Mr. Nguyen Van Thuy (Phu Linh commune, Soc Son district, Hanoi) is a worker in a factory producing ceramic tiles. In June 2022, while working in the workshop, Mr. Thuy had an occupational accident while adjusting the conveyor belt for the tiles.

"When the conveyor belt malfunctioned, the worker in charge signaled for me to come and check. While I was fixing the problem, the conveyor belt suddenly moved while I was working on it, and my finger got caught. Luckily, I was wearing protective gloves, so I only suffered a bruised and burned finger. Otherwise, it could have been worse and required amputation," Mr. Thuy recounted.

Mr. Nguyen Van Thuy: “The policy has significantly supported me and my family.”

Immediately after the accident, Mr. Thuy received treatment at Sóc Sơn District General Hospital and underwent a medical examination to determine the disability rate. The medical report stated that Mr. Thuy had limited movement in the interphalangeal joint of his second finger and left hand, with a muscle injury rate of 6%.

As he was participating in social insurance at his workplace and his disability rate was below 31%, Mr. Thuy received a one-time benefit payment from the IOAD fund. 'At that time, I received 44 million VND from the social insurance fund, which is equivalent to about 4 to 5 months of my salary. This money helped me and my family a lot in our daily expenses and medical treatment during the more than one month I took off work to recover. I feel very lucky to have participated in social insurance,' Mr. Thuy shared.

Ms. Nguyen Thi Tin (Thanh Luong Ward, Hai Ba Trung District, Hanoi) is an employee of the Urban Environment Company Limited in Hanoi. On the night of December 15, 2021, while pushing a garbage cart to the collection point, Ms. Tin was hit by a pickup truck and fell unconscious. After causing the accident, the driver fled the scene and has not been identified yet. The accident caused Ms. Tin to suffer a traumatic brain injury.

With a disability rate of 31% due to the work-related injury, Ms. Tin received monthly compensation from the fund equivalent to 30% of her base salary. From 2021 until now, she has received a regular monthly benefit payment of 447,000 VND. 'The amount of money is not large, but it brings stability and peace of mind for me. I learned that since July this year, the base salary has been adjusted upwards, so my compensation will also increase to 540,000 VND. I am very happy about that,' Ms. Tin shared.

Ms. Nguyen Thi Tin: The insurance policy brings me more peace of mind

Therefore, a policy to support and share with workers in such circumstances is extremely necessary, and the IOAD benefit regime was established as one of the five regimes of the social insurance policy as stipulated in the Social Insurance Law. On June 25, 2015, at the 10th session of the 13th National Assembly, the specific benefit regime of IOAD was approved and agreed upon in the Law on Occupational Safety and Hygiene.

When participating in social insurance, workers are entitled to many support regimes in case of occupational accidents and diseases, including:

One-time benefits for workers who have a reduction in working capacity from 5% to 30%. The one-time benefit level is determined as follows: For a 5% reduction in working capacity, the worker is entitled to 5 times the base salary level, and then for every 1% reduction thereafter, an additional 0.5 times the base salary level is provided. In addition to this benefit level, the worker is also entitled to a benefit payment calculated based on the number of years they have contributed to the labour accident and occupational disease fund. For every year contributed that is less than or equal to 1 year, 0.5 months' worth of salary is provided. After that, for every additional year contributed, 0.3 months' worth of salary is added based on the salary level of the immediately preceding month in which the occupational accident or disease occurred. In the event that the worker has an occupational accident within the first month of participating in the fund or has a gap in their contributions and then returns to work, the salary of the corresponding month is used as the basis for determining this benefit payment.

Monthly benefits for workers who have a reduction in working capacity of 31% or more. The monthly benefit level is determined as follows: For a 31% reduction in working capacity, the worker is entitled to 30% of the base salary level, and then for every 1% reduction thereafter, an additional 2% of the base salary level is provided. In addition to this benefit level, the worker is also entitled to a benefit payment calculated based on the number of years they have contributed to the labour accident and occupational disease fund. For every year contributed that is less than or equal to 1 year, 0.5% of the base salary level is provided. After that, for every additional year contributed, 0.3% of the base salary level is added based on the salary level of the immediately preceding month in which the occupational accident or disease occurred. In the event that the worker has an occupational accident within the first month of participating in the fund or has a gap in their contributions and then returns to work, the salary of the corresponding month is used as the basis for determining this benefit payment.

The regulations on labour accident and occupational disease are flexible and comprehensive. Accordingly, workers who participate in the insurance are entitled to occupational accident regimes if they meet the following conditions:

Having an accident in one of the following cases: At the workplace and during working hours, including when performing necessary living needs at the workplace or during working hours as permitted by labor law and regulations of the production or business establishment, including break time, meal breaks, refreshment breaks, menstrual hygiene, bathing, breastfeeding, and going to the toilet; Outside the workplace or outside working hours when performing work at the request of the employer or the person authorized by the employer to directly manage labor; On the route from the place of residence to the workplace or from the workplace to the place of residence within a reasonable time and route; Having a reduction in working capacity of 5% or more due to an occupational accident.

Workers who participate in the  are entitled to labour accident and occupational disease regimes if they meet the following conditions: Having an occupational disease listed in the list of occupational diseases issued by the Minister of Health according to regulations; Having a reduction in working capacity of 5% or more due to the occupational disease. If a worker has retired or is no longer working in a profession or job at risk of occupational disease listed in the list of occupational diseases issued by the Minister of Health according to regulations and is found to have an occupational disease within the prescribed time frame, they are entitled to have their condition examined and considered for the relevant regime as prescribed by the government.

According to Bui Thi Kim Loan, Deputy Director of the Department of Social Insurance Implementation of the VSS, under the current regulations of the Law on Occupational Safety and Hygiene, all workers who are required to participate in social insurance are entitled to labour accident and occupational disease regimes. If an employer does not pay social insurance for their workers, they are responsible for paying all monthly benefits, one-time benefits, and other benefits for the worker in case of occupational accidents or diseases instead of the social security agency.

Currently, the Law on Occupational Safety and Hygiene and related guidelines have inherited and developed many new and superior contents compared to previous regulations under the Labor Code and Law on Social Insurance. Among them, the current regulations have added provisions for cases where workers have retired or are no longer working in professions or jobs at risk of occupational disease but are found to have an occupational disease, and they are still entitled to have their condition examined and considered for relevant regimes. Secondly, there is a unified adjustment of the level of recuperation and health recovery benefits for occupational accidents and diseases to be consistent with the regimes for sickness, maternity, and convalescence as prescribed by the Law on Social Insurance