Is the person having traffic accident in the opposite direction of his/her way back home covered by

At the end of day, when picking my son up from his school in the opposite direction of my way back home, I had a traffic accident which made me lost my work capability about 20%. Am I covered by the occupational accidents benefits in this case?

FDVN’s opinion:

Thank you for concerning FDVN’s legal services. Regarding your consulting requests, after studying the relevant legal documents, FDVN Law Firm would like to give you the following advice:

According to Article 4, Circular No. 04/2015/TT-BLĐTBXH on the occupational accident benefits:

“1. Employees losing work capability from 5% and over, or being fatal shall be entitled to benefits in the following cases:

a) Occupational accident caused by employees themselves; 

b) Accidents happen to employees on a back-and-forth traveling distance between their working place and home at a legitimate time (based on a case file provided by public security agencies or written confirmations issued by local authorities).

2. Principles: Benefits for employees as victims of occupational accidents shall be provided on each individual case without accrual of previous cases;

3. Benefit level:

a) At least 12 months of pay for employees losing work capability from 81% and over, or becoming fatal due to occupational accidents;

b) At least 0.6 times the month pay for employees losing work capability from 5-10%; in case work capability is impaired from 11%-80%, benefit shall be determined according to the level as laid down in the Appendix 2 enclosed herewith or by the following formula:

Ttc = Tbt x 0.4

Where:

- Tbc: Benefit level for those who lose work capability from 10% and over (calculation unit: month pay);

- Tbt: Compensation level for those who lose work capability from 10% and over (calculation unit: month pay)”

The benefits rate to the employee losing 20% of work capability shall be 2,2 times of the monthly salary. The consideration of occupational accident shall be based on the investigation process of public security agencies or written confirmations issued by local authorities.  

Above is FDVN Law Firm's opinion for your consulting requests based on studying the relevant legal provisions. Hopefully, FDVN's advice would be helpful to you.

Legal Advisor: Nguyen Thi Lan Anh

FDVN Law Firm