between the victim and the person who caused the accident that is not related to the performance of work or labor duties;

2) Due to the employee intentionally harming their own health;

3) Due to the use of drugs or other addictive substances in contravention of the law.

Legal basis:

- Occupational Safety and Health Law No. 84/2015/QH13 dated June 26, 2015;

- Decree No. 143/2018/NĐ-CP detailing a number of articles of the Social Insurance Law and the Occupational Safety and Health Law.

 

The information contained in this article is general and intended only to provide information on legal regulations. DB Legal will not be responsible for any use or application of this information for any business purpose. For in-depth advice on specific cases, please contact us.

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