Who pays workers' compensation benefits in case of an accident?

The police report determined that the main fault was my company's workers who were driving on the wrong side of the road. So, does the company have to pay disability benefits to the workers?

TRANG NGUYEN (Kinh Mon)

Reply:

Article 39 of the Law on Labor Safety and Hygiene 2015 stipulates as follows:

"Article 39. Responsibilities of employers regarding compensation and allowances in special cases when employees have work-related accidents:

1. In case an employee has a work accident while performing duties or following the direction of the employer outside the scope of the agency, enterprise, organization or cooperative, if it is caused by someone else or the person causing the accident cannot be identified, the employer must still compensate the employee according to the provisions of Clause 4, Article 38 of this Law.

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

Thus, only in the case of an accident "caused by the fault of another person or the person causing the accident cannot be identified" is the employer responsible for providing benefits to the employee.