A reader has email address nguyenlan @ xxx would like to ask: I work at the company under a 2-year definite employment contract. Last July when I was working, I had an accident. At the moment I have been treated in the hospital, but the company does not compensate me. I would like to ask, did the company do correct?

Attorney Thai Thi Phuong, YouMe Law Firm replied:

Clauses 4 and 5, Article 38 of the Law on Occupational Safety and Health 2015 stipulate compensation obligations or benefits of employers when employees suffer from occupational accidents as follows:

4. The employer shall pay compensation for the employee suffering from occupational accident that is not entirely his/her fault and the employee suffering occupational disease as follows:

a) At least 1.5 months’ salary for the employee whose working capacity decrease is between 5% and 10%; 0.4 month’s salary shall be add for each additional 1% working capacity decrease regarding the employee whose working capacity decrease is between 11% and 80% ;

b) At least 30 months’ salary for the employee working capacity decrease is at least 81% or for the employee’s relatives if the employee dies from an occupational accident or an occupational disease;

5. Provide the employee suffering from the occupational accident with a benefit of at least 40% of the amount prescribed in Clause 4 of this Article if the accident is entirely his/her fault;

Clause 1, Article 40 of the Law 2015 on occupational safety and sanitation stipulates cases where employees are not entitled to benefits from employers when having occupational accidents, including:

1. An employee shall not receive occupational accident benefits prescribed in Article 38 and Article 39 of this Law from the employer if the accident is caused by one of the following reasons:

a)      Conflict between the employee and the person causing the accident not relating their works or tasks;

b)      The employee deliberately ruins their own health;

c)      The employee uses drugs or other narcotic substances against of law.

Therefore, if you have a occupational  accident and the cause of the accident does not fall into one of the cases specified in Clause 1, Article 40 of the Law 2015 on occupational safety and sanitation, you will be compensated or supported by the company. Compensation and support are provided in accordance with the regulations.

Legal advice

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The column was made with support from YouMe Law Firm.

According to THAI PHUONG (Lao Dong Newspaper)