Evidence to be prepared to make an occupational accident compensation claim

• When an occupational accident occurs, employees not only have to face health injuries but may also experience income interruption, incur treatment costs and face difficulties in the process of claiming compensation from the enterprise. In fact, many cases of disputes arise because the enterprise does not admit that the accident occurred during the working process, the two parties do not agree on the cause of the accident or the employee does not have enough documents to prove his rights.

So when claiming compensation for occupational accidents, what evidence do employees need to prepare? How to prove that an accident occurred during the performance of work, determine the extent of damage and require the employer to fully perform its responsibilities in accordance with the law?

1. Important evidence to be prepared when claiming occupational accident compensation

Evidence proving labor relations and assigned jobs

First of all, the employee needs to prepare documents proving the labor relationship with the enterprise and the work being performed at the time of the accident. These documents may include employment contracts, hiring decisions, job assignment decisions, timesheets, payroll, employee cards, electronic attendance data, or information exchanged between employees and managers.

In the absence of a written labor contract, the employee can still use other evidence to prove the fact of working for the enterprise, such as assignment messages, work schedules, wage payment documents, photos at the workplace or testimony of co-workers. The absence of a written contract does not automatically mean that the employee is not protected in his or her rights; However, labor relations and specific benefits still need to be determined based on the nature of the job, management methods and related documents.

This is an important group of evidence to clarify whether the accident victim is subject to protection under the law on occupational safety and health, and at the same time determine the responsibility of the employer in the case.

1.1. Evidence proving the time, place and development of the accident

Workers should collect documents showing the time, place, and development of the accident. Evidence that may be useful includes images and videos from surveillance cameras, photos of the scene, accident messages, work logs, attendance data, work transfer information, and testimony of people who witnessed the incident.

If an accident occurs at a factory, construction site, warehouse, or other work site, field imagery and camera data can help clarify the location of the accident, the condition of machinery, equipment, working conditions, and other relevant factors. In case there are witnesses, employees should record contact information and the content of the incident that they directly witnessed to serve the verification process.

Employees should note that evidence must honestly reflect actual developments. Do not arbitrarily edit images, collage videos, or create untrue documents, as these acts can affect the credibility of the entire dossier.

1.2. Record of occupational accident investigation

An occupational accident investigation record is one of the most important documents when settling a claim. Depending on the nature and seriousness of the accident, the investigation shall be carried out by a competent investigation team in accordance with the law on occupational safety and health.

Investigation documents can show the time, place, development of the accident, causes, relevant factors and responsibilities of the subjects involved. This is an important basis to consider whether the case is a case of occupational accident or not, and at the same time clarify the fault of the employee and the employer when determining the liability for compensation or benefits.

According to the regulations on compensation and allowance dossiers for occupational accidents in Circular No. 28/2021/TT-BLDTBXH, dossiers contain documents on occupational accident investigation and minutes of meetings to announce investigation minutes as the case applies. Therefore, the employee should request to access or keep the documents related to the case as prescribed. If the enterprise does not coordinate or shows signs of determining the cause of the accident unobjectively, the employee needs to record the incident and find out the mechanism to request the competent authority to consider.

1.3. Medical examination and treatment dossiers and conclusions on assessment of working capacity decline

After the accident, employees need to keep emergency records, hospital discharge certificates, test results, photos, prescriptions, follow-up appointments, certificates of leave to enjoy social insurance and other relevant medical documents. These documents help to prove the health condition, the course of treatment, and the consequences of the accident.

In particular, when claiming compensation under the occupational accident regime, the results of the assessment of the level of working capacity impairment play an important role in determining the level of compensation or allowance as prescribed. Employees need to carry out assessment procedures at the competent authority and keep the assessment conclusions and minutes to supplement the dossier.

It is necessary to distinguish treatment records from assessment conclusions. Treatment records show the health status and healing process, while the assessment results are the professional basis for determining the level of working capacity decline in cases required by law. The fact that only a hospital discharge certificate or medical examination certificate is not enough to determine the compensation level according to the rate of working capacity decline.

1.4. Evidence of salaries and related incomes

Salary is one of the important bases for determining the level of compensation or allowance for occupational accidents. Therefore, employees should prepare labor contracts, contract appendices, payrolls, payslips, salary account statements, wage payment vouchers and documents showing allowances and additional salaries as a basis for calculation according to regulations.

If the employer pays salaries in cash or does not provide payroll, employees can keep receipts, payment confirmation messages or other documents showing the actual wages. In case the salary stated in the contract is different from the actual amount received, it is necessary to clarify the nature of each item and the applicable legal basis before calculating benefits.

These evidences help limit the situation of determining the compensation level lower than the amount payable due to the misuse of salary as a basis. Employees should not rely solely on oral exchanges about salaries but should try to gather verifiable documentation.

1.5. Documents proving actual treatment costs and damages

In addition to compensation or allowances based on working capacity impairment, employees may have the right to claim payment of medical expenses, salaries during treatment and other benefits as prescribed by law. Therefore, it is necessary to keep invoices, hospital fee vouchers, drug purchase invoices, medical service payment vouchers and documents related to treatment costs.

If there are travel expenses for medical examination and treatment, rehabilitation or other expenses, the employee should also keep the documents to consider the relevance and basis for the payment request. However, not all expenses incurred are automatically paid by the enterprise; Each item should be compared with the legal responsibility of the employer, the insurance regime and the specific applicable conditions.

