On November 1, 2024, the Government issued Decree No. 143/2024/ND-CP, which regulates voluntary labor accident insurance for workers without labor contracts.
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Photo 1: Conditions for Receiving Voluntary Labor Accident Insurance Benefits for Workers without Labor Contracts_Hotline: 0972118764
Accordingly, the conditions for receiving voluntary labor accident insurance benefits for workers without labor contracts are as follows:
Article 5 of Decree No. 143/2024/ND-CP stipulates that workers without labor contracts are entitled to labor accident insurance benefits when:
The worker is participating in voluntary labor accident insurance and meets the following conditions:
- The worker has a reduction in work capacity of 5% or more due to a labor accident occurring during the period of voluntary labor accident insurance participation;
- The worker does not fall under the exceptions specified in Clause 2, Article 5 of Decree No. 143/2024/ND-CP.
Note: Workers are not entitled to labor accident benefits under Article 4 of Decree No. 143/2024/ND-CP if the accident occurs due to any of the following reasons:
- A conflict between the victim and the person responsible for the accident, unrelated to work or labor duties;
- The worker intentionally harms their own health;
- The use of illegal drugs or substances as defined by law.
Regarding the timeframe for resolving voluntary labor accident insurance claims, it is stipulated in Article 23 of Decree No. 143/2024/ND-CP, as follows:
- The worker or their relatives must submit the required documents as specified in Article 22 of Decree No. 143/2024/ND-CP to the social insurance agency where the worker has registered for insurance within the following time limits:
+ 30 days from receiving the disability assessment report from the medical assessment council;
+ 90 days from the worker’s death while participating in voluntary labor accident insurance.
Within 7 working days after receiving all required documents, the social insurance agency must process the labor accident insurance claim. If the claim cannot be processed, the agency must notify the applicant in writing, stating the reasons for the delay.
Therefore, workers and the relatives of workers without labor contracts need to determine whether they meet the conditions to receive voluntary labor accident insurance benefits and understand the regulations regarding the timeframe for processing their claims after submission to the social insurance agency where they have registered.
Decree No. 143/2024/ND-CP takes effect on January 1, 2025.
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