On September 5, after 2 days of trial, the People's Court of Region 12 - Ho Chi Minh City declared a partial acceptance of Mr. Ho Thanh Thinh's request (born in 1995), demanding Pomina 2 Steel Joint Stock Company (abbreviated as Pomina 2 Company) to pay Mr. Thinh a total of nearly 200 million VND.
Previously, on August 18, 2022, while working at the Pomina 2 Company factory, Mr. Thinh suffered a hot steel bar running through his left knee, completely severing the thigh nerve, the muscles of the back of the thigh... the disability rate was assessed at 46%. The incident was determined to be a work accident.
Pomina 2 Company paid all treatment costs during Mr. Thinh's hospitalization, paid monthly salary until Mr. Thinh returned to work (around May 2023) and supported him with more than 5.7 million VND. However, when Mr. Thinh asked the company to pay some additional costs including: medical costs, physical therapy costs, etc., the company did not agree.
Therefore, Mr. Thinh contacted the union for support, and was assigned by the Ho Chi Minh City Labor Federation to Mr. Nguyen Trung Ngan (Department of Legal Policy and Labor Relations) to accompany the workers to protect their legitimate rights. Therefore, Mr. Thinh filed a lawsuit, requesting the company to compensate VND 195.8 million along with interest arising over a period of 2 years.
These include: co-payment medical expenses of 15.8 million VND; physical therapy expenses for 1.5 months of 9 million VND; cost of hiring caregivers for single families of 12 million VND; compensation for occupational accident benefits corresponding to a salary of 10 million VND/month of 159 million VND.
At the trial, the representative of the enterprise agreed to pay the remaining amount of medical and physical expenses, disagreeing with other requests of workers who had work-related accidents; requested the Trial Council (HDXX) to consider the salary paid to Mr. Thinh during the period of not working (more than 76 million VND) along with more than 5.7 million VND, which was the amount the enterprise supported the workers.
However, based on the documents and developments at the trial, the Trial Council did not accept Mr. Thinh's request to hire a caregiver because there was not enough basis. The court ordered the enterprise to compensate employees for work-related accidents according to regulations, withdrawing more than VND5.7 million in support. Because the enterprise violated the payment time, it should accept the employee's request to calculate interest. Do not consider the request of the business to propose calculating the salary paid as support money.
Thus, the enterprise must pay employees VND 15.8 million for medical expenses; VND 9 million for physical therapy expenses; more than VND 153.25 million for compensation for work-related accidents. Along with the interest, the enterprise must pay the employees a total of nearly 200 million VND.
