“Hello lawyer, last month I went to the hospital for a checkup and was diagnosed with a herniated disc. So is this an occupational disease and am I entitled to any benefits under social insurance? Ask your lawyer to answer.” Thanks for your question. Working for a long time in a fixed work environment causes a number of diseases; It’s called an occupational disease. The occupational disease seems to be a very common disease; and partly shows that he is a hardworking, workaholic person; but in a certain way, occupational diseases greatly affect the lives of sufferers. Therefore, occupational diseases are included as one of the bases for enjoying social insurance. What is an occupational disease? Today, LSX Lawfirm will give you an article about “What is an occupational disease under Vietnamese law?”, as follows:
Legal grounds
Law on Social Insurance 2014
What is an occupational disease?
An occupational disease is a disease specific to a profession; caused by toxic factors in that occupation that impacts regularly and slowly on the worker’s body. However, occupational diseases also have many similar cases with diseases caused by bad habits of people. Therefore, the Ministry of Health has issued Circular 28/2016/TT-BYT which regulates occupational diseases including occupational silicosis; occupational asbestosis; occupational cotton dust disease; and occupational chronic bronchitis; occupational asthma; …
An occupational disease is a disease arising from an occupation-specific or occupation-related nature, caused by frequent and prolonged harmful effects of bad working conditions.
In addition
Since having labor, people have been affected by the harmful effects of their jobs and suffered from occupational diseases. BC, Hippocrates (Hippocrate, 460 – 377 TCN) discovered lead poisoning. In the 1st century, Pline discovered the bad effects of dust on the human body. In the second century, Galien described the diseases suffered by miners. Centuries later discovered mercury poisoning and other occupational diseases.
The causes of occupational diseases are mainly due to unsafe occupational hygiene or toxic sources in the working environment, the consequences of which are reduced working capacity or the death of employees. Therefore, it is always the responsibility of the employer to prevent occupational diseases; pay only emergency expenses, treatment, and wages during the treatment period, and compensation for employees suffering from occupational diseases. Employees suffering from occupational diseases entitled to insurance regimes according to the provisions of law.
Subjects entitled to occupational disease regime
Subjects entitled to the occupational disease regime defined at Points a, b, c, d, dd, e, h, Clause 1, Article 2 of the Law on Social Insurance 2014. These include:
- Firstly, Persons working under an indefinite term labor contract, a definite term labor contract, a seasonal labor contract, or a certain job with a term from full 3 months to less than 12 months, counting All labor contracts signed between the employer and the legal representative of the person under the age of 15 in accordance with the labor law.
- Secondly, Persons working under labor contracts with a term from full 1 month to less than 3 months.
- Officials and civil servants.
- Thirdly, National defense workers, public security workers, and people doing other jobs in cipher organizations.
- Finally, Officers and professional soldiers of the People’s Army; officers, professional non-commissioned officers, officers and technical non-commissioned officers of the People’s Public Security; People who do cipher work receive salaries like military personnel.
- Non-commissioned officers and soldiers of the People’s Army; non-commissioned officers and soldiers of the People’s Public Security who serve a definite term; Military, police, and cipher students who are studying entitled to living expenses.
- Business managers, executive managers of cooperatives with salary.
Conditions for enjoying the occupational disease regime
Accordingly to the provisions of Article 44 of the Law on Social Insurance 2014; In order to enjoy the social insurance regime, the following conditions must meet:
Firstly, Having an illness on the list of occupational diseases issued by the Ministry of Health and the Ministry of Labor, War Invalids and Social Affairs when working in a hazardous environment or occupation;
Secondly, Working capacity reduction of 5% or more due to occupational diseases.
Occupational disease regime
Since being identified as having an occupational disease; Employees will enjoy the following benefits
Degree of decrease in working capacity from 5% to 30%
– Enjoying a one-time allowance according to the percentage of working capacity decrease: 5% of working capacity will entitle to 05 times the base salary, then for every additional 1% decrease, 0.5 times more will enjoy. base salary.
Allowance for loss of working capacity = 5 x MLCS + (x – 5) x 0.5 x MLCS. In there:
x is the percentage of working capacity decline.
MLCS is the base salary.
– Receive monthly allowance according to the number of years of paying social insurance premiums. From one year or less, it calculated as 0.5 months, then for each additional year of social insurance payment, an additional 0.3 months of salary for social insurance premium payment of the preceding month before leaving work for treatment.
Allowance according to the number of years of paying social insurance premiums = 0.5 x CTR + (x – 1) x 0.3 x CTR. In there:
x is the number of years of paying social insurance premiums.
TLBHLK is the salary of the month preceding the month before taking leave for medical treatment.
Degree of decrease in working capacity from 30% or more
– Benefit according to the percentage of working capacity decrease: for a 31% decrease in working capacity, 30% of the base salary will enjoy. After that, for every additional 1% reduction, you will entitle to an additional 2% of the base salary.
Allowance for loss of working capacity = 30% x MLCS + (x – 31) x 2% x MLCS. In there:
x is the percentage of working capacity decline.
MLCS is the base salary.
– Receive monthly allowance according to the number of years of paying social insurance premiums. From one year or less calculated by 0.5%; then, for each additional year of paying social insurance premiums, an additional 0.3% of the salary on which social insurance premiums based shall calculate for the preceding month before leaving work for treatment.
Allowance according to the number of years of paying social insurance premiums = 0.5 x CTR + (x – 1) x 0.3 x CTR. In there:
x is the number of years of paying social insurance premiums.
TLBHLK is the salary of the month preceding the month before taking leave for medical treatment.
Other modes
In addition to the allowances according to the working capacity decrease; the number of years of paying social insurance premiums; Employees suffering from occupational diseases also entitled to:
Firstly, Living aids, and orthopedic tools.
Secondly, Service allowance.
Thirdly, One-time allowance upon death due to an occupational accident or occupational disease.
Finally, Conserve and restore health after treating an injury or illness
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Related questions
Herniated disc if according to the definition of occupational disease; could be an occupational disease. However, according to the list of occupational diseases issued by the Ministry of Health and the Ministry of Labor, War Invalids, and Social Affairs; a herniated disc is not an occupational disease then.
With a working capacity decrease of 31% or more, they are entitled to a monthly allowance
– Firstly, Allowance for loss of working capacity = 5 x MLCS + (x – 5) x 0.5 x MLCS. In there: x is the percentage of working capacity decline. MLCS is the base salary.
– Secondly, Allowance is based on the number of years of paying social insurance premiums = 0.5 x CTR + (x – 1) x 0.3 x CTR. In there: x is the number of years of paying social insurance premiums. TLBHLK is the salary of the month preceding the month before taking leave for medical treatment
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