Following a recent fatal workplace accident in Yen Bai, many workers are seeking information about the benefits and compensation they are entitled to if they suffer a workplace injury.
ENSURING OCCUPATIONAL ACCIDENT BENEFITS ARE FULLY PAID
Regarding this issue, Ms. Ho Thi Kim Ngan, Deputy Head of the Labor Relations Department (Vietnam General Confederation of Labor), stated that Article 38 of the Law on Occupational Safety and Health clearly outlines the responsibilities of employers towards employees who suffer occupational accidents or occupational diseases.
Accordingly, employers must provide timely first aid and emergency treatment to employees who have suffered an occupational accident; make advances for first aid, emergency treatment, and medical expenses for employees who have suffered an occupational accident or occupational disease; pay for co-payments and expenses not covered by health insurance for employees who have health insurance.
They must also pay all medical expenses for employees who do not have health insurance and pay full wages to employees who have to take time off work due to an occupational accident or to recover their ability to work.
Employers must also compensate employees who suffer an occupational accident that was not entirely their fault. The compensation for employees who suffer an occupational accident due to their own fault is a minimum of 40% of the stipulated amount.
In addition, employees who suffer an occupational accident are entitled to occupational accident compensation if they meet the following conditions: The accident occurred at the workplace during working hours or outside the workplace under the employer’s instructions; after an assessment of their disability, they have a reduced working capacity of 5 – 30% and are entitled to a one-time accident benefit; if their disability is 31% or more, they are entitled to a monthly occupational accident benefit.
The occupational accident benefit is calculated based on the social insurance salary of the month immediately preceding the absence from work due to the occupational accident or occupational disease.
The documents required to claim occupational accident benefits include: Social insurance book; hospital discharge papers or a certified copy of the medical records after treatment of the occupational accident for inpatients; a record of the assessment of the degree of reduced working capacity by the Medical Examination Council; a written request for settlement of the occupational accident benefits.
According to the law, employees who perform jobs on the List of Occupations, Jobs that are Hard, Hazardous, or Particularly Hard, Hazardous, as issued by the Ministry of Labor – Invalids and Social Affairs (in Circular 11/2020), are also entitled to a hazardous and dangerous work allowance.
The amount of the allowance varies depending on the type of work and the individual employee. Employees who work in arduous or hazardous conditions receive an allowance that is 5% higher than those who work in normal conditions. Currently, according to Circular 11, there are over 1,800 occupations on the list of arduous, hazardous, and dangerous occupations.
ENSURING OCCUPATIONAL SAFETY RIGHTS ACCORDING TO THE LAW
In addition to the benefits they are entitled to if they suffer a workplace accident, experts say that employees who work under an employment contract are also guaranteed occupational safety and health rights as stipulated in the law.
Dr. Do Thi Lan Chi, Deputy Head of the Department of Labor Protection (Trade Union University), at a recent dialogue on new policies and benefits for employees, said that employees have the following rights: to be provided with full information on hazards and harmful factors in the workplace and measures to prevent and combat them; to be trained in occupational safety and health.
They also have the right to be provided with personal protective equipment. Employees can refuse to work or leave the workplace without being considered as violating labor discipline if they see a clear risk of an occupational accident that seriously threatens their life or health, and they are still entitled to full pay.
However, in such cases, employees must immediately notify their direct manager so that appropriate action can be taken; they should only continue working once their direct manager and the person responsible for occupational safety and health have eliminated the risks to ensure occupational safety and health.
In addition, employees are entitled to other rights such as: the right to information; the right to fair, safe, and healthy working conditions; the right to request the employer to assign them suitable work after they have recovered from an occupational accident or occupational disease; the right to lodge complaints, denunciations, or lawsuits in accordance with the law…
When working in a hazardous or dangerous environment, employees must comply with the legal regulations of the company relating to occupational safety and health.
When employers provide personal protective equipment, employees must use it correctly.
In addition, experts emphasize that maintaining a stable mental state is also very important. “Therefore, when working in a high-risk environment, in addition to complying with occupational safety regulations, using the correct and sufficient protective equipment, employees must always maintain a stable mental and physical state to avoid affecting their work,” Dr. Do Thi Lan Chi advises.
