CAN EMPLOYEE RECEIVE INSURANCE IF OCCUPATIONAL ACCIDENT CAUSED BY EMPLOYEES THEMSELVES

CAN EMPLOYEE RECEIVE INSURANCE IF OCCUPATIONAL ACCIDENT CAUSED BY EMPLOYEES THEMSELVES

In the process of working, despite having personal protective equipment, employees still have to face the risk of occupational accidents. There is a case that many employees wonder when encountering that if labour accident happen with the entire fault of the employee, whether the employee is entitled to insurance or not. In this article, Lac Duy & Associates will provide you with information on the above issue.

Article 43 of the Law on Social Insurance 2014 and Article 45 of the Law on Occupational Safety and Hygiene 2015 stipulate conditions for enjoying the labour accident regime as follows:

“Employees are entitled to the labour accident regime when fully satisfying the following conditions:

  1. Getting accidents in one of the following cases:
  2. At the workplace and during the working time, even if he/she does necessary daily activities at the workplace or during the working time including break time, mid-shift meal, in-kind meal, menstrual hygiene, bathing, breastfeeding or personal hygiene;
  3. Outside the workplace or beyond working hours while performing tasks assigned by their employers;
  4. On a route to and from residence and workplace within a rational time and on a rational route.
  5. Suffering a working capacity decrease of 5% or more after getting accidents specified in Clause 1 of this Article.”

Point a, Clause 1, Article 4 of Circular 04/2015/TT-BLDTBXH of the Ministry of Labour, War Invalids and Social Affairs guidance on compensation, benefits and medical expenses paid to employees as victims of occupational accidents and diseases provides the regulations on benefits for occupational accidents as follows:

“1. Employees losing work capability from 5% and over, or being fatal shall be entitled to benefits in the following cases:

  1. Occupational accident caused by employees themselves;”

Based on the above provisions, the employee is still entitled to the labour insurance regime if the occupational accident entirely caused by employees themselves in one of the following cases:

– At the workplace and during the working time

– Outside the workplace or beyond working hours (performing tasks assigned by their employers)

– On a route to and from residence and workplace (within a rational time and on a rational route)

– Suffering a working capacity decrease of 5% or more after getting accidents

Thus, this insurance policy is exception to the employee’s fault when he fails to ensure the observance of internal rules, procedures, and measures to ensure occupational safety and health, leading to an accident. If an employee suffers an accident due to his/her own fault, if eligible, he/she is still entitled to the labour insurance regime based on the employee’s condition, degree of injury and decrease in working capacity.

The above are the provisions of current law on occupational accidents caused by employees themselves. In case you need detailed information or other information in a related field, readers can contact Lac Duy & Associates for timely advice and support.

4.7/5 - (4 votes)