What is an occupational disease? List of 5 groups of occupational diseases

What is an occupational disease, for example? List of occupational diseases of the Ministry of Health. Regulations on calculating occupational disease allowances and enjoying occupational disease regimes.

What is occupational disease?

Occupational diseases are diseases caused by workers having to work in a toxic environment (a lot of dust, noise, toxic substances, work pressure, etc.) or by other harmful factors originating from the working conditions of the occupation that affect the health of workers.

Occupational disease examples:

You work in a mechanical workshop, repairing machines, equipment or engines… and you often have to come into contact with grease such as kerosene, lubricants, engine lubricating grease. Over time, the skin areas exposed to grease will develop greasy bumps (also known as oil spots), this is oil spots disease – one of the occupational diseases.

>> See more: What is a work accident?

List of 35 occupational diseases belonging to 5 groups of occupational diseases of the Ministry of Health

Pursuant to Article 3 of Circular 15/2016/TT-BYT and Article 1 of Circular 02/2023/TT-BYT, the list of occupational diseases covered by social insurance includes 35 types of diseases belonging to 5 groups of diseases, specifically as follows:

➧ Group 1 – Diseases related to pneumoconiosis and bronchial asthma

1. Silicosis;
2. Asbestosis;
3. Cotton lung disease;
4. Chronic bronchitis;
5. Coal dust disease;
6. Talcosis;
7. Occupational asthma.

➧ Group 2 – Occupational poisoning disease group

8. Manganese and manganese compound poisoning;
9. Mercury and mercury compounds poisoning;
10. Benzene and benzene homologue poisoning;
11. Occupational nicotine poisoning;
12. Occupational cadmium poisoning;
13. Occupational arsenic and arsenicosis;
14. Occupational carbon monoxide poisoning;
15. Occupational pesticide poisoning;
16. Lead and lead compound poisoning;
17. TNT (trinitrotoluene) infection.

➧ Group 3 – Occupational diseases caused by physical factors

18. Occupational radiation disease;
19. Noise-induced deafness;
20. Occupational disease due to local vibration;
21. Occupational disease due to whole body vibration;
22. decompression sickness;
23. Occupational cataract.

➧ Group 4 – Occupational skin diseases

24. Occupational dermatitis;
25. Occupational seborrheic dermatitis;
26. Contact dermatitis due to direct contact with chromium;
27. Skin disease caused by prolonged exposure to cold and wet environments;
28. Skin disease caused by contact with natural rubber, rubber additives.

➧ Group 5 – Occupational infectious diseases

29. Occupational tuberculosis;
30. Hepatitis B virus;
31. Hepatitis C virus;
32. Leptospira;
33. Mesothelioma;
34. HIV infection due to accident;
35. Occupational Covid 19 disease.

Principles of diagnosis and treatment of occupational diseases

For employees suffering from occupational diseases, diagnosis, treatment and prevention must be carried out according to the following principles:

➧ After being diagnosed with an occupational disease, employees need to:

• Treatment according to the Ministry of Health’s procedures (*);
• Limit exposure to harmful factors that cause occupational diseases;
• Treatment, rehabilitation and assessment of the level of loss of working capacity to enjoy insurance benefits in accordance with current laws.

➧ Occupational diseases that cannot be treated must be transferred for immediate assessment, including:

• Occupational noise-induced deafness;
• Occupational diseases due to whole body vibration/local vibration;
• Manganese poisoning;
• Pneumoconiosis (except cottonseed pneumoconiosis);
• Occupational cancer, cancer caused by occupational diseases.

➧ For employees diagnosed with occupational poisoning, during the guarantee period, it is not necessary to test to determine toxins in the body.

Note:

(*): For occupational poisoning diseases, detoxification and detoxification must be carried out promptly.

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Employees suffering from occupational diseases will enjoy the following occupational disease benefits:

1. Occupational disease insurance from insurance fund;
2. Occupational disease benefits from the employer’s fund (agency, organization, enterprise where the employee is working).

For details about each mode, please read the following content.

6 occupational disease benefits that employees receive from the insurance fund

Pursuant to Clause 1, Article 46 of the Law on Labor Safety and Hygiene, employees participating in occupational disease insurance will receive benefits from the insurance fund if they satisfy the following conditions:

• Having a disease on the list of occupational diseases of the Ministry of Health;
• Reduced working capacity by 5% or more.

