Occupational Accidents and Employer's Obligations in the Event of Occupational Accidents
2023/02/21
- Le Que Ngan
Introduction
Workplace accidents are something no one wants, but they can occur at any time during the job. Occupational accidents can harm workers’ health, cause them to lose their ability to work, and even take their lives. For this reason, the law stipulates that employers must take responsibility for preventing work-related accidents, compensating victims, and paying medical expenses and wages during leave of absence. This article explains some points to keep in mind regarding industrial accidents and the obligations of employers in the event of an industrial accident.
1. What is an industrial accident?
An industrial accident is an accident that occurs while a worker is performing work or duties, and it is an accident that damages the human body or life functions of the worker and, in the worst case, causes death.
The characteristics of industrial accidents are understood as follows.
– Accidents that occur during the worker’s working hours and at the workplace, or that are related to the work or tasks assigned to the worker by the employer.
2. Occupational accidents covered by the Occupational Accident and Occupational Disease Fund Insurance System
Workers are not entitled to benefits from the Industrial Accident and Occupational Disease Fund Insurance in all cases of industrial accidents. Workers who subscribe to the Industrial Accident and Occupational Disease Fund Insurance can receive insurance benefits if they meet all of the following conditions:
Condition 1
If you are involved in an accident that falls under any of the following items:
(1) Acts that are permitted during working hours according to labor laws or workplace regulations (breaks, meals between shifts, eating and drinking provided food, hygiene management during menstruation, breastfeeding, using the restroom, etc.) If you have an accident at work
In this case, the term “workplace” refers to the place where the worker agrees with the employer or the place where the worker actually works assigned by the employer, and includes any work-related places or spaces.3 . In this way, “workplace” is understood to include other locations besides “offices/headquarters.”
As a practical example, many companies have adopted work-from-home work arrangements due to the recent coronavirus outbreak. In such cases, there is an agreement between the employer and the worker to work “at the worker’s home.” In this case, the “worker’s home” is considered the “workplace.” Therefore, even if a worker unfortunately has an accident at home during working hours (such as an electronic device given to him by the company catching fire or exploding, or a fall when going to the bathroom at home during work hours), he will still be considered for an industrial accident. It will be considered.
(2) If the accident occurs outside the workplace or during non-working hours due to engaging in work requested by the employer or requested by a person to whom the employer has entrusted the management of workers in writing.
(3)If you are involved in an accident while commuting between home and work (but only if the accident occurs during a reasonable time and route)
Currently, there are no documents or regulations that specify in detail “reasonable times and routes.” However, based on the concept of Decree 152/2006/ND-CP (Revocation document), it can be understood as follows.
・“Reasonable time” refers to the time required to arrive at work before working hours and leave work after working hours.
・“Reasonable route” refers to the round-trip route between the place of residence or registered temporary residence and the workplace.
Condition 2
If you have lost 5% or more of your ability to work due to an accident. The rate of loss of work ability is determined by an evaluation by the Medical Evaluation Council.
Condition 3
If you are involved in an accident that does not fall under any of the following items.
(1) Cases resulting from a dispute between the victim and the perpetrator of the accident, which is not related to the performance of work or labor duties.
(2) If the worker intentionally harms his or her health.
(3) In the case of using narcotics or other drugs stipulated by law.
As a result of the judgment based on the above conditions, if the worker who has suffered an accident at work is eligible for coverage under the Industrial Accident and Occupational Disease Fund insurance system, the employer should prepare application documents and apply for the Industrial Accident and Occupational Disease Fund insurance system. You must apply for insurance coverage.
The measures to be taken in the following rare cases are stipulated in Article 8 of Circular No. 28/2021/TT-BLDTBXH.
・If a worker who does not have health insurance suffers an accident at work, the employer will bear all medical costs from first aid to treatment.
・If a worker who has concluded labor contracts with multiple employers at the same time suffers an industrial accident, the employer who commissioned the work/work that led to the industrial accident may apply for application under the Industrial Accident and Occupational Disease Fund Insurance System. Responsible for document preparation and processing.
・If a worker who has concluded labor contracts with multiple employers at the same time encounters an accident while traveling from one employer’s workplace to another employer’s workplace within a reasonable time and route (workplace accident) The employer at the workplace where the worker worked before the accident is responsible for preparing and processing application documents for application of the Industrial Accident and Occupational Disease Fund Insurance System.
3. Employer’s obligations regarding occupational accidents
(1) Obligation to prevent industrial accidents
Workers have the right to work under safe and sanitary working conditions. Employers are therefore obligated to take measures to prevent occupational accidents and provide a safe environment for workers to work with peace of mind. In addition, the safety of the working environment is one of the factors for securing human resources, and companies need to pay more attention to this by establishing appropriate internal controls to prevent occupational accidents.
The basic preventive obligations under the Industrial Safety and Health Act 2015 include the following:
・Regularly inspect, use, operate, maintain, and store workplace equipment, machinery, supplies, etc. in accordance with industrial safety and health technical standards.
・Provide safety equipment for occupational safety and health when workers perform work.
・Promote, inform, or train workers about measures to ensure occupational safety.
Industrial accidents are something that should be avoided by employers and workers. To this end, employers must take the lead in proactively implementing measures to prevent occupational accidents or minimize risks.
(2) Obligations of the employer in the event of an industrial accident
In the event of an industrial accident, the employer shall promptly take the steps necessary to minimize the damage caused by the industrial accident, such as taking emergency first aid measures and reimbursing the costs of first aid measures and treatment. have an obligation.
In addition, pursuant to the provisions of the Occupational Safety and Health Act of 2015, employers are required to pay medical expenses, wages, compensation and benefits during the employee’s medical leave to workers who have suffered work-related accidents or their families. They are also responsible for fulfilling ” financial obligations” such as payment of ” financial obligations.”
When a work accident occurs, the employer is required to pay compensation or allowances depending on the worker’s fault. The details are as shown in the table below.
| Financial obligation | Compensation (1) | Allowance(2) |
| Causes of industrial accidents | Occupational accidents where the worker is partially at fault or not at fault on the part of the worker Example: A worker has an accident because the employer did not provide the worker with safety equipment (if the worker was not at fault). |
Occupational accidents caused by the negligence of the worker himself/herself Example: Even though the employer had safety equipment in place, the worker did not wear it while working, resulting in an accident (if it was entirely the worker’s fault). |
| Amount paid | Based on the rate of loss of work capacity. – 5%~10%: Amount equivalent to at least 1.5 months’ salary – 11%~80%: Amount equivalent to 1.5 months salary + [(Actual loss rate – 10%) × Amount equivalent to 0.4 month salary] – 81% or more or in case of death: an amount equivalent to at least 30 months’ salary |
The minimum payment amount will be 40% of the compensation (1). |
Conclusion
In fact, there are many occupational accidents, especially in manufacturing companies. Therefore, it is necessary to understand the legal regulations governing occupational accidents and the obligations of companies. Since industrial accidents have a negative impact on workers and employers, we would appreciate it if you would keep in mind the concept of “staying ahead” in your production and business activities and seriously work on measures to prevent industrial accidents.
References
-Occupational Safety and Health Act 2015
-2019 Labor Law
-Decree No. 145/2020/ND-CP Circular No. 28/2021/TT-BLDTBXH
