Are employees entitled to any benefits if they discover they have an occupational disease after quitting their job?

Can I ask if an employee who discovers he or she has an occupational disease after quitting his or her job is entitled to any benefits? - Reader Chi Do

1. After leaving work, what should an employee do if he or she suspects he or she has an occupational disease?

Employees who have retired, quit their jobs or transferred to work for another employer and suspect or show symptoms or signs of occupational disease caused by previous occupations or jobs with occupational disease risks may proactively go for medical examination to detect and assess the level of reduced working capacity due to occupational disease as follows:

- Retired or terminated employees must send a copy of their personal health records to the occupational health examination facility when they are examined to detect occupational diseases (with the original for comparison). After receiving the results of the occupational disease examination, the occupational health examination facility will complete the occupational disease records for the employee according to the regulations of the Ministry of Health;

- Employees who have been transferred to another job must send their personal health records to the occupational health examination facility when they are diagnosed with an occupational disease. After the occupational disease is diagnosed, the employee or the employer where the employee is working will create an occupational disease record based on the employee's health management records;

- After having an occupational disease record, the employee proactively goes for a medical examination or requests the unit where the employee has worked or is working to refer him/her for an examination to determine the level of reduced working capacity.

Note: In case the employee's profile does not have data on labor environment monitoring at the time of performing occupations or jobs with occupational disease risks, or the labor environment monitoring profile is lost, or the health profile is lost, then before implementing the above regulations, the employee or the employer where the employee is working must send a written request for verification of occupational disease to the competent health authority according to the instructions of the Minister of Health.

(Clause 1, 2, Article 5, Decree 88/2020/ND-CP)

2. Are employees entitled to any benefits if they discover they have an occupational disease after leaving work?

According to Clause 3, Article 5 of Decree 88/2020/ND-CP, employees with occupational diseases, relatives of employees with occupational diseases after retirement, resignation or transfer to work for another employer, who suspect or see symptoms or signs of occupational diseases caused by previous occupations or jobs with risks of occupational diseases, will be paid the following benefits by the Social Insurance Fund for occupational accidents and diseases:

(i) Regimes as prescribed in Section 3, Chapter III of the 2015 Law on Labor Safety and Hygiene for employees participating in compulsory social insurance, including:

- Cost of injury and illness assessment;

- One-time or monthly allowance;

- Service allowance;

- Support for living aids and orthopedic devices;

- Restoration and health recovery;

- Allowance when an employee dies due to occupational disease;

- Pay health insurance for employees who are on leave and receive monthly occupational disease insurance benefits;

(ii) 100% support for occupational health examination costs calculated according to the occupational health examination price list issued by the Minister of Health at the time the employee undergoes an occupational health examination after health insurance has paid for it; the maximum number of support times for each employee is 02 times and support can only be received once in 01 year;

(iii) Support 100% of occupational disease treatment costs calculated according to the occupational disease treatment price list at the time the employee receives occupational disease treatment according to the regulations of the Minister of Health after being paid by health insurance; the maximum number of support times for each employee is 02 times and in 01 year, support can only be received 01 time.

3. Conditions for receiving occupational disease benefits after leaving work

According to Clause 4, Article 5 of Decree 88/2020/ND-CP, employees are entitled to the benefits paid by the Social Insurance Fund for occupational accidents and diseases in Section 2 above when meeting the following conditions:

- Detect occupational diseases within the time limit prescribed by the Minister of Health.

- Participated in compulsory social insurance during the time of working in the profession or job that caused the occupational disease specified above;

- Having a reduced working capacity of 5% or more due to occupational disease, for cases considered for benefits at point (i) section 2.

4. Documents to receive support for occupational disease examination and treatment costs

According to Clause 5 and Clause 6, Article 5 of Decree 88/2020/ND-CP, the dossier for enjoying the benefits of the Social Insurance Fund for occupational accidents and diseases prescribed in Section 2 is as follows:

- Records of occupational disease benefits for the cases mentioned in point (i) section 2:

+ Application for occupational disease benefits of employees according to Form No. 01 in the Appendix of Decree 88/2020/ND-CP for retired or terminated employees; or a document from the employer where the employee is working requesting to resolve occupational disease benefits according to the form issued by Vietnam Social Security, in case the employee transfers to work for another employer;

+ Minutes of the medical assessment of the level of reduced working capacity.

- Documents to receive support for occupational disease examination and treatment costs for cases specified in points (ii), (iii) section 2 include:

+ Application for support for occupational disease examination and treatment costs of employees according to Form No. 02 in Appendix of Decree 88/2020/ND-CP for retired or quit employees; or document of the employer where the employee is working according to regulations in Clause 1, Article 18 and Clause 2, Article 22 of Decree 88/2020/ND-CP, in case the employee transfers to work for another employer;

+ Document components as prescribed in Clause 2, Article 18 and Clause 2, Article 22 of Decree 88/2020/ND-CP;

+ Copy of hospital discharge paper or copy of medical record after occupational disease treatment;

+ Original documents of payment for occupational disease examination and treatment costs according to regulations.

Source: https://baoquocte.vn/nguoi-lao-dong-phat-hien-bi-benh-nghe-nghiep-sau-khi-nghi-viec-co-duoc-huong-che-do-gi-khong-252259.html