OCCUPATIONAL ACCIDENT COMPENSATION AND BENEFIT IN SPECIAL CASES

Financial support for employees who have suffered an occupational accident often includes medical costs for treatment, post-accident recovery costs, and a portion of lost wages due to time off work for recovery is the basic responsibility of enterprise in ensuring occupational safety. In addition, in some special cases, enterprises may also have to pay occupational accident compensation and benefit to the employee’s health or permanent working capacity.

Determination on the type of accident eligible for occupational accident compensation and benefit

As stipulated in Law on Occupational safety and hygiene 2015, an occupational accident is defined as an accident that causes damage to any part or function of the body or causes death to the employee. Not only occurring during the working process, any accident associated with the performance of work or labor tasks will also be determined as an occupational accident.

Employees who suffer accidents in prescribed cases will receive support from the enterprise as an employer, including occupational accident compensation and benefit.

In addition, in some specific cases, compensation and benefits will be applied by enterprises when employees suffer occupational accidents.

Occupational accident compensation and benefit in special cases

Compensation for occupational accidents outside the enterprise

If an employee has an occupational accident when he/she is performing tasks or conform to the directive of the employer outside the premises of the enterprise, organization through other people’s faults or through the fault of an unidentifiable person, the employer shall still pay compensation for the employee.

The compensation regime applies 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.

The salary used as the basis for compensation paid for employees absent from work due to their occupational accidents shall include salary, allowances and additional payments as prescribed in legislation on labor.

Benefit for occupational accident while commuting between home and work

If an employee has an occupational accident while commuting between home and work, with other people’s faults or not identifiable persons causing the accident, the employer shall still pay benefit for the employee as follow:

The benefit level is at least equal to 40% of the prescribed level for workers’ compensation cases, with a corresponding reduction in working capacity.

The salary used as the basis for benefit paid for employees absent from work due to their occupational accidents shall include salary, allowances and additional payments as prescribed in legislation on labor.

Occupational accident compensation and benefit for occupational accident if the enterprise has purchased accident insurance for people who have suffered labor accidents

If the employer bought accident insurance for the employee from an insurance company, the employee shall receive compensation and/or benefits as specified in the insurance policy.

If the insurance payout paid by the insurance company is lower than the amount prescribed, the employer shall pay the remaining amount provided that total amount that the employee or their relatives receives is not smaller than the compensation or benefit prescribed as follow:

a. Compensation regime:

– 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.

b. Benefit regime:

The benefit level is at least equal to 40% of the prescribed level for workers’ compensation cases, with a corresponding reduction in working capacity.

Occupational accident compensation and benefit for occupational accidents if the enterprise does not pay mandatory insurance for employees

If an enterprise does not pay occupational accident and disease insurance for employees who are subject to compulsory social insurance according to the provisions of the Social insurance Law, the enterprise’s responsibilities are as follows:

In addition to having to pay compensation and benefit according to regulations, enterprise must pay an amount corresponding to the insurance policy for occupational accidents and diseases when employees suffer from occupational accidents or diseases.

Payment can be performed once or monthly according to the agreement of the parties. In case of disagreement, it will be made at the request of the employee.

Cases where employees are not entitled to occupational accident compensation and benefit when suffering from occupational accident

An employee shall not receive occupational accident benefit from the employer if the accident is caused by one of the following reasons:

– Conflict between the employee and the person causing the accident not relating their works or tasks;

– The employee deliberately ruins their own health;

– The employee uses drugs or other narcotic substances against of law.

>> OCCUPATIONAL ACCIDENT, RESPONSIBILITIES OF ENTERPRISES TOWARDS EMPLOYEES https://linconlaw.vn/occupational-accident-responsibilities-of-enterprises-towards-employees/

>> WHO IS ENTITLED TO MATERNITY INSURANCE BENEFITS? https://linconlaw.vn/who-is-entitled-to-maternity-insurance-benefits/