Miscellaneous Provisions Act On Occupational Diseases And Accidents Of Work And Vocational Rehabilitation (1)

Original Language Title: Loi portant des dispositions diverses en matière de maladies professionnelles et d'accidents du travail et en matière de réinsertion professionnelle (1)

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
Posted the: 2006-09-01 Numac: 2006022848 FEDERAL social security PUBLIC SERVICE July 13, 2006. -Law on various provisions for occupational diseases and accidents of work and vocational rehabilitation (1) ALBERT II, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
Chapter I. -Provisions on occupational diseases article 2. the title of the coordinated laws on 3 June 1970 relating to compensation for damage resulting from occupational diseases is replaced by the following provision: "laws relating to the prevention of occupational diseases and the repair of damages caused by these, coordinated on 3 June 1970.
S. 3. article 2, § 1, 2 °, the same laws, is repealed.
S. 4. article 5 of the same laws is replaced by the following provision: "the Fund for occupational diseases is a public institution with legal personality and placed under the guarantee of the State. There is hereby established within the Service public federal social security. Its organization and functioning are regulated by the King.
The occupational diseases Fund is a public institution of social security within the meaning of the royal decree of 3 April 1997 concerning measures for the accountability of public institutions of social security, in accordance with article 47 of the law of 26 July 1996 on the modernization of social security and ensuring the viability of the statutory pension schemes.
The funds of occupational diseases has its headquarters in Brussels; It can establish offices located in different parts of the country. The Management Committee determines the number and location of these offices and defines the activities that are carried out. ».
S. 5 article 5bis of the same laws, inserted by the Act of 29 December 1990 and replaced by the law of 29 April 1996, is repealed.
S. 6a article 6 of the same laws, replaced by the law of August 1, 1985, as amended by decrees no. 476 dated November 19, 1986 and no. 529 dated March 31, 1987 and by the laws of the December 30, 1988, June 26, 1992, 22 February 1998 and December 27, 2005, the following changes are made: 1 ° "Department of employment and labour" shall be replaced by the words "Service federal public employment. Labour and social dialogue;
2 ° "Ministry of Economic Affairs" shall be replaced by the words "federal public Service economy, SMEs, Middle Classes and energy ';
3 ° 'European Economic Community' shall be replaced by the words "European Union".
4 ° «48A» shall be replaced by the number "62".
5 ° "occupational physician" are each time replaced by the words "prevention-occupational physician Advisor."
6 ° article is supplemented by the following provision: «9 ° run, from the way determined by the King, the missions it devolved by the Code on the well-being at work, title I, chapter IV, and the specific orders made pursuant to that code.»
S. 7. in article 6bis of the same laws, inserted by the Act of 22 December 2003, the words "Technical Council" are replaced by the words "Scientific Council".
S. 8. article 8 of the same statutes, as amended by the programme act of 9 July 2004, is replaced as follows: "The King appoints the president and members of the Management Committee in accordance with the provisions laid down by the Act of April 25, 1963, on the management of the public interest social security and social welfare organizations.".
S. 9. article 9 of the same statutes is repealed.
S.
10. the heading of section 4 of chapter II of the same laws is replaced by the following: Section 4. The Scientific Council.
S. 11. at article 16 of the same laws, amended by the law of 21 December 1994, the following changes are made: 1 ° "Technical Council" shall each time be replaced by the words "Scientific Council";
2 ° "Department of employment and labour" shall be replaced by the words "federal public Service employment, labour and social dialogue".
3 ° "Ministry of Economic Affairs" shall be replaced by the words "federal public Service economy, SMEs, Middle Classes and energy ';
4 ° "Minister of social welfare" are each time replaced by the words "Minister" depends on the institution
5 ° the words "the Minister of social welfare" and the Minister of employment and labour are replaced by the words "to the Minister which depends on the institution and the Minister having labour in his/her attributions.
6 ° it is inserted instead of 3 °, which becomes 4 °, a 3 ° new, read as follows: «3 ° to make any proposal or to render an opinion regarding hazards that require monitoring of health extended the meaning of the Code on the well-being at work, as well as the terms and conditions of the monitoring exercise.».
S.
12 in article 17 of the same laws, replaced by order No. royal, 9 of October 23, 1978, the following changes are made: 1 ° "Technical Council" shall each time be replaced by the words "Scientific Council";
2 ° it is inserted a § 5, worded as follows: ' ' § § 5 5 In order to support the Scientific Council, the King creates one or more medical Commissions, formed by discipline. The relationship between the Scientific Council and medical committees are determined by the rules of procedure of the Scientific Council. » Art. 13. an article 17bis, worded as follows, shall be inserted in the same laws: «art.» 17A. every year, the Scientific Board shall prepare a report on the evolution of occupational diseases giving rise to repair or declaration and on the means of prevention applied or discovered in Belgium or elsewhere.
This report shows the number of cases in each of the industries, professions or categories of enterprises listed by the King in fulfillment of section 32 or according to a division that would seem more appropriate by disease.
The report is sent through the Committee of management, which ensures the publication, the Minister whose depends on the institution and the Minister having labour in his/her attributions.
».
