PREVENTING FIGHTS LEADING TO INJURY, IS THIS A CASE OF A OCCUPATIONAL ACCIDENT?

Answer:

Thank you for sending your question to FDVN Law Firm (“ FDVN ”). For the consulting requests of customers, after studying the relevant legal regulations, FDVN has some exchanges as follows:

Clause 8, Article 3 of the 2015 Law on occupational safety and hygiene is as follows: “Occupational accident means an accident that causes injuries to any body part and function of an employee or causes death, and occurs during work, in connection with their performance of a job or a task”. Accordingly, accidents must be associated with the performance of jobs and labor tasks. In your case, it is necessary to determine if you are preventing colleagues from fighting at work as part of the job duties you are performing under the employment contract (eg. e.g. duties of security guards). If this is not the assigned task in the job that you are undertaking, it will not be considered a labor accident and vice versa, if this is your duty or job, it will be in the case of an occupational accident.

In case it is determined that it is not an occupational accident, you can sue Mr. A and Mr. B to compensate for damage caused by the infringing health, the damages that can be compensated include Reasonable expenses for the treatment, fostering, and restoration of health and lost or reduced functions of the aggrieved person; Actual lost or reduced income of the aggrieved person; if the actual income of the aggrieved person is unstable and cannot be determined, the average income of the same type of worker shall apply; Reasonable expenses and actual loss of income of the carer of the injured person during the treatment period; if the aggrieved person loses his working capacity and needs someone to take care of him regularly, the damage includes reasonable expenses for caring for the aggrieved person; Other damages prescribed by law.

The above is FDVN's advice regarding your request for advice based on studying legal regulations. Hope FDVN's advice will be useful to you.

According to Pham Cao Linh – FDVN Law Firm

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