OCCUPATIONAL ACCIDENT, RESPONSIBILITIES OF ENTERPRISES TOWARDS EMPLOYEES

Enterprises have the responsibility for ensuring a safe working environment and complying with occupational safety regulations. They must provide their employees with appropriate protective equipment, conduct safety training and instructions, and implement preventive measures to minimize the risk of accidents. Furthermore, in the event of occupational accident, the enterprise must ensure that employees receive necessary medical and financial support.

How are occupational accidents determined?

According to the Law on Occupational safety and hygiene 2015, 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.

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.

When an occupational accident occurs, what responsibilities do enterprises have towards their employees?

Occupational accident not only hurts workers but also affect business operations and the reputation of the enterprises. The responsibility of an enterprise to its employees when an occupational accident occurs is an issue that requires close attention and management from the enterprise, as both a legal responsibility and a moral obligation.

Pursuant to the provisions of current law, the responsibilities of enterprises as employers when employees with occupational accident include the following:

Executing the advance payments for first aid, emergency care, and treatment

When an occupational accident occurs, enterprises need to take promptly first aid and emergency measures for workers with occupational accident. At the same time, it is necessary to advance the costs of first aid, emergency care and treatment for workers with occupational accidents.

Paying medical expenses

Enterprises are responsible for paying medical expenses from first aid and emergency care to stable treatment for people with occupational accident.

Payable fees are specified as follows:

– Co-payment and costs not covered by health insurance for the employee if the employee has health insurance;

– Payment for medical assessment of decreased work capacity if the employee’s working capacity decreases by under 5% as concluded by the Medical Examination Council;

– Full payment for treatment for the employee if the employee has not heath insurance.

Paying full salary to employees who have occupational accident during their time off

In case of an occupational accident, the employee must take full leave of absence from work with full salary throughout the period of treatment and rehabilitation.

In particular, the salary paid to employees leave their job due to an occupational accident is determined to be the salary including salary, salary allowances and other additional payments in accordance with the provisions of labor law.

Paying compensation to employees or employees’ relatives who suffer from occupational accident

The compensation regime for workers will be applied in cases where an employee has an occupational accident that is not entirely caused by his or her own fault.

Compensation levels are applied 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.

Paying benefit to employees suffering from occupational accidents

The employee benefit regime will be applied in case an employee has an occupational accident that is caused by his or her own fault.

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.

Recommending for medical assessment

Enterprises are responsible for recommending employees who suffer from occupational accidents or occupational diseases to medical examination to determine the level of reduced working ability, and to receive treatment, nursing, and labor function rehabilitation according to regulations.

Arranging appropriate work when employees return to work

In case an employee has an occupational accident after treatment and rehabilitation, if he/she continues to work, the enterprise should pay attention to arranging work appropriate to the employee’s health. The employee’s health status will be determined according to the conclusion of the Medical examination council.

Preparing insurance documents for employees with occupational accident

As an employee management unit, enterprises are responsible for guiding and supporting employees and preparing documents to enjoy benefits for labor accidents and occupational diseases from the Labor accident and occupational disease insurance fund according to provisions of the laws.

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