Legal Information

22 2026-10

What should I do if my employer refuses to report my colleague's death as a work-related accident?

The lawyer explained that when the employer fails to report the death of an employee, the next of kin can apply for work-related injury identification on their own. The expenses for late reporting can be borne by the employer, and if the employer denies the existence of a labor relationship, the next of kin can first file for arbitration.

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22 2026-10

Who should apply for the compensation for work-related deaths?

The lawyer explained that the work-related death benefits should be claimed by the next of kin, and the employer has the obligation to assist them. If the next of kin fail to apply for the benefits, they can apply for and claim all the work-related death benefits on their own.

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22 2026-10

Who are included in the scope of supporting relatives?

The lawyer explained that the scope of dependents to be supported is determined in accordance with the "Regulations on the Scope of Dependents to Be Supported by Workers Who Die on the Job", which includes spouses, children, parents, etc. The determination of their eligibility requires considering factors such as their age, work ability, and main sources of livelihood.

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22 2026-10

Who is eligible to receive the dependent survivor's pension?

The lawyer explained that the dependents' pensions are received by the deceased worker's close relatives who were their main source of livelihood during their lifetime and who are unable to work. The spouse receives 40%, the other relatives receive 30%, and widows/widowers receive an additional 10%.

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22 2026-10

Is the salary still paid to employees who are sentenced to prison for work-related injuries?

The lawyer explained that the fixed benefits for workers injured at work are generally suspended during their imprisonment, but the one-time benefits that have been approved are not affected. He also advised them to distinguish the nature of the benefits and protect their rights according to the law.

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22 2026-10

How are the work-related injury benefits implemented for migrant workers working across provinces?

The lawyer explained that cross-provincial work-related injuries can be identified at the place of insurance or the place of production and operation. If the worker is not insured, the employer should pay the compensation or the fund should pay it first. The lawyer also advised the worker to secure evidence of the labor relationship as soon as possible.

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22 2026-10

Who should pay for the cost of recurring old work-related injuries?

The lawyer explained that if the recurrence of work-related injuries is confirmed and requires treatment, the fund will pay for the compliant medical expenses, and the unit will bear the expenses if the worker is not insured. During the period of suspension of work and retention of salary, the unit will still pay the worker's salary on a monthly basis.

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22 2026-10

Is the disability allowance paid on a monthly basis?

The lawyer explained that the disability allowance is paid monthly after the assessment of work ability. For grades 1 to 4, it is paid by the fund; for grades 5 to 6, it is paid by the employer. The amount is determined based on 90% to 60% of the employee's salary and is adjusted in line with salary changes.

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22 2026-10

Who will bear the cost of work-related injury rehabilitation treatment?

The lawyer explained that the work-related injury rehabilitation fees for those who have insurance will be paid by the fund, and those who do not have insurance will be fully borne by the employer. He also reminded them of the key points regarding the identification process, designated institutions, and the preservation of evidence.

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22 2026-10

What is the difference between a general guarantee and a joint and several guarantee?

The lawyer explained that there is a right of defense in general guarantees, and joint guarantees can be directly pursued. If the agreement is unclear, it will be presumed to be a general guarantee. The lawyer also reminded the client about the guarantee period and the key points of the contract.

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22 2026-10

After the transfer of the creditor's rights, who should the debtor settle accounts with?

The lawyer explained that after the transfer of creditor's rights is notified, the debtor shall perform the account settlement with the assignee. If no notification is made, the transfer will not take effect. The lawyer also highlighted the risks of duplicate repayment and the key points of verification.

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22 2026-10

If the secondary debtor goes bankrupt, how should the due claims be calculated?

The lawyer explained that after the bankruptcy of the secondary debtor, the creditor's rights must be declared as bankruptcy claims, and the individual enforcement will be suspended. He also suggested that the shareholders should accelerate the maturity of their investment and other recovery paths.

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22 2026-10

What should I do if a third party raises objections to the enforcement of an expired creditor's right?

The lawyer explained that when a third party raises an objection, the court will not proceed with the enforcement immediately. The applicant for enforcement may file a subrogation lawsuit or a lawsuit against the enforcement objection, and the lawyer also provided guidance on evidence collection and the choice of legal pathway.

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22 2026-10

Can I apply for a correction if I'm on the list of untrustworthy individuals?

The lawyer explained that after being included in the list of untrustworthy individuals, if they meet the statutory conditions, they can apply for correction or deletion according to law. This includes paths such as not being included in the list, fulfilling obligations, and settling disputes through mediation, as well as a review period of 15 days and a deletion deadline of within three days.

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22 2026-10

Is transferring property to evade debts during a fake divorce considered refusing to comply with the court's enforcement order?

The lawyer explained whether the transfer of property during a sham divorce constitutes refusal to perform obligations and whether it triggers the creditor's right of revocation, and reminded that the divorce agreement does not automatically prevail over the creditor's rights and that there is a one-year statute of limitations for revocation.

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