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QUESTION:
Hello lawyer! I had a traffic accident on my way home from work, I don't know which side was at fault, but the traffic police considered that I was encroaching on the other side of the road, leading to the accident, and my co-worker took me to the ambulance and said that the other person had a high blood pressure. alcohol because it was determined to be an unlucky meal, so the treatment costs and property damage were paid by either party, so at that time, the traffic police only gave me a traffic accident certificate. The company considers my case as an occupational accident, and the initial treatment costs are co-payed with health insurance, and the costs of the ambulance and first aid when the health insurance is not updated in time must be paid in cash, the company will not pay. is it correct? (meaning that the CTY says they only pay the cost when the co-pay has health insurance) And after treating the injury caused by a traffic accident, because the treating doctor misdiagnosed it, it was not detected early because of the accident, the eyes were paralyzed. Blurred red label (due to damage to the optic nerve 6) only prescribes oral drugs, but after a while, the symptoms do not decrease, it is discovered that the carotid artery has a type A direct cavernous sinus, because of the cost. After deducting the health insurance payment, the family has to spend an additional 128 million for treatment, but this time the company does not support the payment as well as the salary from the day I had a traffic accident until now? So, is it considered legal for occupational accidents to ask for more advice from a lawyer? Thank you very much!

ANSWER:
Pursuant to Clause 8, Article 3 of the Law on Occupational Safety and Hygiene 2015
Occupational accident is an accident that causes injury to any part or function of the body or causes death to an employee, occurring during the working process, associated with the performance of a job or task. labor.

Pursuant to Article 38 of the Law on Occupational Safety and Hygiene 2015 on responsibilities of employers towards employees suffering from occupational accidents and diseases
Employers are responsible for employees suffering from occupational accidents or occupational diseases as follows:
2. Payment of medical expenses from first aid and first aid to stable treatment of persons suffering from occupational accidents or occupational diseases as follows:
a) Pay the cost of co-payment and expenses not on the list to be paid by health insurance for employees participating in health insurance;
b) Pay the examination fee for assessment of working capacity decrease for cases where it is concluded that the working capacity decrease is less than 5% because the employer introduces the employee for assessment of the decrease in working capacity. labor at the Medical Assessment Council;

b) Pay the examination fee for assessment of working capacity decrease for cases where it is concluded that the working capacity decrease is less than 5% because the employer introduces the employee for assessment of the decrease in working capacity. labor at the Medical Assessment Council;

b) Pay the examination fee for assessment of working capacity decrease for cases where it is concluded that the working capacity decrease is less than 5% because the employer introduces the employee for assessment of the decrease in working capacity. labor at the Medical Assessment Council;

6. To introduce workers suffering from occupational accidents or occupational diseases to medical assessment to determine the degree of working capacity decline, to receive treatment, nursing, and occupational rehabilitation in accordance with legal regulations. the law;

7. Make compensation and allowances for people suffering from occupational accidents or diseases within 05 days from the date of conclusion of the Medical Assessment Council on the decrease in working capacity or counting from the date the occupational accident investigation team publishes the occupational accident investigation report for fatal occupational accidents;

8. Arrange work suitable for health according to the conclusion of the Medical Assessment Council for employees suffering from occupational accidents or occupational diseases after treatment or functional rehabilitation if they continue to work. ;

9. Prepare a dossier for enjoyment of the occupational accident and disease regime from the Occupational Accident and Disease Insurance Fund according to the provisions of Section 3 of this Chapter;

Liên hệ với câu hỏi của bạn, công ty đã xác định trường hợp của bạn là tai nạn lao động. Do đó, theo quy định tại điểm a khoản 2 Điều 38 Luật An toàn, vệ sinh lao động 2015, công ty có trách nhiệm thanh toán phần chi phí đồng chi trả và những chi phí không nằm trong danh mục do bảo hiểm y tế chi trả. Vì vậy, công ty có trách nhiệm thanh toán cả phần chi phí xe cấp cứu và sơ cứu ban đầu khi chưa kịp cập nhật BHYT. Ngoài ra, công ty còn phải thanh toán đủ toàn bộ chi phí bao gồm tiền lương, trợ cấp bồi thường…theo quy định tại khoản 2,3,5,6,7,8 Điều 38 Luật An toàn, vệ sinh lao động 2015.
Besides, you need to keep the invoices and documents related to medical examination and treatment so that the company has a basis to make the payment.

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