Instructions for preparing documents to claim occupational accident benefits
Sat, Dec 20, 2025, 14:54:00
On May 23, 2025, while commuting home from work, due to rain and slippery roads, Ms. Nguyen Thi Huynh fell off her motorbike and broke her collarbone. Because of the severity of the injury, her superior and colleagues, who were also returning from work, witnessed the incident and assisted in taking her to the district medical center for emergency treatment. Four days later, she was transferred to the provincial general hospital for surgery.
Ms. Huynh did not have time to report the accident to the police for investigation. Only passersby and her colleagues witnessed the incident, checked the evidence, recorded the event, and took her to the hospital.
After treatment and regaining her mobility, she completed the application for occupational accident benefits as prescribed, including: a letter requesting occupational accident compensation, a discharge certificate, a surgical certificate, a medical examination report (body injury rate: 10%), receipts and statements of medical examination fees, a labor accident investigation report from the unit, and a document confirming the accident on the way to and from work, with confirmation from the unit head and the People's Committee of the commune (where the accident occurred).
However, the Social Insurance agency where she submitted her application refused to accept it on the grounds that there was no police confirmation report (as required in section (7) of form 05A-HSB).
When Ms. Huynh contacted the commune police to request confirmation, the police replied that because they did not witness the incident at the time it occurred, they could not create a report and provide confirmation for her.
According to Article 45 of the 2015 Law on Occupational Safety and Health, if an employee suffers an accident within a reasonable time and route from their residence to their workplace, and the accident is determined to be an occupational accident and they have sufficient supporting documentation, they are entitled to occupational accident insurance benefits. The law and its guiding documents (Decree No. 39/2016/ND-CP, Circular 28/2021/TT-BLDTBXH) do not mandate a police report; confirmation from the competent authority, organization, or individual where the accident occurred (such as the People's Committee of the commune or ward, or the accident investigation agency of the unit) is sufficient. Ms. Huynh's file already contains confirmation from the People's Committee of the commune where the accident occurred and from the head of her workplace.
Ms. Huynh requested that the competent authorities consider and resolve her case regarding work-related accident benefits in accordance with the law, and also provide specific guidance to avoid disadvantaging workers who suffer accidents on their way home from work but lack a police report due to objective circumstances.
Regarding this matter, the Ministry of Internal Affairs responds as follows:
The documents required for claiming occupational accident benefits are stipulated in Article 57 of the Law on Occupational Safety and Health No. 84/2015/QH13, and include: Social insurance book; Discharge papers or extracts from medical records after treatment for occupational accidents in the case of inpatient treatment; Minutes of the assessment of the degree of disability by the Medical Assessment Board; and a written request for occupational accident benefits using the form issued by the Social Insurance Agency after consultation with the Ministry of Labor, Invalids and Social Affairs.
Furthermore, according to point b, clause 21, Article 2 of Circular No. 10/2025/TT-BNV dated June 19, 2025, issued by the Minister of Home Affairs, guiding the functions, tasks, and powers of the Department of Home Affairs under the People's Committee of provinces and centrally-administered cities, and the internal affairs field of specialized departments under the People's Committee of communes, wards, and special zones under provinces and centrally-administered cities, the tasks and powers of the Department of Home Affairs regarding occupational safety and health are stipulated as follows: "Guiding and organizing the implementation of legal regulations on occupational safety and health; on working hours and rest periods within the locality; and the Month of Action on Occupational Safety and Health."
Based on this, Ms. Nguyen Thi Huynh is requested to provide relevant documents and records related to the above case to the Department of Home Affairs for specific guidance.