Gathering complete documents from the beginning helps employees clearly determine the amount of money paid, which amount has been paid by the business or insurance, and which amount still needs to be settled.

1.6. Evidence of occupational safety conditions and faults causing accidents

In many cases, the dispute lies not only in whether an accident occurred or not but also in the causes and faults of the parties. Therefore, if possible, employees should keep documents reflecting working conditions, the condition of machinery, protective equipment, safety training contents, operating procedures and job assignments at the time of the accident.

Evidence may include images of damaged equipment, messages reflecting safety hazards, equipment inspection records, occupational safety and health training materials, machinery operation instructions, or witness testimony. In case the enterprise does not provide documents under its management, the employee may request the competent authority to collect and verify according to regulations.

This group of evidence can help clarify whether the enterprise has fully fulfilled its obligation to ensure occupational safety or not, and at the same time assist in determining whether the accident is entirely due to the fault of the employee. This is a factor that has a direct impact on the application of compensation or subsidies.

2. In case an accident occurs on the way to work or home, what evidence should be prepared?

For accidents that occur on the route to work or from work to home, employees need to keep documents proving the time, place, route and the connection between the trip and the commute to work and home. Depending on the case, documents that may be useful include police minutes, emergency records, scene photos, camera data, location information or travel schedules, and the employer's confirmation of working hours.

According to the 2015 Law on Occupational Safety and Health, accidents on the route to and from the place of residence and the workplace can be considered as an occupational accident if the statutory conditions are met, including reasonable route and time requirements. Therefore, it is not enough to prove that there is a traffic accident to implicitly conclude that the employee is entitled to the occupational accident regime.

Employees should pay attention to carry out verification procedures, make dossiers and provide documents at the request of competent authorities. If there is not enough evidence of the route or time, it may be difficult to determine the conditions for entitlement to the regime.

3. What to do when the enterprise does not provide documents or refuses to compensate?

When the enterprise does not provide the investigation record, does not coordinate the assessment or refuses to compensate, the employee should send a written request, clearly stating the accident, existing documents and request the enterprise to perform its responsibilities as prescribed. The submission of the document can be evidenced by a receipt slip, registered mail, e-mail, or a communication method that can record the content and time of the delivery.

Employees should preserve the originals of important documents, make copies to use when needed, and clearly record the times they work with the business. If there is a risk that the camera data will be deleted or the scene will be changed, it is necessary to immediately request the preservation of evidence or notify the competent authority for consideration of collection and verification.

In case it is not possible to collect evidence by themselves because the documents are under the management of the enterprise or other organization, the employee can request the competent agency to settle the case to support the collection according to the legal procedure. Depending on the nature of the case, the handling plan may include a request for settlement of regimes, complaints or initiation of lawsuits according to applicable regulations. The selection of options should be based on specific documents, statute of limitations and corresponding legal procedures.

4. The role of lawyers in collecting evidence and claiming compensation for occupational accidents

In occupational accident cases, having many documents does not mean that the dossier is complete or sufficient to prove the claim. It is important to determine what each document means, what issues it proves, and how it relates to the liability of the business. If there is a lack of investigation records, assessment conclusions or evidence of wages, employees may have difficulty determining the level of compensation and protecting their rights.

Lawyers can assist in reviewing all occupational accident records, classifying evidence according to each group of issues such as labor relations, accident developments, causes, faults of the parties, health status, working capacity impairment and actual damages. On that basis, the lawyer identifies the missing documents, guides the employee to supplement appropriate evidence and evaluates the basis for claiming compensation, benefits as well as related benefits.

In case the enterprise does not provide documents or there is a dispute about the cause of the accident, the lawyer can assist in drafting a written request for information, requesting the preservation of evidence, preparing the working content and instructing the employee to present the incident consistently. Honesty. For documents managed by enterprises or other agencies that employees cannot access by themselves, lawyers can advise on procedures to request competent agencies to collect and verify according to regulations.

In addition to collecting evidence, lawyers can also compare the dossier with the law to determine the employer's liability for compensation or benefits, check the salary as a basis for calculating and reviewing the expenses under the responsibility for payment. When a dispute arises, the lawyer shall assist in negotiating, drafting a written request for settlement, advising on complaint procedures or initiating a lawsuit in accordance with the nature of the case, and at the same time pay attention to the conditions of the statute of limitations and the obligation to prove.

Early consultation with a lawyer is especially meaningful when the accident has serious consequences, the business does not admit responsibility or evidence is at risk of being lost. Timely legal support helps employees correctly identify issues that need to be proved, limit errors in the process of dossier preparation and improve their ability to protect their legitimate rights and interests.

5. Conclusion

To claim compensation for occupational accidents, employees need to focus on preparing evidence proving labor relations, accident developments, investigation records, medical examination and treatment records, assessment conclusions, salaries and related expenses. Depending on the case, documentation of occupational safety conditions, the fault that caused the accident or the route to work can also play an important role in determining responsibilities and rights.

Employees should keep evidence as soon as an accident occurs, request enterprises to coordinate in compiling dossiers and actively learn about the benefits they are entitled to in accordance with current laws. If there are difficulties in collecting documents, determining the level of compensation or resolving disputes with businesses, consulting with a lawyer will help evaluate the dossier, choose the right option and protect legitimate interests more effectively.

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(Written by: Doan Ngoc Khanh; Date written: 26/10/2026)

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