What is an employer’s responsibility in the event of an occupational accident?
In the event of an occupational accident, the employer has the following responsibilities:
(i) To timely provide first aid and emergency care for injured employees, and advance the expenses for first aid, emergency care and medical treatment for victims of occupational accidents or diseases;
(ii) To pay all medical expenses for first aid, emergency care, and treatment for the employee until such time the employee’s health becomes stable, including:
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- Co-payment expenses and expenses which are not covered by health insurance for employees with health insurance;
- Expenses for medical assessment to determine the decrease in the level of working capacity for employees whose working capacity is determined to have decreased by under 5% by the Medical Assessment Council recommended by the employer;
- Payment of all medical expenses for employees without health insurance.
(iii) Payment of full salary (including wages, allowances and other extras in accordance with the Labor law) to employees who are involved in occupational accidents or diseases and need to take leave for medical treatment and occupational rehabilitation;
(iv) Compensation for victims of occupational accidents which are not entirely due to the fault of the employee and for employees who are victims of occupational diseases as follows:
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- At least 1.5 months’ salary if the employee’s working capacity decreased between 5% and 10%, plus 0.4 month’s salary for every additional 1% working capacity decrease from 11% to 80%;
- At least 30 months’ salary if the employee’s working capacity decreased 81% or more. For employees who died of occupational accidents or diseases, this compensation shall be paid to their relatives;
(v) Payment of an allowance to the employee equivalent to at least 40% of the amount prescribed in Section (iv) above corresponding to the level of their working capacity due to occupational accidents caused by the fault of the employee;
(vi) Recommend employees who are victims of occupational accidents or diseases for medical assessment to determine the level of their working capacity decrease so that they may obtain medical treatment, recover health and rehabilitate their working functionality in accordance with the law;
(vii) Provide compensation and allowance for victims of occupational accidents and diseases within 5 days after the Medical Assessment Council issues conclusions on the level of working capacity decrease or the occupational accident investigation team issues its investigation record in the event of a fatal occupational accident;
(viii) Assign appropriate work based on the conclusions of the Medical Assessment Council to employees who are victims of occupational accidents or diseases after they return to work from medical treatment and rehabilitation; and
(ix) Prepare dossiers regarding the occupational accident and disease regime from the Occupational Accident and Disease Insurance Fund.