{"id":4965,"date":"2022-09-12T16:22:48","date_gmt":"2022-09-12T09:22:48","guid":{"rendered":"http:\/\/medlaw.vn\/?p=4965"},"modified":"2022-09-12T16:22:48","modified_gmt":"2022-09-12T09:22:48","slug":"cong-ty-khong-ho-tro-chi-tra-chi-phi-dieu-tri-va-tien-luong-khi-xay-ra-tai-nan-giao-thong-thi-dung-khong","status":"publish","type":"post","link":"https:\/\/medlaw.vn\/en\/cong-ty-khong-ho-tro-chi-tra-chi-phi-dieu-tri-va-tien-luong-khi-xay-ra-tai-nan-giao-thong-thi-dung-khong\/","title":{"rendered":"COMPANY DOESN'T SUPPORT PAYING TREATMENT COSTS AND Wages WHEN A TRAFFIC ACCIDENT IS CORRECT?"},"content":{"rendered":"

[FREE LEGAL ADVICE]<\/strong>
\nQUESTION:<\/strong>
\nHello 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!<\/p>\n

ANSWER:<\/strong>
\nPursuant to Clause 8, Article 3 of the Law on Occupational Safety and Hygiene 2015
\nOccupational 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.<\/p>\n

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
\nEmployers are responsible for employees suffering from occupational accidents or occupational diseases as follows:
\n2. Payment of medical expenses from first aid and first aid to stable treatment of persons suffering from occupational accidents or occupational diseases as follows:
\na) Pay the cost of co-payment and expenses not on the list to be paid by health insurance for employees participating in health insurance;
\nb) 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;<\/p>\n

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;<\/p>\n

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;<\/p>\n

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;<\/p>\n

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;<\/p>\n

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. ;<\/p>\n

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;<\/p>\n

Li\u00ean h\u1ec7 v\u1edbi c\u00e2u h\u1ecfi c\u1ee7a b\u1ea1n, c\u00f4ng ty \u0111\u00e3 x\u00e1c \u0111\u1ecbnh tr\u01b0\u1eddng h\u1ee3p c\u1ee7a b\u1ea1n l\u00e0 tai n\u1ea1n lao \u0111\u1ed9ng. Do \u0111\u00f3, theo quy \u0111\u1ecbnh t\u1ea1i \u0111i\u1ec3m a kho\u1ea3n 2 \u0110i\u1ec1u 38 Lu\u1eadt An to\u00e0n, v\u1ec7 sinh lao \u0111\u1ed9ng 2015, c\u00f4ng ty c\u00f3 tr\u00e1ch nhi\u1ec7m thanh to\u00e1n ph\u1ea7n chi ph\u00ed \u0111\u1ed3ng chi tr\u1ea3 v\u00e0 nh\u1eefng chi ph\u00ed kh\u00f4ng n\u1eb1m trong danh m\u1ee5c do b\u1ea3o hi\u1ec3m y t\u1ebf chi tr\u1ea3. V\u00ec v\u1eady, c\u00f4ng ty c\u00f3 tr\u00e1ch nhi\u1ec7m thanh to\u00e1n c\u1ea3 ph\u1ea7n chi ph\u00ed xe c\u1ea5p c\u1ee9u v\u00e0 s\u01a1 c\u1ee9u ban \u0111\u1ea7u khi ch\u01b0a k\u1ecbp c\u1eadp nh\u1eadt BHYT. Ngo\u00e0i ra, c\u00f4ng ty c\u00f2n ph\u1ea3i thanh to\u00e1n \u0111\u1ee7 to\u00e0n b\u1ed9 chi ph\u00ed bao g\u1ed3m ti\u1ec1n l\u01b0\u01a1ng, tr\u1ee3 c\u1ea5p b\u1ed3i th\u01b0\u1eddng\u2026theo quy \u0111\u1ecbnh t\u1ea1i kho\u1ea3n 2,3,5,6,7,8 \u0110i\u1ec1u 38 Lu\u1eadt An to\u00e0n, v\u1ec7 sinh lao \u0111\u1ed9ng 2015.
\nBesides, 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.<\/p>\n

The content of our consultation is based on the information provided by the Client, is for reference only and based on the legal provisions in force at the time of consultation.\nIn case you ever need detailed consultation, please contact us directly for specific advice.
\nIn case you ever need detailed consultation, please contact us directly for specific advice.
\nThe content upon is our answer to your question. Please message us on the Fanpage or contact us through the hotline (84\u201328) 2253 7956 or website www.medlaw.vn if you ever need free legal consultancy service.<\/p>","protected":false},"excerpt":{"rendered":"

[T\u01af V\u1ea4N PH\u00c1P LU\u1eacT MI\u1ec4N PH\u00cd] C\u00c2U H\u1eceI: Ch\u00e0o lu\u1eadt s\u01b0! Em b\u1ecb TNGT tr\u00ean \u0111\u01b0\u1eddng \u0111i l\u00e0m vi\u1ec7c v\u1ec1 kh\u00f4ng bi\u1ebft l\u1ed7i do b\u00ean n\u00e0o nh\u01b0ng CA giao th\u00f4ng h\u1ecd x\u00e9t do em \u0111i l\u1ea5n sang ph\u1ea7n \u0111\u01b0\u1eddng b\u00ean kia d\u1eabn \u0111\u1ebfn tai n\u1ea1n c\u00f2n \u0111\u1ed3ng nghi\u1ec7p \u0111i c\u00f9ng \u0111\u01b0a em l\u00ean xe c\u1ea5p…<\/p>","protected":false},"author":1,"featured_media":4966,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[11],"tags":[],"_links":{"self":[{"href":"https:\/\/medlaw.vn\/en\/wp-json\/wp\/v2\/posts\/4965"}],"collection":[{"href":"https:\/\/medlaw.vn\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/medlaw.vn\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/medlaw.vn\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/medlaw.vn\/en\/wp-json\/wp\/v2\/comments?post=4965"}],"version-history":[{"count":1,"href":"https:\/\/medlaw.vn\/en\/wp-json\/wp\/v2\/posts\/4965\/revisions"}],"predecessor-version":[{"id":4967,"href":"https:\/\/medlaw.vn\/en\/wp-json\/wp\/v2\/posts\/4965\/revisions\/4967"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/medlaw.vn\/en\/wp-json\/wp\/v2\/media\/4966"}],"wp:attachment":[{"href":"https:\/\/medlaw.vn\/en\/wp-json\/wp\/v2\/media?parent=4965"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/medlaw.vn\/en\/wp-json\/wp\/v2\/categories?post=4965"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/medlaw.vn\/en\/wp-json\/wp\/v2\/tags?post=4965"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}