What is the employer's responsibility when an occupational accident occurs?
What is an occupational accident?
According to Clause 8, Article 3, Law on Occupational Safety and Hygiene 2015, an occupational accident is an accident that causes damage to any part or function of the body or causes death to the worker, occurring in the labor process, associated with the performance of work and labor tasks.
Responsibilities of employers to employees who suffer occupational accidents
Employers are responsible for employees who suffer occupational accidents as follows:
- Promptly provide first aid and emergency care to workers suffering from occupational accidents and must advance the costs of first aid, emergency care and treatment for workers suffering from labor accidents or occupational diseases;
- Payment of medical expenses from first aid and emergency care to stable treatment for people with occupational accidents as follows:
+ Payment of co-payment costs and costs not included in the list covered by health insurance for employees participating in health insurance;
+ Pay the fee for assessment of work capacity decline in cases where the conclusion of work capacity loss is less than 5% because the employer refers the employee to have work capacity loss assessment. active at the Medical Examination Council;
+ Pay all medical expenses for employees who do not participate in health insurance;
- Pay full salaries to employees who have labor accidents or occupational diseases and have to leave work during the period of treatment and rehabilitation;
- Compensate workers who suffer occupational accidents that are not entirely caused by this person's own fault;
- Introduce workers with occupational accidents to medical examination to determine the level of reduced working ability, and receive treatment, nursing, and labor function rehabilitation in accordance with the law;
- Implement compensation and benefits for people suffering from occupational accidents within 5 days from the date of the Medical Assessment Council's conclusion on the level of reduced working capacity or from the date of the Investigation Team's conclusion. occupational accident publishes occupational accident investigation records for fatal occupational accidents;
- Arrange work suitable for health according to the conclusion of the Medical Examination Council for employees with labor accidents or occupational diseases after treatment and rehabilitation if they continue to work;
- Prepare a dossier to enjoy benefits for occupational accidents from the Labor Accident Insurance Fund according to the provisions of Section 3, Chapter III, Law on Occupational Safety and Hygiene 2015. (Article 38, Law on Safety and Hygiene Labor 2015).