Tiếng Việt
中文An employee having an accident on the way to work is not always deemed a workplace accident, and the employer’s obligations to pay salary, compensate and provide allowances depend on the classification of the accident. A general conclusion that “salary payment is not mandatory” is inaccurate. This article distinguishes three cases under the Law on Occupational Safety and Hygiene 2015 and the current social insurance legislation.
1. What is a workplace accident? Is an accident on the commuting route a workplace accident?
A workplace accident is an accident causing bodily injury or death to an employee, occurring in the course of labor, in connection with the performance of work or labor tasks. Besides accidents occurring at the workplace during working hours, social insurance legislation also recognizes the case of an accident on the route to and from the residence to the workplace — provided that the route and travel time are reasonable — as eligible for the workplace accident regime. The basis is Point c, Clause 1, Article 45 of the Law on Occupational Safety and Hygiene 2015 (guided by Article 5 of Decree 143/2024/ND-CP).
Conversely, accidents occurring off the reasonable route, outside reasonable time, or during activities that are purely personal and unrelated to work, are not deemed workplace accidents.
Note: administrative dispatches (such as Official Dispatch 2704/LDTBXH-ATLD of 2019) are merely guiding documents responding to specific situations; they are not normative legal documents and cannot be used as the sole basis for concluding an enterprise’s obligations in all cases.
2. Obligations of employers towards persons suffering workplace accidents
When an accident is determined to be a workplace accident, under Article 39 of the Law on Occupational Safety and Hygiene 2015, employers have the following main responsibilities: promptly providing first aid and advancing costs; paying medical costs (the health-insurance co-payment portion, costs outside the health insurance list, and all costs if the employee does not participate in health insurance); paying full salary to employees who must take leave during treatment and functional rehabilitation; compensating or providing allowances depending on fault and the degree of loss of working capacity; carrying out compensation and allowances within 05 days from the date of the assessment conclusion; and arranging suitable work after treatment.
3. Three cases and corresponding obligations
Case 1 — Workplace accident (at the workplace, during working hours or when performing work as required): the employer fully performs the obligations in Article 39 above, including paying full salary during the treatment period and compensation/allowances according to the degree of loss of working capacity.
Case 2 — Accident on a reasonable commuting route: the employee may be entitled to the workplace accident regime from the occupational accident and disease insurance fund if the conditions under current social insurance legislation are met (the Law on Social Insurance 2024, effective from 01/7/2025, inheriting the principles of the Law on Social Insurance 2014). The employer’s direct obligations in this case must be determined specifically according to the conclusions of the competent authority and the dossier of each case — no general conclusion can be drawn that the enterprise does not have to pay anything.
Case 3 — Accident unrelated to work (outside the reasonable route/time, personal activities): not a workplace accident; the employer has no obligation to pay salary during treatment leave or compensation under Article 39. Employees taking leave for treatment may be entitled to sickness benefits under social insurance legislation if conditions are met.
Notes on applying current legal regulations
The content of this article is presented for reference purposes, helping readers understand the legal issue at an overview level. The classification of accidents and the determination of specific obligations depend on the workplace accident investigation report, the assessment conclusions and the dossier of each case. Where an assessment of an enterprise’s obligations in a specific accident is needed, you should contact an ANT Legal lawyer via 0966.475.966 for review and advice before proceeding.
Common risks to note
– Using an administrative dispatch as the sole basis for refusing obligations.
– Concluding “no salary payment” generally without classifying the accident.
– Failing to prepare reports, notify, and investigate workplace accidents as prescribed.
– Overlooking the employee’s entitlement to social insurance benefits.
How can ANT Legal help?
ANT Legal assists enterprises in assessing the nature of accidents, determining obligations for compensation, allowances and salary payment in accordance with regulations, and advising on disputes arising with employees. For prompt advice, please contact our lawyers via 0966.475.966.
Frequently asked questions
Is an accident suffered by an employee on the way to work deemed a workplace accident?
It can be — an accident on the route to and from the residence to the workplace, provided that the route and travel time are reasonable, may be entitled to the workplace accident regime (Point c, Clause 1, Article 45 of the Law on Occupational Safety and Hygiene 2015).
What is an employee suffering a workplace accident entitled to?
Prompt first aid, emergency care and cost advances; payment of medical costs; full salary payment for employees who must take leave during treatment and functional rehabilitation; compensation or allowances depending on fault and the degree of loss of working capacity; arrangement of suitable work after treatment (Article 39 of the Law on Occupational Safety and Hygiene 2015).
Is an accident on the way to work off the reasonable route a workplace accident?
No. Accidents occurring off the reasonable route, outside reasonable time, or during purely personal activities unrelated to work are not deemed workplace accidents.
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