1. One-time subsidy

Case 1: Employee’s working capacity is reduced from 5% – 30%

Note:

(*): From a 5% reduction, employees with an additional 1% reduction will receive an additional 0.5% of their basic salary.

➧ Formula for calculating the allowance level for employees with a 6% reduction in working capacity: 

Specifically: One-time subsidy level = {5 x L _min + (m – 5) x 0.5 x L _min } + {0.5 x L + (t – 1) x 0.3 x L}

In there:

• L _min : Basic salary at the time of receiving one-time allowance;
• m: Level of reduced working capacity due to occupational disease (take absolute number 5 ≤ m ≤ 30);
• L: Salary level for insurance contribution to the occupational accident and disease insurance fund;
• t: Total number of years of insurance contributions to the occupational accident and disease insurance fund.

For example:

Mr. A is an electrician, specializing in installing electrical and water systems in construction projects and Mr. A has been exposed to many chemicals, dust, and UV rays for a long time. Therefore, on August 25, 2023, Mr. A was diagnosed with construction skin pigmentation (also known as occupational skin pigmentation – group 4 above).

Mr. A was assessed to have a 6% reduction in working capacity due to occupational disease. Up to that point, Mr. A had paid occupational disease insurance for 4 years and the salary for occupational disease insurance in July 2023 was 5,000,000 VND. The basic salary at that time was 1,800,000 VND. 

So Mr. A’s one-time subsidy is calculated as follows:

• The level of allowance is calculated according to the level of loss of working capacity:

5 x 1,800,000 + (6 – 5) x 0.5 x 1,800,000 = 9,900,000 VND.

• Subsidy level calculated based on number of years of occupational disease insurance contributions:

0.5 x 5,000,000 + (4 – 1) x 0.3 x 5,000,000 = 7,000,000 VND.

• Mr. A’s one-time subsidy is: 9,900,000 + 7,000,000 = 16,900,000 VND.

➧ In addition, employees will receive benefits calculated based on the number of years of paying occupational accident and disease insurance as follows:

• 1 year or less is calculated as 0.5 month;
• Then, for each additional year of insurance payment, 0.3 months of salary will be added to the fund in the month immediately following the month of occupational disease.

Case 2: Employee died due to occupational disease

For employees with occupational diseases and in one of the following cases:

• Employee died of occupational disease while working;
• Employee dies during first occupational disease treatment;
• Employee dies during treatment without having his/her work capacity reduced.

Relatives of that employee will receive benefits and occupational disease insurance in the month the employee dies, including:

• One-time allowance equal to 36 times the basic salary;
• Death benefit: Funeral benefit with a subsidy level equal to 10 times the basic salary.

>> See details: Death benefit level.

2. Monthly allowance – reduced working capacity from 31%

➧ Employees with a 31% or more reduction in working capacity will receive a subsidy calculated based on the number of years of paying occupational accident and disease insurance as follows:

• 1 year or less is calculated at 0.5%;
• Then, for each additional year of insurance payment, an additional 0.3% of the salary of the month in which the occupational disease occurs will be calculated.

➧ Along with that, employees will receive an additional monthly allowance corresponding to the level of reduced working capacity as prescribed as follows:

Note:

(*): From a 31% reduction, employees with an additional 1% reduction will receive an additional 2% of the basic salary.

➧ Formula for calculating monthly allowance for employees with reduced working capacity of 32% or more:

Specifically: 

Monthly allowance = {0.3 x L _min + (m – 31) x 0.02 x L _min } + {0.005 x L + (t – 1) x 0.003 x L}

In there:

• L _min : Basic salary at the time of receiving monthly occupational disease allowance;
• m: Level of reduced working capacity due to occupational disease (take absolute number 31 ≤ m ≤ 100);
• L: Salary level for insurance contribution to the TNLĐ – BNN fund;
• t: Total number of years of contribution to occupational disease insurance fund.

For example:

Mr. N is an employee working at a grain factory. Due to the nature of his work, Mr. N is often exposed to and inhales dust in the working environment. That is the reason why Mr. N was diagnosed with industrial asthma (also known as occupational asthma – group 1 above) on March 21, 2024.

