1. What causes occupational accidents?

Occupational accidents have always been an issue that employers and employees are particularly concerned about. Especially for workers involved in construction, engineering, and dangerous occupations that threaten health and life.

The main cause of occupational accidents is due to businesses and employers not providing occupational safety and health training (OSHS), providing inadequate personal protective equipment, and not ensuring quality. quantity for workers; Workers do not comply with internal regulations and safe working procedures. Most occupational accidents (Occupational Accidents) mainly occur in industries and occupations with many dangerous and harmful factors such as mining, mineral processing, construction, electricity, and industrial production.

In addition, it is also necessary to mention the issue of propaganda and legal education on occupational safety and hygiene, although it has been paid attention to but is not regular and not highly effective. Some local governments do not regularly lead, direct, and organize the implementation of regulations on occupational safety and health.

In addition, the inspection and examination work carried out is still small compared to the number of existing businesses in the area, and the implementation of post-inspection and examination conclusions is not strict. Compliance with legal regulations on occupational safety and health by some businesses, especially small and medium-sized enterprises, is not good. There are businesses that use outdated machinery and equipment and degraded facilities but lack investment in upgrading; Occupational hygiene has not been given due attention.

To minimize occupational accidents, the awareness of compliance with policies and laws on occupational safety and health of businesses and people is raised. Many businesses have paid attention to investing in occupational safety and hygiene in production and business, many of which have become more aware of the impact of occupational safety and hygiene on productivity and quality. product quality, so we have paid attention to building an occupational safety and hygiene management system and building a workplace safety culture.

2. Legal regulations on conditions for enjoying labor accident benefits:

According to the provisions of the Social Insurance Law 2014, conditions for enjoying labor accident benefits are as follows:

Article 43: Conditions for enjoying labor accident benefits (Social Insurance Law 2014)

Employees are entitled to occupational accident benefits when all of the following conditions are met:

1. Having an accident in one of the following cases:

a) At work and during working hours;

b) Outside the workplace or outside working hours when performing work at the request of the employer;

c) On the way to and from home to work within a reasonable time and route.

2. Reduced working capacity of 5% or more due to an accident specified in Clause 1 of this Article.

Thus, based on the above regulations, employees will be eligible for occupational accident benefits when the employee has an accident at work and during working hours at businesses, factories, etc. It is also possible outside the workplace or outside working hours when the employee performs a certain job at the request of the employer. The employee is also entitled to compensation for occupational accidents when he or she is on the road/going to and from the place of residence to the place of work within a reasonable period of time and on a reasonable route. In addition, employees whose working capacity is reduced by 5% or more due to a work accident according to Clause 1, Article 43 of the 2014 social insurance law are also eligible to receive work accident benefits.

3. Types of occupational accident benefits:

3.1. One-time allowance for occupational accidents:

According to Article 48 of the 2015 Law on Occupational Safety and Health, it is specifically stipulated as follows:

Employees whose working capacity is reduced from 5% to 30% are entitled to a one-time allowance

According to Circular 26/2017/TT-BLDTBXH, it stipulates the calculation of one-time subsidy as follows:

In there:

– L_min: base salary at the time of benefit.

– m: level of loss of working ability due to labor accidents or occupational diseases (take the absolute number 5 ≤ m ≤ 30).

– L: Salary level of insurance contributions to the labor accident and occupational disease insurance fund as prescribed in Clause 7, Article 4 of this Circular.

– t: total number of years of insurance contributions to the labor accident and occupational disease insurance fund as prescribed in Clause 6, Article 4 of this Circular.

3.2. Monthly allowance for occupational accidents:

In there:

{0,3 x L_min + (m-31) x 0,02 x L_min} + {0,005 x L + (t-1) x 0,003 x L}

– L_min: base salary at the time of benefit.

– m: level of loss of working ability due to labor accidents and occupational diseases (take the absolute number 31 ≤ m ≤ 100).

– L: Salary level, insurance contributions to the labor accident and occupational disease insurance fund as prescribed in Clause 7, Article 4 of this Circular.