S. 14. articles 18 to 20 of the same laws are repealed.
S. 15. article 21 of the same laws is replaced by the following provision: «art.» 21. the Administrative Committee has all the powers necessary to the administration of the organization. » Art. 16. in article 22 of the same laws, "Minister of social welfare" are each time replaced by the words "Minister" depends on the institution
S. 17. in article 23 of the same laws, "Minister of social welfare" shall be replaced by the words "Minister" depends on the institution
S. 18. in article 24 of the same laws, "Minister of social welfare" shall be replaced by the words "Minister" depends on the institution
S. 19. in article 26 of the same laws, "Technical Council" shall be replaced by the words "Scientific Council".
S.
20. in article 28 of the same laws, "Minister of social welfare" shall be replaced by the words "Minister" depends on the institution
S. 21. in article 29 of the same laws replaced by order No. royal, 9 of October 23, 1978, "Technical Council" shall be replaced by the words "Scientific Council".
S. 22A article 31 of the same laws, as amended by order royal No. 133 of 30 December 1982, the following changes are made: 1 ° 1st paragraph, 5 °, is amended as follows: «5 ° charges for health care, including the prosthetic and orthopaedic appliances, under the conditions laid down in article 41 of the present laws. "
2 ° paragraph (2) is repealed.
S. 23. in article 32 of the same laws, replaced by the law of 21 December 1994, the following changes are made: 1 ° "Technical Council" shall be replaced by the words "Scientific Council";
2 ° in paragraph 2, in fine, the words «is, according to generally accepted medical knowledge, of a nature to cause disease» shall be replaced by the words "is, in groups of people exposed, according to generally accepted medical knowledge, the predominant cause of the disease.
S. 24. at article 33 of the same laws, amended by the royal decree of 30 March 1978, the following changes are made: 1 ° 'insurer' shall be replaced by the words "insurance undertaking";
2 ° article is supplemented as follows: 'by way of derogation from article 21 of the Act of 10 April 1971 on accidents at work, the annuities referred in articles 12 to 17 of this Act are due from the first day of the month following the month of the death of the victim. Related allowances in death will be forfeited.
».
S. 25. article 34 of the same laws replaced by order royal No. 133 of 30 December 1982, is supplemented by the following paragraph: "the compensation awarded in the event of total or partial temporary incapacity may take courses at the earliest only 365 days prior to the date of the application.
».
S. 26. an article 34A, worded as follows, shall be inserted in the same laws: «art.» 34A. If, as a result of a temporary disability partial or in response to a proposal for a temporary cessation of professional activity, the victim agrees to be assigned to another job adapted with lost wages, she is entitled to compensation equal to the difference between the promeritee and the pay to which she is entitled following its release to work. ».
S. 27.

In article 35 of the same laws, amended by the royal decree No. 24 of 23 March 1982 and by the laws of 29 December 1990, 29 April 1996 and 22 February 1998, the following subparagraph is inserted between paragraphs 2 and 3: "when permanent incapacity for work has deepened, the allowance granted under the worsening of symptoms can take courses no earlier than sixty days before the date of the application for revision or sixty days prior to the date of. medical examination during which the aggravation was found following a review of office operated by the Fund. ».
S. 28. in article 35bis of the same laws, amended by order royal No. 529 dated March 31, 1987 and by the laws of 30 March 1994, 21 December 1994, 29 April 1996 and February 22, 1998, the last paragraph is repealed.
S. 29. in article 36 of the same Act, replaced by order royal No. 133 of 30 December 1982, the following paragraph is inserted before paragraph 1: "case of deletion of the registration of the list referred to in article 30 or modification of the wording of this inscription disease, the sufferer of this disease retains its rights to acquired repair. without prejudice to any other provision concerning compensation of damage resulting from occupational diseases. However, the King may decide that the death or aggravation of the damage caused by disease whose inclusion on the aforementioned list has been removed or the wording of the inscription has been changed, only gives not result in the granting of benefits consecutive to the death or a review of benefits for incapacity for work permanent. » Art. 30A section 37 of the same laws, as amended by royal decree No. 133 of 30 December 1982 and by the law of 20 July 1991, 4 May 1999 and December 27, 2004, the following changes are made: 1 ° § 2, paragraph 1, is replaced by the following provision: "§ § 2 2» The person who accepts the proposal for temporary cessation and who performs an adapted work is entitled to the allowances provided for in article 34A. If suitable work cannot be submitted, it is entitled to the allowances provided for in article 34; »;
2 ° § 3, paragraph 2, is replaced by the following provision: "the person who accepts the proposal for termination may, if it meets the conditions laid down in the texts legal and regulatory communities, the Walloon Region and the French Community Commission organizing the social rehabilitation of disabled persons, benefit from a vocational rehabilitation under the occupational diseases Fund;".
3 ° § 4, paragraph 1, is replaced by the following provision: "§ 4 for the person who follows a rehabilitation or dependants of the occupational diseases Fund, either in the context of the legal texts and regulatory communities, the Walloon Region and the French Community Commission organizing the social disability reclassification, ninety-day period referred to in paragraph 3 of this article shall commence the day where this rehabilitation ends."
S.
