Having a labor accident, paralyzed legs, what are the benefits?

Sun, 31 Jan 2021 14:38:00  |  Print  |  Email   Share:

A reader has an email thaonguyenx @ xx emailed to the Office of Legal Advocacy of Labor Newspaper and asked: My uncle unfortunately had a labor accident, now has both legs paralyzed. What benefits does my uncle enjoy?

The Labor Newspaper's legal consultancy office replied:

The 2014 Law on Social Insurance stipulates as follows:

Article 47. Monthly benefits

1. Employees suffering a working capacity decrease of 31% or more are entitled to a monthly allowance.

2. The monthly subsidy rate is specified as follows:

a) The 31% reduction in working capacity is entitled to 30% of the base salary, then for every 1% more decrease in the working capacity, an additional 2% of the base salary will be enjoyed;

b) In addition to the allowance level specified at Point a of this Clause, an additional monthly allowance is also calculated based on the number of years of social insurance payment, for one year or less, it shall be equal to 0.5%, then for each additional year of social insurance payment, an additional 0.3% of the salary paid for social insurance of the preceding month shall be calculated for treatment.

Article 48. Time to enjoy benefits

1. The time for enjoying the benefits specified in Articles 46, 47 and 50 of this Law is counted from the month the employee completes his / her treatment and discharge from the hospital.

2. In case the injury or disease recurs, the employee is entitled to re-assessment of the degree of working capacity decrease, the time to enjoy the new benefits shall be counted from the month when the conclusion of the medical assessment council is available.

Article 49. Means of daily-life assistance, orthopedic tools

The employee who suffers from a labor accident or an occupational disease and suffers from damage to the functions of the body shall be provided with daily-life aids and orthopedic devices according to the period based on his / her state of injury and disease

Article 50. Service allowance

Employees suffering a working capacity decrease of 81% or more but suffering from spinal paralysis or blindness of the two eyes or amputation, paralysis of two limbs or mental illness, in addition to the allowance specified in Article 47 of this Law, monthly. also enjoy a service allowance equal to the base salary.

Thus, based on the degree of working capacity decrease, your uncle can enjoy the above regimes.

By: According to NAM DUONG (Labor Newspaper) / Translator: HaiYen-Bizic


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