Mr. N was assessed to have a 33% reduction in working capacity due to occupational disease. Up to that point, Mr. N had paid occupational disease insurance for 6 years and the salary for occupational disease insurance in February 2024 was 6,000,000 VND. The basic salary at that time was 1,800,000 VND. 

So Mr. N’s monthly allowance is calculated as follows:

• The level of allowance is calculated according to the level of loss of working capacity:

0.3 x 1,800,000 + (33 – 31) x 0.02 x 1,800,000 = 612,000 VND.

• Subsidy level calculated based on number of years of occupational disease insurance contributions:

0.005 x 6,000,000 + (6 – 1) x 0.003 x 6,000,000 = 120,000 VND.

• Mr. N’s monthly allowance is: 612,000 + 120,000 = 732,000 VND/month.

Note:

(*) In this case, the insurance agency must notify in writing the reasons for the decision before terminating the monthly subsidy, and the reasons must be based on the conclusions of the competent state agency.

3. Vehicle allowance

Employees suffering from occupational diseases that damage body functions will be provided with living aids or orthopedic devices based on their illness and as prescribed.

4. Service allowance – reduced working capacity from 81%

In case the employee’s working capacity is reduced by 81% or more, including spinal paralysis, blindness in both eyes, amputation, paralysis or mental illness:

• Receive monthly allowance;
• Receive additional allowances equal to the basic salary.

5. Allowance for recuperation and health recovery after treatment

Once treatment is stable, within the first 30 days from the employee’s return to work, if their health has not recovered, the employee will be allowed to rest and recover according to regulations (depending on the level of reduced working capacity), specifically as follows:

In addition, during the break, employees will receive a subsidy of 30% of the basic salary/day.

Note:

In case an employee returns to work but there is no conclusion on the assessment of the level of reduced working capacity, and within the first 30 days, the employee’s health is not stable, the employee is still entitled to rest and recovery according to regulations.

6. Career transition support mode

The employer will have to arrange a new job that is suitable for the employee’s health if the employee returns to work after treatment. In this case, if the employee needs training to change jobs, the insurance fund will support tuition fees according to the regulations:

• The support level does not exceed 50% of tuition fees and does not exceed 15 times the basic salary;
• Each worker is only supported a maximum of 2 times and only receives support once a year.

>> See details: Regulations on basic salary.

Occupational disease benefits from employer’s fund

Pursuant to Article 38 of the Law on Labor Safety and Hygiene, employees suffering from occupational diseases will be entitled to the following occupational disease benefits from the employer: 

• Receive timely first aid and emergency care;
• Be referred for medical assessment to determine the degree of impairment of working capacity as well as to receive treatment, nursing and rehabilitation;
• Get paid for medical expenses from first aid, emergency to stable treatment;
• Receive compensation according to law;
• Receive full monthly salary and will be arranged by the employer to work suitable to health if continuing to work during the time off for treatment and recovery.

In particular, payment of medical expenses and compensation are specifically regulated as follows:

1. Medical expenses

Medical expenses that employees receive from employers when they have occupational diseases:

• Advance payment for first aid and emergency;
• Expenses not covered by health insurance and co-payments with health insurance;
• Cost of examination and assessment of the level of labor capacity loss (loss level below 5%);

Note:

The above expenses apply in case the employee participates in health insurance. If the employee does not participate in health insurance, the employer must pay all medical expenses for the employee.

>> Learn more: What is health insurance co-payment?

2. Compensation level

➧ Depending on the level of reduced working capacity, the regulations on compensation for employees with occupational diseases of the employer will be different, specifically:

Note:

(*): From a 10% reduction, for every 1% increase, employees will receive an additional 0.4 months of salary.

➧ Formula for calculating compensation for employees with reduced working capacity from 11% – 80%:

In there:

• Tbt: Compensation level when the employee’s working capacity is reduced by 11% or more (unit of calculation is monthly salary);
• 1.5: Compensation level when employees have a 5-10% reduction in working capacity;
• a: Percentage of loss of working capacity;
• 0.4: Compensation coefficient when the employee’s working capacity reduction increases by 1%.

For example: 

Mr. A works at company B. Due to being exposed to a lot of dust and smoke during work, Mr. A has occupational asthma – group 1 above. So the minimum compensation that company B must pay to Mr. A is calculated as follows:

• If Mr. A has a 11% SGKNLĐ penalty: Tbt = 1.5 + {(11 – 10) x 0.4} = 1.9 months salary;
• If Mr. A has a 81% disability: Tbt = 1.5 + {(81 – 10) x 0.4} = 29.9 months salary.

