PROCEDURES FOR CLAIMING OCCUPATIONAL ACCIDENT INSURANCE BENEFITS

The entitlements under occupational accident insurance include cash benefits, medical expense coverage, rehabilitation support, and even monthly or lump-sum allowances in cases of work-related incapacity or death. A clear understanding of the rights and procedures for claiming occupational accident insurance benefits, as stipulated by law, is fundamental for both employees and employers in addressing unforeseen risks.

Subjects eligible to request the settlement of occupational accident insurance benefits

The employer is responsible for preparing the application dossier for occupational accident benefits, pursuant to Clause 9, Article 38 of the 2015 Law on Occupational Safety and Hygiene.

Note: To qualify for occupational accident insurance benefits, all stipulated conditions must be fully satisfied.

>> PROCEDURES FOR RECEIVING CONVALESCENCE AND REHABILITATION ALLOWANCES FOLLOWING OCCUPATIONAL ACCIDENT INSURANCE https://linconlaw.vn/procedures-for-receiving-convalescence-and-rehabilitation-allowances-following-occupational-accident-insurance/

Procedure for requesting occupational accident insurance benefits

Preparation and submission of the application

The employer must submit the application to the Social Insurance Agency within 30 days from the date of receiving the complete dossier for occupational accident and occupational disease insurance benefits.

The application includes:

– The social insurance book.

– The hospital discharge summary or an excerpt of the medical record after treatment for occupational accidents (in case of inpatient treatment).

– The assessment report of the medical evaluation council on the rate of reduced working capacity.

– A written request for the resolution of occupational accident benefits.

The competent authority responsible for receiving and processing the application

Within 10 days from the date of receiving the complete application, the competent authority is required to resolve the occupational accident and occupational disease insurance benefits. If the application cannot be processed within this period, the authority must provide a written response, clearly stating the reasons for the delay.

The competent authority responsible for resolving administrative procedures

The social insurance agency at the provincial or district level.

Delayed resolution of occupational accident insurance benefits

If the resolution of occupational accident insurance benefits exceeds the time limit prescribed by law, the competent authority must provide a written explanation clearly stating the reasons for the delay.

In cases where the resolution of occupational accident insurance benefits are delayed beyond the prescribed time limit, causing harm to the legitimate rights and interests of the beneficiary, the responsible party must compensate in accordance with legal regulations, except in cases where the delay is caused by the fault of the employees themselves.

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