1. Latest form of occupational disease compensation decision:

Based on Appendix III, sample occupational disease compensation decision attached to Circular No. 28/2021/TT-BLDTBXH dated December 28, 2021 of the Minister of Labor, War Invalids and Social Affairs.

OCCUPATIONAL DISEASE COMPENSATION DECISION

Pursuant to Circular No. ……………dated ….month …. year …. of the Minister of Labor, War Invalids and Social Affairs detailing the implementation of compensation, benefits and medical expenses of employers for employees suffering from occupational accidents and occupational diseases. Compulsory occupational accident and occupational disease insurance regime;

Based on the Occupational Disease Record of Mr., Ms. …………………;

Pursuant to the record of assessment of the degree of loss of working capacity No. ... date ... month ... year ... of the Medical Examination Council or Minutes of determining the death of a worker due to occupational disease of the forensic agency No. ... day month Year….;

At your request, Head of Department (function, operation)…………..

DECISION

Article 1: Mr., Mrs.... Born date... month... year...

Title, occupation, rank, position: …..Agency, unit: …..

Occupational disease (name the type of occupational disease suffered): …..

…..

Level of decrease in working capacity: ……%

Total compensation amount …..VND

(Amount in words) …..

Benefited from date: …..

Where to receive compensation…..

Article 2: Mr., Mrs. (head of functional and professional departments) ….. and Mr., Mrs. named above are responsible for implementing this Decision.

2. What documents are included in the occupational disease compensation dossier?

Pursuant to the provisions of Article 6 of Circular 28/2021/TT-BLDTBXH regulating compensation and subsidy dossiers as follows:

– In cases where employees are entitled to compensation and labor accident benefits, the employer will be responsible for preparing a dossier including the following documents:

– Minutes of occupational accident investigation, minutes of meetings to announce occupational accident investigation records of the grassroots, provincial-level Occupational Accident Investigation Team, or the Occupational Accident Investigation Team Central level movement.

– Minutes of medical assessment (document determining the level of reduced ability to work in cases of occupational accidents or the rate of physical injury due to occupational accidents) or records confirming Identification of dead workers by forensic agencies or declaration of death by courts in cases of missing workers.

– The employer's decision on occupational accident compensation and benefits is made according to the form in Appendix II issued with this Circular.

– Document confirming the accident on the road when going to or returning from work. For the cases specified in Point c, Clause 5, Article 35 of the Law on Occupational Safety and Hygiene. The content of the reference confirmation document is according to the form in Appendix IV issued with this Circular.

– In cases where employees are entitled to occupational disease compensation, the employer is responsible for preparing a dossier including the following documents:

+ Documents confirming the employee's occupational diseases according to current law provisions.

+ Minutes of determination of the employee's death due to an occupational disease by the forensic agency or medical examination minutes and conclusions of the competent Medical Examination Council.

+ The employer's decision on compensation for occupational diseases is made according to the form in Appendix III issued with this Circular.

– The requester will make 3 sets of documents, including:

+ The employer will keep one set.

+ A worker who has a work accident or an occupational disease or a relative of a worker who dies from a work accident or an occupational disease will keep one set.

+ The remaining Ministry will send it to the Department of Labor, War Invalids and Social Affairs of the locality where the enterprise, agency or organization is headquartered, within 10 days from the date of issuance of the labor accident compensation decision, occupational disease or work accident benefits.

Accordingly, in cases where employees are entitled to occupational disease compensation, the employer is responsible for preparing a dossier including the following documents:

– Records of occupational diseases of workers according to current law provisions.

– Minutes determining that the worker died due to an occupational disease from the forensic agency or medical examination records and conclusions from the competent Medical Examination Council.

– Decision on occupational disease compensation by the employer.

The dossier will be made into 3 sets, including:

– The employer will be responsible for keeping a set.

– A worker who has a work accident or occupational disease or a relative of a worker who dies due to a work accident or occupational disease will be responsible for keeping a set.

– One set will be sent by the parties to the local Department of Labor, War Invalids and Social Affairs where the enterprise, agency or organization is headquartered, within 10 days from the date of issuance of the decision on occupational accident compensation. labor, occupational disease or labor accident benefits.

3. Compensation for occupational diseases is based on what principles?

Pursuant to the provisions of Clause 2, Article 3 of Circular 28/2021/TT-BLDTBXH regulating principles of compensation for occupational diseases, specifically as follows:

– Compensation cases are as follows:

+ In case the employee has a work accident that reduces his or her working ability by 5% or more or dies due to a work accident that is not entirely caused by the worker's own fault. ; except for the cases specified in Clause 1, Article 4 of this Circular.

+ In cases where an employee suffers from an occupational disease that reduces his or her working ability by 5% or more or dies due to an occupational disease while working for the employer, or before leaving 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. should.

 Compensation principles make compensation as follows:

– If an occupational accident occurs once, compensation will be paid for that time and will not accumulate for previous accidents;

– Compensation for workers suffering from occupational diseases will be carried out according to the following regulations:

– The first time is based on the level (%) of reduced working ability (ratio of physical injury) during the first examination;

– From the second time onwards, it will be based on the increased level (%) of decrease in working ability to compensate for the difference in level (%) of decrease in working ability compared to the results of the previous assessment. adjacent.

Accordingly, compensation for workers suffering from occupational diseases is carried out according to the following regulations:

– The first time is determined based on the level (%) of the worker's decline and working ability (body injury rate) during the first examination;

– From the second time onwards, based on the level (%) of the worker's decline and the increased working ability to compensate for the difference in the level (%) of reduced working ability compared to the results of the first assessment. adjacent front.

Legal documents used in the article:

– Circular 28/2021/TT-BLDTBXH Detailing and guiding the implementation of a number of articles of the Law on Occupational Safety and Hygiene on regimes for workers suffering from labor accidents and occupational diseases.