I was a construction worker, during working time, I was pulled over by a trolley. (Dinh Thai Bao) The doctor diagnosed me with a fracture that I had to be operated and nailed. The company allowed me to take leave and pay full wages during this time. I signed a one-year labor contract but only worked for more than months, so the company could not complete the social insurance filing.
I would like to ask, Am I entitled to a labor accident or any other regime.
The lawyer answered:
Article 144 of the Labor Code 2012 stipulates employers' responsibilities towards employees suffering from occupational accidents as follows:
1. An employer shall be responsible to pay part of the costs which are copaid, and pay the full amount of the costs which are not paid by the health insurance scheme for an employee who is insured by the health insurance scheme. Where an employee is not covered by the health insurance scheme, the employer shall pay all medical expenses incurred, from emergency first aid to the completion of the medical treatment.
2. The employer shall pay full wage as stipulated in the employment contract to the employee suffering from occupational accidents or occupational diseases during the medical leave for the medical treatment.
3. The employer shall pay compensation to the employee who suffers from occupational accidents or occupational diseases in accordance to Article 145 of this Code.
Rights of employees who suffer from occupational accidents or diseases
Article 145 provides:
1.An employee who participates in the compulsory social insurance is entitled to the employment injury benefit in accordance with the Social Insurance Law.
2. Where an employee is covered by the compulsory social insurance scheme, but the employer has not paid insurance premiums to the social insurance agency, the employer shall pay an amount equal to the employment injury benefit in accordance with the Social Insurance Law. 64 The payment shall be made in a lump sum or on monthly basis as agreed by the parties.
3. The employee who suffers from occupational accidents or occupational diseases not due to his/her fault and whose ability to work has been reduced by at least 5% shall be compensated by the employer as follows: a) At least equal to 1.5 month’s wage as stipulated in the employment contract in cases where the employee’s ability to work is reduced from 5.0% to 10%; an additional increase of 1.0% shall be compensated by an additional 0.4 month’s wage stipulated in the employment contract in cases where the employee’s ability to work is reduced from 11% to 80%; b) At least equal to 30 months' wages as stipulated in the employment contract in case the employee’s ability to work has been reduced by at least 81%, or for family members of the employee who have died as a result of occupational accidents.4. In case of the employee’s fault, he/she shall receive an allowance of at least equal to 40% of the amount stipulated in Clause 3 of this Article.
2. In your case, when you have a labor accident but have not yet paid social insurance, you will be paid an amount corresponding to the labor accident regime that the insurance company pays. All expenses from the first aid to stable treatment, your company will have to pay, and depending on the extent of your health decline will have to pay compensation according to the above provisions.
Lawyer - master Pham Thanh Binh
Bao Ngoc Law Firm, Hanoi