31. article 41 of the same laws, amended by order royal No. 133 of 30 December 1982 and by the laws of August 1, 1985 and 29 April 1996, is replaced by the following provision: «art.» 41. the occupational diseases Fund reimburses the proportionate share of the cost of health care, devices for Prosthetics and orthopaedics in relation to occupational disease, which, in accordance with the law on insurance compulsory care of health and benefits, co-ordinated on 14 July 1994, and after the intervention granted on the basis of the latter is dependant of the person affected or threatened by illness. The King may establish, after consultation of the Scientific Council and Management Committee, a specific nomenclature for health care benefits and prosthetic and orthopaedic appliances that are not provided for by the Act.
Without prejudice to the right to free choice of doctor or care facility, the physician of the Fund can follow medical treatment and communicate, both in the diagnosis to the therapeutic point of view, all relevant information to the physician chosen by the worker.
Allowances for medical, surgical, pharmaceutical and hospital costs, and the costs of the use of prosthetic and orthopaedic appliances, may be paid to those who took the load.
Persons to whom these fees are due have a direct action against the Fund for occupational diseases.
Health care referred to in paragraph 1 are granted by the funds of occupational diseases as soon as possible from the 120th day prior to the date of submission of the application, provided that it is admissible.
When the application is the subject of a decision to refuse, the granting of health care is stopped at the date of the notification of the rejection. » Art. 32. article 43, paragraph 1 of the same law is replaced by the following provision: «claims due under the present laws to victims or their dependants are assignable and attachable only under the conditions laid down in the Judicial Code.»
S. 33A article 44 of the same laws, replaced by the Act of 29 December 1990 and amended by the royal decree of 24 November 1997, the following changes are made: 1 ° it is inserted instead of § 1st, which becomes a § 2, a § 1 new, read as follows: "§ 1 the King determines in which cases and under what conditions the funds of occupational diseases may be waived wholly or partly to the recovery of unduly paid benefits. ';
2 ° the former § 2 becomes paragraph 3;
S.
34. in article 48 of the same laws, "Technical Council" shall be replaced by the words "Scientific Council".
S. 35. article 48A of the same laws, inserted by the Act of 1 August 1985, is repealed.
S. 36A article 49 of the same laws, amended by the decrees of the March 30, 1978, 22 April 1985 and 10 June 2001 and by the programme act of 9 July 2004, the following changes are made: 1 ° paragraph 2 is repealed;
2 ° 4 former paragraph, now paragraph 3 is replaced by the following provision: "for the purposes of paragraph 1, should be replaced article 34, paragraph 1, of chapter II, section 4, of the Act of 10 April 1971 on the accidents at work by the following provision: «means basic pay, the compensation to which the worker was entitled for the period of four complete quarters preceding the application» because of the function exercised in the enterprise"; the term 'accident' in article 38 of the aforementioned section should be replaced by the words "occupational disease.
» Art. 37. in article 52 of the same laws, amended by the royal decree of December 30, 1982, by the laws of the 1 August 1985, 29 April 1996-24 February 2003 and by the programme act of 24 December 2002, "Technical Council" shall be replaced by the words "Scientific Council".
S. 38A section 53 of the same laws, as amended by the laws of the 12 May 1971, 29 December 1990, December 30, 1992, 29 April 1996 and from April 6, 2000, the following changes are made: 1 ° the words ' 44, § 2» are replaced by the words "44, § 3";
2 ° «expenditures are fully load» shall be replaced by the words "costs are fully updated to load.
S. 39. He is inserted in chapter VI of the same laws a section 1st, comprising articles 61 to 61A, and titled as follows: "1st Section: the reporting of occupational diseases.
S. 40. in article 61 of the same laws, amended by the Act of 6 July 1973, the words 'the work doctor' and 'doctor of occupational diseases Fund Board' is replaced by the words "prevention-occupational physician Adviser" and "physician of the occupational diseases Fund".
S.
41. an article 61A, worded as follows, shall be inserted in the same laws: «art.» 61 bis. For the purpose of prevention of occupational diseases, the doctor of the occupational diseases Fund informs the Advisor prevention-occupational physician of the outcome of the declaration that he has introduced. » Art. 42. it is inserted in chapter VI of the same laws a section 2, including sections 62 to 62 ter, and entitled as follows: Section 2. The prevention of occupational diseases.
S. 43. article 62 of the same laws is replaced by the following provision: «art.» 62. when it can be demonstrated that the cost of preventive action with regard to occupational diseases is fully or partly compensable by a reduction of the repair costs, the Management Committee may decide to assume all or part of this cost. » Art. 44. an article 62A, worded as follows, shall be inserted in the same laws: «art.» 62A. § 1. The Fund may contribute to the prevention of occupational diseases by funding measures for the benefit of victims of a work-related illness.
In connection with occupational diseases are diseases, not referred to in articles 30 and 30A, which according to generally accepted medical knowledge, may find their partial cause in exposure to a harmful influence inherent in vocational and activity greater than that experienced by the population in general, while this exhibition, in groups of exposed persons, is the predominant cause of the disease.
§ 2. The specific King, on the proposal of the Management Committee and after consultation with the Scientific Council, for each disease in relation to labour which it designates, the measures that

the Fund finances as well as the terms and conditions of this funding.