– t: total number of years paid into the labor accident and occupational disease insurance fund as prescribed in Clause 6, Article 4 of this Circular.

For example: Mr. Binh had a traffic accident on his way to a meeting in May 2019. After stabilizing his injury, Mr. Binh was assessed to have a loss of working ability due to a 40% work accident of 40%.

Mr. Binh has 12 years of paying insurance contributions to the labor accident and occupational disease insurance fund. The salary paid to the labor accident and occupational disease insurance fund in May 2019 is 3,400,000 VND. The base salary in the month of benefit is 1,210,000 VND/month. Mr. Binh is eligible for monthly labor accident benefits with the benefit level calculated as follows:

– Benefit level is calculated according to the level of reduced working ability:

0.3 x 1,210,000 + (40 – 31) x 0.02 x 1,210,000 = 580,800 (VND/month)

– The subsidy level is calculated based on the number of years of insurance contributions to the labor accident and occupational disease insurance fund:

0.005 x 3,400,000 + (12 – 1) x 0.003 x 3,400,000 = 129,200 (VND/month)

– Mr. Binh's monthly allowance is:

580,800 VND/month + 129,200 VND/month = 710,000 (VND/month).

3.3. One-time allowance when you are receiving a monthly allowance and settle abroad:

People who are receiving monthly labor accident or occupational disease benefits when going abroad to settle down and request it will be entitled to a one-time benefit, the one-time benefit level is equal to 3 months of the current benefit level.

One-time allowance = 3 x current allowance.

 For example: Ms. Hoa is receiving monthly labor accident benefits with the benefit level as of December 2017 being 6,000,000 VND. In January 2019, Ms. A went abroad to settle, Ms. A was entitled to a one-time subsidy equal to: 3 x 6,000,000 VND = 18,000,000 VND.

3.4. Money to buy living aids and orthopedic devices:

People who have a work accident and suffer damage to their body's functions will be given money to buy living aids and orthopedic devices based on the status of injury, illness and according to the schedule. designation of medical examination and treatment facilities, orthopedic and rehabilitation facilities.

The person who is granted living assistance equipment or orthopedic equipment shall submit it to the designated Social Insurance agency of the competent orthopedic and rehabilitation facility specified in Clause 1, Article 8 of this Circular regarding their use. Use living aids and orthopedic devices.

3.5. Support for convalescence and health recovery after treatment:

Daily allowance = 30% x Base salary

In which: During the first 30 days of returning to work after treatment, if your health has not recovered, you will be allowed to take a rest period of 5 - 10 days:

– Maximum 10 days for cases of occupational accidents that reduce working capacity by 51% or more;

– Maximum 07 days in case of a work accident that reduces working ability from 31% - 50%;

– Maximum 05 days for cases of occupational accidents that reduce working ability by 15% - 30%.

3.6. Service allowance:

Employees whose working capacity is reduced by 81% or more and are paralyzed in the spine or are blind in both eyes or are amputated or paralyzed or suffer from mental illness are in addition to the monthly benefits prescribed in Article 49 of this Law. Also receive a service allowance equal to the base salary.

Monthly service allowance = Base salary

This is an additional allowance in addition to the monthly allowance mentioned above.

3.7. One-time allowance upon death:

If a working employee dies due to a labor accident or occupational disease or dies during the first treatment period due to a labor accident or occupational disease, his or her relatives will receive a one-time allowance equal to 36 times the salary. basis.

(Applicable to relatives of people who died in an occupational accident)

One-time allowance = 36 x Base salary in the month the employee dies

In addition, if they fall into one of the following cases, the employee's relatives are also entitled to death benefits according to the current Social Insurance Law:

An employee at work dies due to an occupational accident;

The worker dies during the first treatment due to an occupational accident;

Employees die while being treated for injury or illness without having their working capacity loss assessed.

Thus, cases that are considered occupational accidents, depending on the level of the employee, will have their own occupational accident regime. This subsidy part of the social insurance regime is paid by the social insurance fund to partially compensate or replace the employee's income from labor that is reduced or lost due to reduction or loss of working ability due to The cause is an occupational accident.