Since social isolation measures ceased on 1st October,
businesses have been able to re-open. Employees have returned to
work. But employees--even those who have been vaccinated--remain at
risk. The situation also creates a new issue: Are Covid-19
infections in the workplace considered work-related?
Work-related "accidents" are regulated in the Law on
Occupational Safety and Hygiene No. 84/2015/QH13
("LOSH"). A work-related accident is one
which (i) causes injury to an employee's body or causes the
employee's death, and (ii) occurs during the course of work in
connection with the employee's performance of her job. LOSH
does not define an "accident".
One view is that an employee who has been infected by Covid-19
in the workplace, has suffered a work-related accident. If so, the
employee is eligible to be compensated if her work capacity has
been reduced by 5% or more or if she dies. Another view is that a
Covid-19 infection is not a work-related accident because