These measures relate to one or several positions among those listed below: 1 ° charges for health care, including devices for Prosthetics and orthopedics;
2 ° the recognition of the right to the benefits referred to in article 37, paragraphs 3 and 4, the victim of a disease in relation to work that accepts a proposal for termination of the harmful professional activity;
3 ° of other measures to promote the rehabilitation and reintegration into the workplace of the person suffering from a disease in relation to the work;
4 ° the granting of the benefit provided for in article 41A for the days during which the victim interrupted work at the request of the Fund for the purpose of an examination in the context of illness in connection with the work or the prevention of such a disease.
§
3. Costs for health care, referred to in § 2, 1 °, which are related to the disease in relation to the work, shall be reimbursed by the Fund to the conditions laid down in article 41, paragraph 1 to 4, for fees that are in connection with an occupational disease.
The King may either limit in time or limited to certain well defined benefit of the nomenclature of medical benefits established under the regulation of compulsory insurance health care and benefits, the right to reimbursement of the costs of health referred to in the preceding paragraph.
§ 4. The King may, on the basis of § 2, 2 °, authorize the Fund to offer the victim of a work-related illness to stop harmful professional activity if it is very likely that the continuation of this professional activity would aggravate the disease.
§ 5. The King may allow the Fund to take the initiatives necessary to achieve the objectives specified in § 2, 3 ° for any disease in relation to the work. These initiatives may include: 1 ° the reimbursement of individual services provided by organizations or agencies charging rehabilitation and reintegration into the workplace of a victim of a disease in relation to the work, insofar as these services are not insurance intervention mandatory health care and allowances;
2 ° the organisation of a collaboration between the Fund, other social security agencies, the employer, prevention of the employer and any other person or body advisors whose collaboration can contribute to the achievement of the above objectives;
3 ° the stimulation of scientific research and dissemination of knowledge for rehabilitation and reintegration into the workplace of persons victims of a work-related illness.
§ 6. The King may decide that measures financed by the Fund for the benefit of victims of a work-related illness, are also funded for the benefit of victims of occupational diseases it designates. However, there may be double compensation for the same damage. » CHAPTER II. -Provisions in matters of accidents of work article 45. article 8, § 1, paragraph 3, of the Act of 10 April 1971 on the accidents at work is complemented by a 4 °, as follows: "4 ° it comes with the consultant physician prevention work for a visit to prereprise to work under the supervision of the health of workers; This visit may take place prior to the effective resumption of work during the period of incapacity for work. ».
S. 46A article 13 of the same Act, replaced by the law of 29 April 1996, the following changes are made: 1 ° to § 2, the words "if their parentage is established" are replaced by the words if they are born or designed. "" »;
2 ° § 5 is repealed.
S. 47. in article 15, § 1, of the same law, replaced by the law of 29 April 1996, paragraph 4 is repealed.
S. 48. in the same Act, it is inserted an article 17A as follows: «art.» 17A. in the case of the lineage after the death of the victim and if this filiation has an influence on the rights of other right holders, it has no effect for the purposes of this section until the day where the final decision which establishes the filiation shall be notified to the insurance undertaking.
If the rights of other right holders have been established by an agreement or a judicial decision, the modification of these rights shall be established by a new agreement or a new judicial decision. » Art. 49. at section 24 of the Act, as amended by royal decree No. 285 of 31 March 1984 and the law of 22 December 1989, December 29, 1990, August 12, 2000, 10 August 2001 and December 24, 2002, the following changes are made: 1 ° paragraph (4), as last amended by the Act of 22 December 1989, is replaced by the following provision : "If his condition requires absolutely regular other person assistance, the victim is entitled to an annual allowance, fixed according to the degree of need for this assistance on the basis of the average monthly minimum income guaranteed as determined, at the time where the failure presents the character of permanency, by collective labour agreement concluded within the national Council of labour for a busy worker full-time aged at least twenty-one and a half years. and with at least six months of seniority in the undertaking which employs him. » 2 ° between article 5 and article 6, there shall be inserted a new paragraph, as follows: "If the use of switchgear prosthesis or orthopedic borne by the insurance undertaking and not foreseen at the time of the accident at work regulations has an impact on the degree of need for another regular assistance, this rate can be revised by agreement between parties or a decision cast in res judicata even after the expiry of the period referred to in article 72. » Art. 50A article 24A of the Act, inserted by the Act of 29 December 1990 and amended by the law of 12 August 2000 and August 10, 2001, the following changes are made: 1 ° A 1 paragraph, the number "6" is replaced by the figure '7 ';
2 ° a 3 paragraph worded as follows is added: "for accidents occurring before January 1, 1988, in the case of support from the Fund, after the expiry of the period referred to in article 72 of prosthetic or orthopedic appliances not provided at the time of the accident regulation work whose use has an impact on the degree of need for another regular assistance the right of the victim to indexing and allowances charged to the Fund is calculated on the basis of this impact according to the conditions laid down by the King. » Art. 51 to article 27A of the Act, inserted by the royal decree of March 31, 1987 and amended by the royal decree of 16 December 1996 and by the Act of 22 December 2003, it is inserted between paragraphs 4 and 5 a paragraph worded as follows: 'by way of derogation from paragraphs 1 and 2, the annual allowance and the pension referred to in article 24 , paragraph 4, following indexing and adaptations of the guaranteed average monthly minimum income arising from the collective agreement referred to in that article. » Art. 52. in article 27ter of the Act, inserted by the royal decree of March 31, 1987 and amended by the law of 22 February 1998, words ' adaptations ' shall be inserted between the words "Indexing" and the words "and allocations.