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You can look up the occupational disease compensation level according to the information table in Appendix I attached to Circular 28/2021/TT-BLDTBXH.

>> See details: Look up occupational disease compensation levels.

Process and procedures for receiving occupational disease benefits

1. Procedures for receiving occupational disease benefits

• Within 30 days, the employer must submit the application for occupational disease benefits to the Social Insurance agency (from the date of receiving relevant documents to prepare the application for occupational disease benefits such as: hospital discharge papers, minutes of assessment of the level of reduced working capacity, etc.);
• After 10 days from the date of receiving the complete application, the Social Insurance Agency will review and resolve the occupational disease insurance regime for the employee. In case of refusal, the Social Insurance Agency must provide the reason in writing.

2. Ways to receive occupational disease insurance money

• Method 1: Money is transferred from the Social Insurance agency to the employee’s personal account number (applicable to cases where the employee provides a personal account number in form 05A-HSB);
• Method 2: Receive one-time benefits directly at the Social Security agency (for receiving one-time benefits);
• Method 3: Receive money via post from the Social Security agency;
• Method 4: Receive money from the Social Security agency through the business or employer.

To know more about how to prepare documents and procedures to enjoy occupational disease insurance, you can refer to the following article of fdiinvietnam.com.

>> See details and download free form: Procedures for receiving occupational disease insurance.

Frequently asked questions related to occupational accident and disease regime

1. What is an occupational disease?

Occupational disease is a disease that arises because workers have to work in unsafe (harmful) conditions and affects their health.

2. What are common occupational diseases?

Common occupational diseases today are those in the list of 35 occupational diseases covered by social insurance:

• Coal dust disease;
• Lead and lead compound poisoning;
• Occupational tuberculosis… 

>> See details: List of 35 occupational diseases.

3. How many occupational diseases are covered by insurance?

Occupational diseases covered by social insurance include 35 types of diseases and are divided into 5 groups of diseases:

• Group of diseases related to pneumoconiosis and bronchial;
• Occupational toxic diseases;
• Occupational diseases caused by physical factors;
• Occupational skin diseases;
• Occupational infectious diseases.

>> See details: List of insured occupational diseases.

4. What occupational disease benefits will employees receive?

Employees with occupational diseases will enjoy the following benefits:

• Occupational disease insurance from insurance fund;
• Social insurance regime from individuals, agencies, organizations, and businesses where employees are working.

5. What occupational disease benefits are employees entitled to from the employer?

Employees will receive the following occupational disease benefits from the employer:

• Receive timely first aid and emergency care;
• Be referred for medical assessment to determine the degree of impairment of working capacity as well as to receive treatment, nursing and rehabilitation;
• Get paid for medical expenses from first aid, emergency to stable treatment;
• Receive compensation according to law;
• Receive full monthly salary and will be arranged by the employer to work suitable to health if continuing to work during the time off for treatment and recovery.

>> See details: Occupational disease benefits from businesses.

6. What occupational disease insurance benefits do employees receive from the insurance fund?

Employees will receive benefits and occupational disease insurance from the insurance fund depending on the level of reduced working capacity, specifically as follows:

• One-time allowance;
• Monthly allowance;
• Service allowance;
• Vehicle allowance;
• Health care and rehabilitation allowance;
• Career transition support mode.

>> See details: Occupational disease insurance policies.

7. Conditions for occupational disease insurance?

Employees will receive insurance benefits from the occupational disease insurance fund if they meet the following occupational disease insurance conditions:

• Employees with occupational diseases are entitled to social insurance;
• Employees whose working capacity is reduced by 5% or more.

8. What is occupational seborrheic dermatitis?

Occupational seborrheic dermatitis (folliculitis) is a skin disease caused by frequent contact with dirty oils and greases during work. This is a disease that workers in the field of repair or industrial cleaning, jobs that come into direct contact with oils and greases often suffer from.

9. What is occupational lead poisoning?

Occupational lead poisoning is a poisoning caused by exposure to lead and lead compounds during work and labor.

10. What is occupational asthma?

Occupational asthma is asthma caused by workers inhaling chemical fumes, dust, gases or other substances during work.

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