PROCEDURES FOR RECEIVING CONVALESCENCE AND REHABILITATION ALLOWANCES FOLLOWING OCCUPATIONAL ACCIDENT INSURANCE

With the rapid development of industrial production, occupational accidents have become a prevalent risk for employees. To safeguard the rights and provide optimal support to employees affected by such incidents, the law of Vietnam has established detailed provisions regarding convalescence and rehabilitation allowances after occupational accidents. So, how is the process of applying for these benefits performed?

Circumstances where employees are entitled to convalescence and rehabilitation allowances after occupational accidents

This allowance is applied to employees who, after stabilizing injuries from occupational accidents, have not fully recovered their health. The benefit must be utilized within 30 days of returning to work.

Employees are entitled to convalescence and rehabilitation leave ranging from 5 to 10 days per occupational accident. The exact number of leave days is determined by the employer and the grassroots trade union executive committee. If a grassroots trade union has not been established, the employer decides based on the following principles:

– Up to 10 days for cases with a reduction in working capacity of from 51%;

– Up to 7 days for cases with a reduction in working capacity from 31% to 50%;

– Up to 5 days for cases with a reduction in working capacity from 15% to 30%.

During this period, the employee is entitled to an allowance equivalent to 30% of the statutory base salary per day.

Subjects responsible for filing requests for convalescence and rehabilitation allowance following occupational accidents

The procedure for requesting the convalescence and rehabilitation allowance for workers who have experienced occupational accidents is executed by the employer.

>> SUMMARY OF 07 OCCUPATIONAL ACCIDENT INSURANCE BENEFITS https://linconlaw.vn/summary-of-07-occupational-accident-insurance-benefits/

Procedure for requesting convalescence and rehabilitation allowance following occupational accidents

Preparation and submission of dossiers

The employer is required to compile a list of employees who have received occupational accident and disease insurance benefits but whose health has not yet fully recovered and submit it to the social insurance agency within 10 days from the date the employees are determined to be in a state of incomplete recovery.

The competent authority is responsible for receiving and processing applications for the convalescence and rehabilitation allowances following occupational accident

Within 10 days from the date of receiving the list, the social insurance agency is obligated to process the convalescence and rehabilitation allowance for the employees and transfer the funds to the employer.

In the event of non-resolution, a written explanation must be provided, clearly stating the reason.

The employer is responsible for disbursing the allowance to the employee.

Within 05 days from the receipt of funds transferred by the social insurance agency, the employer is responsible for paying the recovery and rehabilitation allowance to the injured worker.

Delayed resolution of convalescence and rehabilitation allowances after an occupational accident

If the resolution of convalescence and rehabilitation allowances after an occupational accident 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 and the payment of convalescence and rehabilitation allowances 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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