At the end of 2022, Ms. Pham Thi Voc (Nghia Tru commune) worked at a construction site and unfortunately had a work-related accident. The accident required her to receive long-term treatment and take time off work due to poor health. After the health incident caused by the accident, Ms. Voc also had to face difficulties when her two children were at school age. Ms. Voc said: The most unfortunate and regrettable thing is that I went to work without a labor contract. When the accident happened, the employer only visited and supported part of the hospital fees and did not provide any social benefits.
On the contrary, Mr. Hoang Trung Hai, a worker at Nikkiso Vietnam Co., Ltd. (Thang Long II Industrial Park), suffered a work-related accident while operating a boiler. After 12 days of treatment at the hospital, his disability assessment was 11%, and Mr. Hai was paid the 24-hour accident insurance policy purchased by the company for employees and a one-time subsidy of nearly 27 million VND paid by the provincial Social Insurance. After recovering his health, the company continued to assign him a job suitable to his health condition, with a current salary of about 8 million VND/month.
Not only Mr. Hai, but over the years, hundreds of workers who suffered from work-related accidents have received timely support from the occupational accident and disease insurance fund. Thereby, reducing the burden of risks, partially compensating or replacing income when losing part or no longer being able to work.
According to the provisions of the Law on Labor Safety and Hygiene, employees are entitled to occupational accident benefits when they meet all the prescribed conditions and in case of reduced working capacity from 5% - 30%, they are entitled to a one-time allowance; reduced working capacity from 31% or more is entitled to a monthly allowance. Employees with reduced working capacity from 81% or more, spinal paralysis or blindness in both eyes or amputation, paraplegia or mental illness, in addition to the prescribed allowance, are also entitled to a monthly service allowance equal to the basic salary. In addition, employees are also entitled to health insurance when they take leave to receive monthly occupational accident allowance.
Occupational accident and occupational disease insurance is a superior policy, aiming to share the burden of risks, partially compensate or replace the income of employees during temporary leave. However, in reality, there are still many employees who cannot "touch" this benefit because they do not have a labor contract, the employer avoids paying social insurance and other compulsory insurance for employees. There are even cases where businesses deliberately avoid preparing documents to request settlement of occupational accident regimes for employees.
To stabilize and develop production and business, along with complying with the law on social insurance, enterprises need to pay attention to occupational accident prevention; employees also need to proactively monitor and protect their rights by fully participating in social insurance and health insurance. Note that people aged 15 and over who do not work under a labor contract and are not subject to compulsory social insurance, from January 1, 2025, will have a new option to participate in voluntary occupational accident insurance. With flexible payment methods, the beneficiary condition is that employees whose working capacity is reduced from 5% to 100% due to occupational accidents during the participation period are entitled to a one-time subsidy. The benefit level for a 5% reduction is 3 times the minimum monthly salary calculated according to region 4 as prescribed by the Government ; After that, for every additional 1% decrease, the employee will receive an additional 0.3% of the monthly minimum wage in region 4. In addition to this subsidy, the employee will also receive an additional subsidy calculated based on the number of years of contribution to the voluntary occupational accident insurance fund.
Source: https://baohungyen.vn/bao-hiem-tai-nan-lao-dong-benh-nghe-nghiep-cho-dua-cua-nguoi-lao-dong-khi-rui-ro-3182607.html
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