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Answer

Provisions on liability for compensation when labor accidents

question :

I was a student, summer vacation to work more in a company. While working I lost four fingers of the right hand. The company paid for my hospital bills. Please ask for the hospital outside the company must pay damages anything for me? Look forward to the advice!

reply :

1. Regarding the mode of labor accidents.

According to the provisions of Clause 2, Article 107 of the Labor Code are: "employers must bear all medical expenses from the first aid, emergency and treatment for people with occupational accidents. Workers are entitled to social insurance for occupational accidents. If businesses do not join the social insurance schemes compulsory, then the employer must pay the employee an amount equal to that provided for in the Social Insurance Regulation. "

Regarding social insurance regime, as stipulated in Article 38 of the Social Insurance Law of the application object mode occupational accidents and occupational diseases which include employees working under a labor contract Unknown the duration, labor contracts with a term of full three months or more. According to the information you provided, we understand that you are working at the company in nature is more seasonal work contracts for a period less than 3 months so you will not be entitled to accident under provisions of the social Insurance Law.

If you qualify to be entitled to occupational accidents as stipulated by the Law on Social Insurance that employers who have not participated in this kind of compulsory social insurance are prescribed in Clause 2 of Article 107 Ministry Labour law above employers who pay employees an amount equal to that provided for in the charter of social insurance, issued together with Decree No. 12 / CP of the Government dated 26/01/1995 and amended and supplemented by Decree 01/2003 dated 09 September 01 2003.

You need assessment of capacity reduction of their labor, on record, order and procedures for the assessment of the impairment of working capacity that you can reference in the Circular 07/2010 of the Ministry of Health guide the assessment of the impairment of working capacity of the employees participating in compulsory social insurance.



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