S. 53. in the Act, it is inserted an article 45quinquies as follows: «art.» 45quinquies. provided that the debtor is in good faith, the insurance company waives the recovery of amounts unduly paid in cases or categories of cases of interest determined by the King. ».
S. 54. article 49 bis of the same Act, inserted by the Act of 30 December 1992, is replaced by the following provision: «art.» 49bis. when excluding the risk of accidents on the road work, the frequency and severity of claims exceed the threshold during the observation period, the insured risk is considered to be a risk in a manner disproportionate, hereinafter referred to as 'risk '.
The occupational accidents Fund Notes the risk and shall notify the insurance undertaking concerned. The insurance undertaking shall notify the employer and receives ex officio under the load of this employer, without delay and without any intermediary, a lump sum contribution of prevention.
An employer who fails to pay the flat-rate contribution of prevention within a period of one month is liable to pay a surcharge, which shall not exceed 10% of the amount due, as well as interest on arrears equal to the legal interest rate.
Insurance company sets the fixed contribution of prevention the prevention of accidents of work at the employer concerned.
The insurance undertaking shall report to the Fund's work on the prevention measures as well as on compliance by the employer concerned of the measures and on its collaboration. A report thereon is submitted to the Committee of management of the Fund after the opinion of the Technical Committee of the prevention. The Fund makes the information available to the Directorate General control of welfare to the work of the federal public Service employment, labour and social dialogue.
The King determines, on the proposal of the Ministers who have the work accidents and insurance contracts among their skills and by Decree deliberated in the Council of Ministers: 1 ° the frequency, severity, threshold, which may not be less than five times the frequency and average severity, and the duration of the observation period

referred to in paragraph 1;
2 ° the calculation, the posting period and detailed rules for the application of the contribution package of prevention, which may not be less than 3,000 euros or more than 15,000 euros. These amounts are linked to the price index for consumption in the manner determined by the King;
3 ° the burden which companies the lump sum contribution of prevention can be perceived, given that a minimum number of work accidents occurring during the observation period;
4 ° the procedures for finding and notification to the insurance company by the Fund for accidents at work, as well as the mode of presentation of the report to the occupational accidents Fund;
5 ° the procedures for notification of the risk to the employer;
6 ° the procedures for notification of the prevention measures proposed to the employer, in the internal or external prevention consultants and, as appropriate, to the Committee for prevention and protection at work, the Trade Union delegation or the workers referred to in Chapter VIII of the Act of 4 August 1996 on the welfare of workers during the performance of their work;
7 ° the amount and the conditions of application of the increase referred to in paragraph 3. ».
S. 55. in the Act, it is inserted a 49ter article as follows: «art.» 49 ter. By way of derogation from article 49, paragraph 2, where the insured risk is considered to be a risk, the duration of the contract of insurance remaining at 1 January following notification to the employer, referred to in article 49bis, paragraph 2, is scope of right to three years. The tacit renewal of the insurance contract covers the initial duration of the contract.
If, on 1 January, the employer is insured through an another insurance company that on which the Fund has notified the risk, the company resumed the rights and obligations in relation to the risk compounded according to the procedures laid down by the King.
By way of derogation from articles 30, paragraph 1, and 31, § 1, of the law of 25 June 1992 on terrestrial insurance, from the notification by the Fund, referred to in article 49bis, paragraph 2, and until the end of the period of renewal of full right, this contract cannot be an opposition to the tacit renewal cannot be terminated due to the occurrence of a disaster.
At least three months before the end of the third year of the renewal of full right, even if a new risk notification has been made during this period, the insurance undertaking may cancel the contract or propose a revision of the rate of premium as provided for in articles 29 and 30 of the Act of 25 June 1992 on terrestrial insurance contract.
The insurance undertaking shall inform the employer of all consequences of the application of this article on its contractual obligations. ».
S. 56. article 53 of the same Act, repealed by the law of August 10, 2001, is restored in the following wording: «art.» 53. the insurance companies keep for their activities referred to in article 58 § 1, 9 °, special management according to the rules laid down by the King. They make report to the occupational accidents Fund in the manner and under the conditions determined by the King. ».
S. 57. article 58 § 1, 14 °, of the same Act, repealed by the Act of 29 April 1996, is restored in the following wording: «14 ° see aggravated risks referred to in article 49bis;
S.
58. the section 58quater of the Act, inserted by the law of 24 December 2002 and amended by order of March 25, 2003, is repealed.
S. 59. article 60bis of the Act, inserted by the law of 24 December 1976, replaced by the Act of 29 December 1990 and amended by the law of 29 April 1996 and December 24, 1999, is replaced by the following: «art.» 60A. § 1.
The occupational accidents fund cannot recover benefits paid unduly than in the cases and conditions referred to in article 17 of the Act of 10 April 1995 establishing the Charter of the insured.
The recovery decision shall be notified by registered letter to the victim or to the claimant, which has a period of three months after the third day following the deposit of the letter mailed to challenge the decision before the competent labour court.
The recovery decision cannot be executed until after the expiry of this period. The filing of the registered letter at the post as well as all acts of recovery interrupt the prescription.
