1. If an occupational accident is due to the employee's fault, is there compensation?

Pursuant to the provisions of Article 38 of the Law on Occupational Safety and Health 2015, there are regulations on the employer's responsibilities towards employees who are identified as employees with occupational accidents. work or occupational illness. As follows:

– The employer will need to carry out the responsibility to promptly provide first aid and emergency care to employees when subjects identified as employees have an occupational accident, and the employer will Must advance first aid costs, emergency treatment costs and treatment costs for employees when they have labor accidents or occupational diseases according to the provisions of law;

– The employer will have to pay medical expenses from first aid to emergency treatment, and until stable treatment for employees when they have a work accident or occupational disease according to regulations. provisions of the law. As follows:

+ The employer will need to fully pay the actual costs and costs not included in the list covered by health insurance for employees when participating in health insurance;

+ Pay the examination fee to assess the level of work capacity decline for employees in cases where the conclusion of work capacity loss is less than 5% as prescribed by law due to the employer introducing the employee. Go for an assessment of reduced working capacity at the medical examination board;

+ Pay all medical expenses for employees when that group of employees does not participate in health insurance.

– Pay full salary to employees when they have an occupational accident, when an employee has an occupational disease and needs to take time off work during the treatment period and during the labor rehabilitation period;

– Compensate workers who have occupational accidents when it is found that the occupational accident was not entirely caused by the worker's fault and for workers with occupational diseases according to the provisions of law. With specific levels as follows:

+ At least equal to 1.5 months' salary if the employee has a decrease in working ability from 5% to 10%, then for every 1% increase, 0.4 months' salary will be added according to regulations. of the law if the employee's working capacity is reduced from 11% to 80%;

+ At least 30 months' salary for employees whose working capacity is reduced to a degree of 81% or more as prescribed by law, or for the employee's relatives if the employee is disabled. Death is caused by a work accident or an occupational disease.

– Allowances for those identified as employees when the employee has a work accident or a work accident due to the worker's own fault causes an amount of money at least equal to 40% of the salary. regulations according to the above analysis with the corresponding reduction in working capacity;

– Introduce workers with occupational accidents or workers with occupational diseases to undergo medical assessment procedures to determine the level of reduced working ability according to the provisions of law. , to receive treatment and nursing, to be able to restore labor functions according to the provisions of law;

– Carry out compensation activities according to the provisions of law, fulfill the obligation to provide benefits to the employee when the employee has a work accident or when the employee suffers from an occupational disease within a period of 05 days. Working hours are counted from the date of the conclusion of the competent authority, the Medical Examination Council, on the level of reduced working capacity according to the provisions of law, or from the date of the accident inspection team. Labor publishes conclusions on occupational accident investigation records in accordance with the provisions of law for occupational accidents causing deaths;

– Arrange and arrange work in accordance with the health of the employee according to the conclusion of the competent authority, which is the medical assessment council for workers with occupational accidents, for workers suffering from an occupational disease after treatment or rehabilitation if it is found that the employee continues to work at the enterprise;

– Prepare documents to enjoy labor accident benefits and occupational disease benefits from the labor accident and occupational disease insurance fund according to the provisions of law;

– Salary as a basis for implementing compensation regimes, implementing subsidy regimes, salaries paid to employees who leave work due to the reason that employee has a work accident, the employee Those suffering from occupational diseases will be processed according to the provisions of law. That is, the salary includes the salary, salary allowances and other additional payments according to the provisions of labor law.

Accordingly, it can be said that if an occupational accident occurs due to the employee's fault, the employer according to the above analysis willAre not must compensate, in this case, the employer will only need to pay a benefit equal to at least 40% of the level specified in Clause 4, Article 38 of the 2015 Law on Occupational Safety and Health with a reduced level. corresponding working ability.

2. Regulations on conditions for employees to enjoy occupational accident benefits:

Pursuant to the provisions of Article 45 of the Law on Occupational Safety and Health 2015, employees participating in labor accident insurance and occupational disease insurance will be entitled to labor accident benefits when they meet the requirements. fully meet the following basic conditions:

– Having an occupational accident in one of the following basic cases:

+ Suffering an occupational accident at the workplace or during working hours as prescribed by law, including while the employee is fulfilling necessary daily needs at the workplace or during appropriate working hours with the provisions of labor law and in accordance with the internal regulations of production and business establishments, including breaks, mid-hour lunch, in-kind food, menstrual hygiene, bathing, go to the toilet...;

+ Suffering an occupational accident at the workplace or outside working hours as prescribed by law when the employee performs work at the request of the employer or is authorized by the employer in writing. documents to directly manage labor;

– The employee has an occupational accident on the route from the place of residence to the place of work, or has an occupational accident on the route from the place of work to the place of residence within a reasonable period of time and on a reasonable route.

– Decreased working ability with a decline level of 5% or more stemming from a work accident during the period of time according to the above analysis;

– Employees are not entitled to benefits paid by the labor accident insurance fund if they fall into one of the following basic causes:

+ Due to a conflict between the victim and the person causing the accident that is not directly related to the process of performing work and labor duties;

+ Due to intentional self-destructive behavior by the employer;

+ Due to the employee using drugs or other addictive substances against the law.

Accordingly, it can be said that in order to be eligible for occupational accident benefits, employees need to fully meet the above conditions.

3. Cases where workers are compensated for occupational accidents:

According to Clause 1, Article 3 of Circular 28/2021/TT-BLĐTBXH of the Ministry of Labor, War Invalids and Social Affairs on detailing and guiding the implementation of a number of articles of the Law on Occupational Safety and Hygiene regarding regimes For workers who suffer from labor accidents or occupational diseases, there are regulations on cases of compensation for labor accidents as follows:

– Employees who have an occupational accident that reduces their working ability with a decline of 5% or more or die due to an occupational accident that is not entirely caused by the employee's own fault, except Except for the cases specified in Clause 1, Article 4 of Circular 28/2021/TT-BLĐTBXH of the Ministry of Labor, War Invalids and Social Affairs on detailing and guiding the implementation of a number of articles of the Law on Safety and Health. Labor welfare regarding regimes for employees suffering from labor accidents and occupational diseases;

– The employee suffers from an occupational disease that reduces his or her ability to work to a degree of 5% or more or the employee dies due to an occupational disease while working for the employer, or before retirement, before leaving the job, before moving to work for another employer (which does not include cases where the employee suffers from an occupational disease caused by performing occupations or jobs for another employer). ).

Accordingly, workers will receive compensation for occupational accidents in the above cases.

Legal documents used in the article:

– Labor Code 2019;

 – Law on Occupational Safety and Hygiene 2015;

– Circular 28/2021/TT-BLĐTBXH of the Ministry of Labor, War Invalids and Social Affairs detailing and guiding the implementation of a number of articles of the Law on Occupational Safety and Hygiene on regimes for workers suffering from work accidents and occupational diseases.