SUMMARY OF 07 OCCUPATIONAL ACCIDENT INSURANCE BENEFITS

Participation in occupational accident insurance not only provides financial security for employees but also ensures timely and adequate medical care. The benefits employees may receive from occupational accident insurance include cash allowances, medical expense support, rehabilitation, and even monthly or lump-sum compensation in cases of permanent incapacity or death.

Lump-sum allowance for employees participating in occupational accident insurance

The lump-sum allowance applies to employees with a reduction in work capacity from 5% to 30%.

The allowances are as follows:

Employees with a 5% reduction in work capacity are entitled to five times the statutory base salary. For each additional 1% reduction, an additional 0.5 times the base salary is granted.

In addition to the above allowance, employees may also receive an allowance based on the years of contribution to the occupational accident and occupational disease insurance fund. Specifically: For up to one year of contribution, the allowance equals 0.5 months of the salary used as the contribution base. For each additional year of contribution, the allowance increases by 0.3 months of the contribution-based salary for the month immediately preceding the accident. If the accident occurs in the first month of contribution or during interrupted contribution periods, but the employee subsequently resumes work, the salary used for calculating the allowance is the salary of that month.

(Pursuant to Article 48 of the Law on Occupational Safety and Hygiene 2015)

Monthly allowance for employees participating in occupational accident insurance

The monthly allowance applies to employees who suffer a work capacity reduction from 31%.

The allowance rates are as follows:

Employees with a 31% reduction in work capacity are entitled to 30% of the statutory base salary. For each additional 1% reduction, they are entitled to an additional 2% of the statutory base salary.

In addition to the above allowance, employees participating in occupational accident insurance are entitled to an additional monthly allowance calculated based on the number of years they have contributed to the occupational accident and occupational disease insurance fund. For contributions of up to one year, the allowance is equal to 0.5% of the contribution-based salary. For each additional year of contribution, the allowance increases by 0.3% of the contribution-based salary for the month immediately preceding the accident or diagnosis of the occupational disease. If the accident occurs in the first month of contribution or during interrupted contribution periods, but the employee subsequently resumes work, the salary used as the basis for calculating this allowance is the salary of that month.

(Pursuant to Article 49 of the Law on Occupational Safety and Hygiene 2015)

Assistive devices and orthopedic tools for employees with occupational accidents

Employees who suffer functional impairments due to occupational accidents are entitled to monetary support to purchase assistive devices and orthopedic tools.

The provision of such financial support is based on a schedule, depending on the severity of injuries or diseases, and the recommendations of licensed medical facilities or rehabilitation centers that meet technical and professional standards.

(Pursuant to Article 51 of the 2015 Law on Occupational Safety and Health)

Allowance for employees Participating in occupational accident insurance

This allowance is applicable to employees with a work capacity reduction of from 81%, spinal paralysis, blindness in both eyes, loss or paralysis of two limbs, or mental illness.

Specifically, employees are entitled to a monthly service allowance equivalent to the statutory base salary, in addition to their monthly allowance.

(Pursuant to Article 52 of the Law on Occupational Safety and Hygiene 2015)

Allowance for death due to occupational accidents or occupational diseases

This allowance is granted to the relatives of employees who die under the following circumstances:

– The employee dies from an occupational accident while at work;

– The employee dies during the first treatment for an occupational accident;

– The employee dies during treatment for injuries without having undergone an assessment of the degree of work capacity reduction.

In these cases, the relatives are entitled to a lump-sum allowance equal to 36 times the statutory base salary at the time of the employee’s death, along with survivor benefits under social insurance regulations.

(Pursuant to Article 53 of the Law on Occupational Safety and Hygiene 2015)

Recovery and rehabilitation post-treatment for occupational injuries

This benefit applies to employees whose health has not fully recovered after stabilizing their injuries from occupational accidents. The period for utilizing this benefit is within 30 days of returning to work.

Employees are entitled to a recovery and rehabilitation leave ranging from 5 to 10 days per occupational accident. The specific number of days is determined by the employer in collaboration with the grassroots trade union executive committee. In cases where no grassroots trade union exists, the employer alone decides, based on the following principles:

– Up to 10 days for injuries resulting in a work capacity reduction of from 51%;

– Up to 7 days for injuries resulting in a work capacity reduction of 31% to 50%;

– Up to 5 days for injuries resulting in a work capacity reduction of 15% to 30%.

During this period, employees receive an allowance equivalent to 30% of the statutory base salary per day.

(Pursuant to Article 54 of the Law on Occupational Safety and Hygiene 2015)

Support for occupational transition for employees with occupational injuries

Employees injured in occupational accidents are entitled to be assigned tasks suitable to their health, as determined by the medical examination council, if they continue working. If retraining is required to transition to a new role, employees receive tuition fee support.

The support is capped at 50% of the tuition fee and a maximum of 15 times the statutory base salary. Each employee is eligible for up to two instances of support, with a maximum of one instance per year.

(Pursuant to Article 55 of the Law on Occupational Safety and Hygiene 2015)

>> CONDITIONS FOR BENEFITS OF OCCUPATIONAL ACCIDENT INSURANCE https://linconlaw.vn/conditions-for-benefits-of-occupational-accident-insurance/

>> HEALTH INSURANCE BENEFITS DURING UNEMPLOYMENT? https://linconlaw.vn/health-insurance-benefits-during-unemployment/