People who have an accident outside of work can enjoy occupational accident benefits

Lawyer Nguyen Mai Phuong, YouMe Law Firm LLC, replied:

Clause 1, Article 45 of the Law on Labor Safety and Hygiene 2015 stipulates the conditions for enjoying occupational accident benefits as follows:

Employees participating in occupational accident and disease insurance are entitled to occupational accident benefits when they meet the following conditions:

1. The accident victim is one of the following cases:

a) At the workplace and during working hours, even when performing necessary living needs at the workplace or during working hours permitted by the Labor Code and the regulations of the production and business establishment, including taking a break, eating between shifts, eating solid foods, menstrual hygiene, bathing, breastfeeding, and going to the toilet;

b) Outside the workplace or outside of working hours when performing work at the request of the employer or a person authorized by the employer in writing to directly manage the employee;

c) On the route from the place of residence to the workplace or from the workplace to the place of residence within a reasonable time and route;

Clause 3, Article 39, Article 45 of the Law on Labor Safety and Hygiene 2015 stipulates the responsibility of employers for compensation and subsidies in special cases when employees have work-related accidents:

2. In case the employee has an accident while traveling from place to place of work or from work to place of residence by road and at a reasonable time, if it is caused by someone else's fault or the person causing the accident cannot be identified, the employer shall provide the employee with a subsidy according to the provisions of Clause 5, Article 38 of this Law.

Thus, employees who have an accident outside the workplace or outside of working hours while performing work as requested by the employer, or who are authorized by the employer in writing to directly manage the work, or have an accident on the route from the place of work to the place of work or from the workplace to the place of residence within a reasonable time and route can enjoy the occupational accident regime according to the above regulations.