The King defines the particulars that must include the registered letter referred to in paragraph 2, the absence of which the time limit referred to in paragraph 2 does not begin to run.
§ 2. The King determines in which cases and under what conditions the occupational accidents fund renounces totally or partly to the recovery of benefits paid unduly.
When the person concerned has introduced a request to surrender, the recovery is suspended until the occupational accidents Fund Management Committee ruled on this application.
§ 3. Without prejudice to its right to quote justice, the occupational accidents Fund may recover benefits paid unduly under the conditions and according to the conditions laid down by the King. ».
S. 60A section 63 of the Act, the following changes are made: 1 ° to the § 1, paragraph 2, replaced by the law of 9 November 1983, and amended by the law of August 10, 2001, 'the insurance undertaking to which' shall be replaced by the words "the insurer body whereby";
2 ° in § 2, paragraph 1, amended by the law of August 10, 2001, "the business of insurance to which" shall be replaced by the words "the insurance fund to which";
3 ° to the § 2, paragraph 2, replaced by the law of 9 November 1983, and amended by the law of August 10, 2001, «insurance undertaking» shall be replaced by the words "insurance fund";
4 ° to the § 2, paragraph 3, second sentence, amended by the law of August 10, 2001, «by the insurance undertaking» shall be replaced by the words "by the insurance fund";
5 ° to § 2, paragraph 4, as amended by the royal decree of 31 March 1987, the law of August 10, 2001, «prevents the insurance undertaking» shall be replaced by the words "warns the insurance fund";
6 ° § 4, paragraph 1, amended by the law of 17 July 1985 and August 10, 2001, is replaced by the following provision: "in case of dispute as to the nature or degree of incapacity for work of the victim or the degree of need for another person, the insurance undertaking regular assistance is required to pay advance daily or annual allowance referred to in articles 22. , 23, 23A or 24 on the basis of the rate of permanent disability or the degree of need for regular assistance of another person offered by it. » Art. 61A section 69 of the Act, as amended by laws of 29 April 1996 and 3 July 2005, it is inserted between the second and the third paragraph a new preambular paragraph as follows: 'the action in payment of allowances referred to in articles 27A, last paragraph, 27ter and 27quater, is prescribed three years after the first day following the payment period to which these allowances relate '. provided that the main action in payment of benefits relating to that period is not prescribed. For the allowances granted for periods ranging compensation before the settlement of accident at work by endorsed agreement or a judicial decision leaked in force of res judicata or prior to the revision referred to in article 72, the limitation period shall commence at the date of this regulation or of this revision. ».
S. 62. in article 70 of the Act, as amended by the Act of 1 August 1985, the words "or by judicial action in establishment of filiation" are inserted after the words "based on another cause."
S.
63. in article 72, paragraph 1, of the Act, as amended by the Act of 1 August 1985, by the royal decree of March 31, 1987 and by the law of 24 December 2002, the words "on his death" are replaced by the words "the need for the regular assistance of another person or the death of the victim.".
S. 64 section 87 of the Act, replaced by the law of 29 April 1996 and amended by the law of August 10, 2001, is supplemented by a paragraph as follows: 'doctors-inspectors of the Directorate General control of welfare to the work of the federal public service employment, labour and social dialogue exercise control over authorized medical services referred to in article 29.'
S. 65. in the Act, it is inserted a 88ter article as follows: «art.» 88ter. members of the Management Committee and of the technical committees of the occupational accidents Fund, persons entitled under any law or regulation to participate in these meetings, agents referred to in article 87, as well as people who have exercised before such functions are held to professional secrecy and may not reveal to any person or authority the confidential information concerning insurance undertakings which they have knowledge by reason of their functions.
Notwithstanding paragraph 1, the occupational accidents Fund may disclose confidential information: 1 ° in cases where the disclosure of such information is provided for or authorized under this Act;
2 ° testimony to justice in criminal matters;
3 ° to denounce crimes to judicial authorities;
(4) in the context of administrative or judicial appeal against the acts or decisions of the occupational accidents Fund;
5 ° in summary or aggregate form, provided that the individual elements

relating to the concerned insurance undertakings cannot be identified. » Art. 66. in the same Act, it is inserted an article 88quater, worded as follows: «art.» 88 c. § 1. By way of derogation from article 88ter the occupational accidents Fund has the right to communicate confidential information concerning insurance undertakings: 1 ° the Commission banking, finance and insurance;
2 ° to bodies involved in the liquidation and bankruptcy of insurance or in other similar procedures 3 undertakings ° to the bodies responsible for the management of compulsory procedures of winding-up of insurance or guarantee fund undertakings;
4 ° to persons responsible for the statutory audit of the accounts of insurance undertakings.
The occupational accidents Fund may disclose confidential information in pursuance of paragraph 1 only if the recipient agrees to not to make that for the exercise of its functions and whether it is subject to an obligation of professional secrecy equivalent to that provided for in article 88ter.
§ 2. By way of derogation from article 88, the occupational accidents Fund has the right to communicate confidential information: 1 ° to the authorities responsible for overseeing the bodies involved in the liquidation and bankruptcy of insurance undertakings and in other similar procedures;
2 ° to the authorities responsible for the supervision of the persons responsible for the statutory audit of the accounts of insurance undertakings and other financial institutions.
