If you have an unintentional work accident, are you entitled to insurance benefits?

An occupational accident is an accident that causes injury to any part or function of the body or causes death to a worker that occurs during the work process, associated with the performance of work or work tasks.

In case an employee has a work accident, the employer and the work accident insurance fund are responsible for supporting the employee to enjoy work accident insurance benefits in accordance with regulations.

If a worker has a work accident due to the worker's own negligence, are they entitled to occupational accident insurance from the employer?

According to lawyer Nguyen Thi Minh Trang (Ho Chi Minh City Bar Association), workers are still entitled to accident insurance as prescribed by the 2015 Law on Labor Safety and Hygiene.

According to lawyer Trang, there are cases where employees are not entitled to benefits from employers when having work-related accidents as prescribed in Articles 38 and 39 of the 2015 Law on Labor Safety and Hygiene.

Specifically, if the accident is caused by one of the following reasons: due to a conflict between the victim and the person causing the accident that is not related to the performance of work or work duties; due to the employee intentionally destroying his or her own health; due to the use of drugs or other addictive substances contrary to the provisions of law.

Employees are entitled to occupational accident insurance from their employers if they suffer an unintentional occupational accident.

How do businesses compensate and pay wages to employees?

Regarding the responsibility of enterprises for employees who have occupational accidents or occupational diseases, lawyer Trang said that it is applied according to the provisions of Article 38 of the Law on Labor Safety and Hygiene 2015. Specifically, it is necessary to advance the costs of first aid, emergency care and treatment for employees who have occupational accidents or occupational diseases. It is necessary to pay medical expenses from first aid, emergency care until stable treatment for employees who have occupational accidents or occupational diseases.

In addition, the enterprise must pay full salary to employees who have work-related accidents or occupational diseases and must take time off work during treatment and rehabilitation.

At the same time, compensation for workers who have work-related accidents that are not entirely caused by the worker and for workers who have occupational diseases is at least equal to 1.5 months' salary if their working capacity is reduced by 5% to 10%; then for every 1% increase, 0.4% of the monthly salary is added if their working capacity is reduced by 11% to 80%.

Compensation of at least 30 months' salary for employees whose working capacity is reduced by 81% or more or for relatives of employees who die due to work-related accidents or occupational diseases.

Allowance for workers who have occupational accidents caused by their own fault is an amount of at least 40% of the prescribed level with the corresponding level of loss of working capacity.

Compensation and benefits must be paid within 5 days.

According to lawyer Nguyen Thi Minh Trang, enterprises must pay compensation and allowances to workers who have occupational accidents or diseases within 5 days from the date of the conclusion of the medical examination council on the level of reduced working capacity. After treatment and rehabilitation, they must arrange work suitable to the health of the worker who has had an occupational accident...

Regarding the salary used as the basis for compensation, allowances and payments to employees who are absent from work due to work-related accidents or occupational diseases, lawyer Trang added that according to Articles 3 and 4 of Circular No. 28/2021 of the Ministry of Labor, Invalids and Social Affairs, the salary used as the basis for payment to employees who have work-related accidents or occupational diseases and have to take time off for treatment and recovery will be calculated as the average of the 6 consecutive months before the work-related accident or before the occupational disease.

"If the working, apprenticeship, training, probationary, or internship period is less than 6 months, the salary used as the basis for compensation and allowance is the average salary of the previous months immediately preceding the time of the work accident or the time of determining the occupational disease," said lawyer Trang.

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