Workplace Injury Compensation: What Employees Need to Know
Workplace accidents are ever-present risks that can cause significant harm to a worker’s health and income. Understanding your rights, obligations, and legal procedures is crucial for protecting yourself and avoiding unnecessary legal disputes for your employer.
Conditions for Workplace Injury Recognition
Employees and employers must clearly understand the legal conditions to determine whether an incident qualifies as a workplace injury. Proper and timely recognition ensures employee rights are protected and the employer’s responsibilities are properly fulfilled.
Key Legal Criteria
Under labor law, an incident is recognized as a workplace injury if it meets the following criteria:
Occurred during working hours;
Took place at the assigned work location;
Caused by objective factors arising from work;
Resulted in health damage, injury, or death to the worker.
If no investigation record is created or the incident is not verified by the employer or relevant authorities, recognition of the workplace injury may be denied.
Necessary Documents and Evidence
To qualify for compensation, the worker must submit documents such as the labor contract, shift attendance record, workplace injury investigation report, medical records, and a medical assessment specifying the level of impairment. If no investigation report exists, witnesses or other proof of the incident are required.
Employee Entitlements in Workplace Accidents
Once a workplace injury is legally recognized, it’s essential to understand what compensation the worker is entitled to. Below are the compensation types and situations that may lead to denied claims.
Compensation That Can Be Claimed
Workers may claim reimbursement for medical expenses, compensation for reduced work capacity, and receive support from the workplace injury insurance fund (if covered by social insurance). If the employer is at fault, the compensation may also include moral damages and lost income.
When Compensation Claims May Be Rejected
If the worker previously received financial support from the company under a written agreement, courts are unlikely to approve additional claims. Furthermore, if new or worsened injuries appear after employment has ended and cannot be directly linked to the workplace, compensation is rarely granted.
How the Court Handles Workplace Injury Disputes
If the employer and employee cannot reach an agreement, the worker can file a lawsuit. This requires careful preparation of documentation, evidence, and legal knowledge.
Court Consideration of Past Agreements
The court reviews the full process from the time of the accident to the lawsuit filing. If the worker has already accepted compensation and agreed not to make further claims, new requests are unlikely to be approved.
Court Fees and Appeal Costs
In certain cases, low-income workers are exempt from court fees at the trial level. However, if an appeal fails, the worker will still have to pay appeal-related fees. This is something to carefully consider before pursuing higher-level litigation.
Contact DEDICA for Legal Assistance
Workplace injury disputes are legally complex and require proper evaluation of evidence and documentation. If you are facing challenges in such matters, contact DEDICA Law Firm for in-depth legal support.
Our legal team at DEDICA is experienced in handling workplace injury cases, insurance issues, and court litigation. We are committed to protecting your legal rights effectively and professionally.
Contact DEDICA Law Firm for expert consultation!
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