The occupational accidents Fund may disclose confidential information pursuant to paragraph 1 if the following conditions are fulfilled: 1 ° the recipient not in will use that for the accomplishment of the mission of surveillance or the task of control described in paragraph 1;
2 ° the information submitted are subject to an obligation of professional secrecy equivalent to that provided for in article 88ter. ».
S. 67. in article 91, § 2, paragraph 1, 2 °, of the same Act, replaced by the law of August 10, 2001 and amended by the royal decree of 25 March 2003, the words 'the Office of control' are replaced by 'the Commission '.
S. 68. article 91ter, § 3, of the Act, as amended by the programme act of 24 December 2002, is replaced as follows: ' § § 3 3» The offences in articles 88ter and 88 c are punished the penalties provided for in article 458 of the penal Code. » Art. 69A article 19, paragraph 1, of the law of December 16, 1851, on the privileges and mortgages are made the following amendments: 1 ° the 4 ° bis, first part, inserted by the Act of 10 April 1971, is replaced by the following provision: «4 ° bis. the debt of the Fund for accidents at work for disbursements, amounts and capital referred to in article 60, paragraph 1, of the Act of 10 April 1971 on work accidents. »;
2 ° to 4 ° h, inserted by the Act of 10 April 1971, the words "guarantee" shall be inserted between words 'suspension' and the words 'of the insurance contract."
S. 70. article 1bis, § 1, of the administrative fines applicable to certain social law infringements Act of June 30, 1971, replaced by the Act of March 23, 1994 and amended by the law of 30 March 1994, August 4, 1996, January 28, 1999, March 26, 1999, 24 December 1999, June 26, 2000 and January 24, 2003, is completed as follows : "12 ° from 250 to 2,500 euros, the employer who has breached the obligations in relation to the statement of work accident, laid down in and in pursuance of article 62 of the Act of 10 April 1971 on work accidents."
Chapter III provisions for vocational rehabilitation first Section. -Provisions general article 71 may be admitted in a vocational rehabilitation program, persons covered by a royal decree deliberated in Council of Ministers and who are unable to work in application: 1 ° of the Act of 10 April 1971 on work accidents;
2 ° of the coordinated laws on 3 June 1970 relating to compensation for damage resulting from occupational diseases;
3 ° of the law on compulsory health care and benefits, insurance co-ordinated on 14 July 1994.
The King determines, by Decree deliberated in the Council of Ministers, all measures that can fit into a programme of vocational rehabilitation, as well as the terms and conditions that such a program is taking place.
Measures developed by community and regional authorities respectively responsible for vocational, political placement of disabled workers may be recognized by the King, by Decree deliberated in the Council of Ministers, as measures that can register a "vocational rehabilitation program".
The King may, by deliberate royal decree in the Council of Ministers, determine what social benefits are maintained through a program of vocational rehabilitation, to what extent and for what period.
The King may, by royal decree deliberated in the Council of Ministers, establish specific rules on cumulation of benefits during a period of return to work.
In the event of failure of the vocational rehabilitation program, the King may, by deliberate order in Council of Ministers, set specific rules as regards the opening and maintenance of social rights.
Section 2. -Amendments to the Act of 10 April 1971 on accidents at work article 72. it is inserted in the Act of 10 April 1971 on work accidents, an article 22A, worded as follows: «art.»
22A. without prejudice to any other initiative aimed at the refurbishment work, the victim or the person that empowers therefor always has the right to request during the period of temporary incapacity for work a review before the medical consultant of the insurance undertaking in order to secure its possibilities of refurbishment work and remaining abilities.
Where the temporary incapacity for work is prolonged during nineties consecutive calendar days or not, medical consultant of the insurance company is pronounced reasoned way, in each report that does not conclude the statement of healing without permanent work disability or do not see that inability has a standing character, on the temporary partial incapacity of work as well as the remaining abilities and possibilities of the victim to return to work If necessary after recovery of working capacity actions.
The King determines the conditions and modalities of the notification of the report of the medical consultant, as well as indications that this notification must include. » Art.
73. an article 22B, worded as follows, shall be inserted in the Act: «art.» 22B. in cases where the temporary incapacity for work is or becomes partial, the insurance undertaking may request the employer to consider the possibility of a discount to work, either in the profession that the victim exercised prior to the accident, or in an appropriate occupation that can be entrusted provisionally.
The refurbishment work can take place after favourable opinion of the consultant physician prevention of work in cases where this notice is prescribed by the law of 4 August 1996 concerning the welfare of workers during the performance of their work and in cases where the victim feels unfit to return to work.
The provisions of this article and article 22A shall apply by analogy to the Fund for the compensation for the victims referred to in article 25A. » Art. 74. article 23 of the Act, as amended by law of December 29, 1990 to August 10, 2001, is replaced as follows: «art.» 23 if the temporary incapacity for work is or becomes partial, the victim is entitled to allowances for total temporary incapacity for work as long it is not delivered to the work and the time of an offer of fitness to work is not expired. The King sets the terms and conditions under which an offer of fitness to work is made.
