On the afternoon of March 12, the People's Court of Ho Chi Minh City branch 1 (formerly Ba Ria - Vung Tau area) held an appellate trial for the dispute over expenses and compensation for workers who suffered labor accidents, between the plaintiff Mr. Ho Thanh Thinh (born in 1995), and the defendant Pomina 2 Steel Joint Stock Company.
The Ho Chi Minh City Labor Federation sent Mr. Nguyen Trung Ngan to participate in the trial, protecting the legitimate rights and interests of workers.
Previously, on August 18, 2022, while working at the factory of Pomina 2 Steel Joint Stock Company, Mr. Thinh was hit by a hot steel bar that pierced through his thigh in the left knee area, completely severing the thigh nerve, the back muscles of the thigh... , the injury rate was assessed at 46%. The incident was identified as a workplace accident.
However, when the employee requested the business to pay the incurred costs during treatment (15.8 million VND), the business did not agree, leading to disputes. After that, with the support of the Trade Union protecting the legitimate rights and interests of employees, Mr. Ho Thanh Thinh filed a lawsuit, requesting the business to compensate.
In early September 2025, the People's Court of District 12 - Ho Chi Minh City held a first-instance trial, forcing Pomina 2 Steel Joint Stock Company (abbreviated as Pomina 2 Company) to pay Mr. Thinh a total amount of more than 199.22 million VND.
In which, Pomina 2 Company voluntarily compensated Mr. Thinh 15.8 million VND for treatment costs; 9 million VND for hiring people for physical therapy. Forced the business to compensate Mr. Thinh for labor accident benefits of 159 million VND (according to a salary of about 10 million VND); along with more than 21.1 million VND in late payment interest; minus the cost of more than 5.7 million VND that the business had previously supported workers.
Disagreeing with the first-instance judgment, Pomina 2 Company appealed, requesting the cancellation of the entire content of the first-instance judgment, even for the 2 amounts that this enterprise voluntarily compensated.
In the appellate trial, Mr. Nguyen Trung Ngan clearly stated the terms forcing the enterprise to compensate the person who suffered a work accident according to legal regulations. At the same time, the Trial Panel also analyzed for the defendant to grasp. Through this, the representative of Pomina 2 Company agreed to compensate Mr. Thinh the amount of 15.8 million VND and 9 million VND.
But this enterprise requested the Trial Panel to recalculate the compensation amount of 159 million VND, according to the salary of more than 5.3 million VND in the labor contract signed in 2019; and did not accept the arising interest.
The Trial Panel determined that the salary according to the labor contract signed in 2019 was adjusted annually. In the dispute file, there is no document showing the specific salary of the employee, so the first-instance court's determination of Mr. Thinh's income of 10 million VND before the accident occurred as a basis for calculating compensation is appropriate.
Regarding the interest amount, because the employee only requested 10 million VND in the lawsuit, and at the same time in court, the employee also agreed to the interest amount of 10 million VND, the Trial Panel will adjust part of the first-instance judgment.
On that basis, the Trial Panel ordered Pomina 2 Steel Joint Stock Company to compensate Mr. Ho Thanh Thinh more than 188 million VND; prepare a dossier to send to the competent social insurance agency so that Mr. Thinh can enjoy labor accident benefits according to regulations.
