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

Workplace accidents are accidents that cause injury to any part or function of the body or cause death to a worker, occurring during the course of work and related to the performance of work duties.

In the event of a work-related accident, the employer and the work-related accident insurance fund are responsible for ensuring the employee receives work-related accident insurance benefits in accordance with regulations.

If an employee suffers a work-related accident due to the employee's negligence, are they entitled to workers' compensation insurance benefits from their employer?

According to lawyer Nguyen Thi Minh Trang (Ho Chi Minh City Bar Association), workers are still entitled to accident insurance benefits as stipulated in the 2015 Law on Occupational Safety and Health.

According to lawyer Trang, there are also cases where employees are not entitled to benefits from their employers when they suffer work-related accidents, as stipulated in Articles 38 and 39 of the 2015 Law on Occupational Safety and Health.

Specifically, accidents can result from causes such as conflicts between the victim and the perpetrator unrelated to work duties; intentional self-harm by the employee; or the use of drugs or other addictive substances contrary to the law.

Workers are entitled to workers' compensation insurance from their employers if they suffer a work-related accident due to negligence.

How do businesses compensate and pay wages to their employees?

Regarding the responsibilities of businesses towards employees who suffer work-related accidents or occupational diseases, lawyer Trang stated that the regulations in Article 38 of the 2015 Law on Occupational Safety and Health apply. Specifically, businesses must advance the costs of first aid, emergency care, and treatment for employees who suffer work-related accidents or occupational diseases. They must also reimburse medical expenses from the initial first aid and emergency care to the point of stable treatment for the injured worker or occupational disease.

In addition, the business must pay full wages to employees who suffer work-related accidents or occupational diseases and have to take time off work for treatment and rehabilitation.

At the same time, compensation for workers who suffer work-related accidents not entirely due to their own fault, and for workers who suffer from occupational diseases, will be at least 1.5 months' salary if their working capacity is reduced by 5% to 10%; thereafter, for every 1% increase in reduced working capacity from 11% to 80%, an additional 0.4% of a month's salary will be added.

Compensation of at least 30 months' salary for workers whose working capacity is reduced by 81% or more, or for the dependents of workers who die due to work accidents or occupational diseases.

Compensation for workers who suffer work-related accidents caused by their own fault shall be at least 40% of the amount stipulated for the corresponding degree of disability.

Compensation and assistance must be provided within 5 days.

According to lawyer Nguyen Thi Minh Trang, businesses must provide compensation and allowances to those who suffer work-related accidents or occupational diseases within 5 days from the date of the medical assessment board's conclusion on the degree of disability. After treatment and recovery, they must arrange work suitable to the health of the injured worker...

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

"If the period of employment, apprenticeship, training, probation, or apprenticeship is less than 6 months, the salary used as the basis for compensation and benefits will be the average salary of the months immediately preceding the time of the work accident or the time of determining the occupational disease," lawyer Trang said.

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