LABOR ACCIDENTS – SETTLEMENT PROCEDURES

Clause 8 Article 3 of the Law on Occupational Safety and Health 2015 explains: “Occupational accident means an accident that causes injuries to any body 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.”

Thus, there can be 3 cases of 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 including break time, mid-shift meal, breastfeeding…

– Outside the workplace or beyond the working time when he/she does works assigned by their employer or the person authorized by the employer;

– On the route between home and work within a reasonable period of time and route;

At that time, the employer must be responsible for the employee suffering an occupational accident according to the provisions of Article 38 of the Law on occupational safety and health 2015, in which the employer must:

– Promptly give first aid and emergency aid to the employee and advance payment for first aid, emergency aid, and treatment for the employee;  

– Pay for first aid, emergency aid, and treatment for the employee until their health becomes stable;

– Pay the full salary for the employee if he/she is absent from work during the treatment and health rehabilitation period;  

– The employer shall pay compensation or a benefit for the employee suffering from an occupational accident;

– Recommend the employee for medical assessment of decreased work capacity, treatment, convalescence, and health rehabilitation; 

– 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;  

– File a claim for the insurance benefits from the Insurance fund. 

To enjoy the occupational accident regime, the employer needs to prepare to follow the procedures under Article 57 of the Law on occupational safety and health 2015 including:

– A social insurance book;

– A hospital discharge note or copies of medical records after occupational accident treatment for an inpatient;

– A report of medical assessment of decreased work capacity made by the Medical Examination Council;

– A claim form for occupational disease benefit.

In addition, regarding the time limit for settlement of the occupational accident regime, Article 106 of the Law on Social Insurance 2014 stipulates that within 15 days after receiving a complete dossier, social insurance agencies shall settle labor accident and occupational disease regimes; or issue a written reply clearly stating the reason for their refusal to settle the regimes.