Many new points about occupational accident and disease regime

According to the new regulations, workers can receive support for a number of items such as occupational disease treatment costs not exceeding 15 million VND; career change for people with work-related accidents or occupational diseases when returning to work; labor rehabilitation...

Support occupational disease treatment costs for workers

Decree 88 stipulates the regime for employees who are found to beoccupational diseasewhen retired or no longer working in occupations or jobs that pose a risk of occupational diseases.

Pursuant to Clause 3, Article 5 of Decree 88/2020/ND-CP, employees with occupational diseases and relatives of employees with occupational diseases are paid the following benefits by the Social Insurance Fund for Occupational Accidents and Occupational Diseases.

Workers need to understand new points about occupational accident and disease regime. Photo courtesy of Duc Anh

These are the regimes prescribed in Section 3, Chapter III of the Law on Occupational Safety and Health for employees participating in compulsory social insurance, including: Costs for assessment of injuries and illnesses; one-time or monthly allowances; service allowances; support for living aids and orthopedic devices; convalescence and health rehabilitation; allowances when employees die due to occupational diseases; health insurance contributions for employees who quit their jobs and receive monthly occupational disease insurance benefits.

100% support for occupational disease examination costs calculated according to the occupational disease examination price list issued by the Minister of Health at the time the employee undergoes occupational disease examination after being paid by health insurance.

100% support for occupational disease treatment costs calculated according to the occupational disease treatment price list at the time the employee receives occupational disease treatment according to the regulations of the Minister of Health after being paid by health insurance.

Thus, compared to Decree 37/2016/ND-CP, Decree 88 increases the level of support for occupational disease treatment costs to 100% instead of 50% as before. On the other hand, it adds the beneficiaries as "relatives of workers with occupational diseases" instead of being limited to workers with occupational diseases as before.

Support for medical expenses up to 15 million VND

Decree 88 stipulates that workers are supported with occupational disease treatment costs according to the provisions of the Law on Occupational Safety and Hygiene 2015 when they meet the following conditions: Having been diagnosed with an occupational disease at a medical facility for occupational disease examination and treatment; Having participated in occupational accident and disease insurance for 12 months or more and are participating up to the month immediately preceding the month of requesting support for occupational disease treatment costs; Having participated in compulsory social insurance during the time working in occupations and jobs that cause occupational diseases.

Chairman of the Provincial Labor Federation Kha Van Tam presents gifts to support workers affected by the Covid epidemic. Photo courtesy of CTV

Compared to the regulations in Decree 37/2016/ND-CP, the highest level of financial support for occupational disease treatment is 15 million VND, replacing the previous regulation of not exceeding 10 times the basic salary/person.

The new Decree has removed the condition that employers have organized medical examinations and detected occupational diseases for employees according to regulations. The removal of this condition is consistent with reality. If the old regulations were maintained, many employees would not be entitled to financial support for occupational disease treatment because many employers did not organize medical examinations and detected occupational diseases for employees.

No leave of absence, no health benefits

According to Article 54 of the Law on Occupational Safety and Health 2015, after stable treatment of injuries caused by work accidents or illnesses caused by occupational diseases, within the first 30 days of returning to work, if health has not recovered,workerGet 5 to 10 days off to recuperate and recover for each work-related accident or disease.

In the first days of the year, there are many domestic and foreign labor recruitment orders for workers to choose from. Photo courtesy of Duc Anh

However, according to Article 9 of Decree 88, if an employee does not take time off work, he or she will not be entitled to health care and recovery benefits after treatment for injury or illness.

Support for occupational health examination

Employees are supported with funding for occupational disease examination for employees according to the provisions of Point a, Clause 2, Article 56 of the Law on Occupational Safety and Health when the employee has paid occupational accident and disease insurance for at least 12 months and is participating up to the month immediately preceding the month of requesting funding for occupational disease examination for employees. At the same time, the occupational disease has been detected at medical examination and treatment facilities for occupational diseases.

The support level is equal to 50% of the cost of occupational disease examination calculated according to the occupational disease examination price list issued by the Minister of Health at the time the employee has an occupational disease examination after being examined.Health insurancepay, but not more than 800 thousand VND/person/visit...