The total temporary disability benefits are also due all periods necessary for the acquisition, commissioning, repair and maintenance of prosthetic and orthopaedic appliances and all periods necessary for the implementation of measures to restore working capacity on which the insurance undertaking has agreed.
Fixed King, by Decree deliberated in the Council of Ministers, the compensation to which is entitled the victim who has returned to work, although this benefit may be less than the difference between the salary earned due to the refurbishment work and total temporary incapacity for work benefits.
Fixed King, by Decree deliberated in the Council of Ministers, the compensation to which is entitled the victim in cases where the refurbishment work is suspended or arrested regardless of the wishes of the victim and holds accounts for it the obligation of maintenance payment and the possible intervention loss of wages on the basis of other social security schemes.
The victim who refuses or stops prematurely and without cause delivery to work or vocational rehabilitation and recycling that are offered to him is entitled to compensation for its rate of disability calculated based on its opportunities to work in his initial profession or in the profession that it is newly proposed. » Art. 75. in article 25, paragraph 2, of the Act, the following amendments are made: 1 ° 'and professional' shall be deleted;

2 ° in the french text of article 25, paragraph 2, the word "temporarily" is inserted between the words "prevent" and "totally".
S. 76. the heading of Section 3 of chapter II of the Act is replaced by a new heading as follows: "Section 3.
Costs for medical care, vocational rehabilitation, retraining and moving ".
S. 77. an article 32bis, worded as follows, shall be inserted in the Act: «art.» 32bis. insurance company supports vocational rehabilitation and retraining expenses which she and the victim recognize the need of the fact of the accident at work. It supports the costs if the recognition is done at a date prior to the date of declaration of healing without permanently incapable of work referred to in article 24, paragraph 1, or the date on which inability presents the nature of tenure referred to in article 24, paragraph 2.
The King sets the costs of vocational rehabilitation and recycling that come into consideration for support, the conditions to which the insurance undertaking and the victim give their agreement, as well as the rates on the basis of which the charges are taken in charge.
The authorization granted to the King by this article shall expire two years after the publication of the law of 13 July 2006 amending various provisions for occupational diseases and accidents of work and vocational rehabilitation.
Orders made under this authorization shall cease to have effect if they were not confirmed by law within twelve months of the date of their entry into force. » Art. 78. in article 73 of the Act, as amended by the law of August 10, 2001, "medical, pharmaceutical, surgical and hospitalization fees" shall be replaced by the words 'costs for medical care, vocational rehabilitation, retraining and moving ".
S. 79. in article 77A, paragraph 3, of the Act, inserted by the Act of 1 August 1985, «medical, surgical, pharmaceutical and hospital costs, as well as travel expenses» shall be replaced by the words 'costs for medical care, vocational rehabilitation, retraining and moving ".
Section 3. -Changes in laws relating to compensation for damage resulting from occupational diseases, coordinated on June 3, 1970, s. 80. article 34 of laws relating to compensation for damage resulting from occupational diseases, coordinated on 3 June 1970, replaced by order royal No. 133 of 30 December 1982, is replaced by the following: "when the disease caused a temporary and total incapacity, the victim a law, from the day following that of the beginning of the incapacity for work to a daily subsistence allowance equal to 90 per cent of the daily pay average.
In the case where the temporary incapacity is or becomes partial, on proposal of the victim or the person that empowers therefor, the physician Fund may request the employer to consider the possibility of a discount to work, either in the profession that the victim exercised before the disability began, or in an appropriate occupation that can be entrusted provisionally.
The refurbishment work can take place after favourable opinion of prevention-occupational physician Advisor, when this notice is prescribed by the Code on the well-being at work or when the victim feels unfit to return to work.
When the partial delivery at work is effective, the temporary incapacity allowance is proportional to the degree of disability which remains.
When disease has led to a temporary inability to work total or partial, the victim is entitled to the allowances provided for in the preceding paragraphs, provided that the temporary incapacity lasts fifteen days at least.
The compensation awarded in the event of total or partial temporary incapacity may take courses in as soon as three hundred sixty-five days before the date of application. » Art.
81. an article 42bis, worded as follows, shall be inserted in the same coordinated laws: «art.»
42bis. once a victim lodge an application for return to work, under a program of vocational rehabilitation referred to chapter III of the law of July 13, 2006 various provisions for occupational diseases and accidents of work and vocational rehabilitation, it is recorded and tracked in the manner established by the King , by royal decree deliberated in the Council of Ministers.
A vocational rehabilitation referred to in chapter III of the Act cannot influence the fixation of the degree of permanent incapacity for work. ».
Section 4. -Amendments to the law on compulsory insurance health care and benefits, co-ordinated on 14 July 1994, s. 82. in article 22, 6 °, of the law on compulsory insurance health care and benefits, co-ordinated on 14 July 1994, replaced by the law of January 25, 1999, 'functional rehabilitation and vocational rehabilitation institutions' shall be replaced by the words 'functional rehabilitation establishments.
S.
83. at section 23 of the Act, the following changes are made: 1 ° in the § 1, paragraph 1, as amended by the Act of 25 January 1999, the words "and professional" are deleted;
2 ° to the § 1, paragraph 2, inserted by the law of 24 December 1999, the words "and professional" are deleted;
3 ° § 2, paragraph 3, is repealed.
4 ° to § 3, as amended by the royal decree of 25 April 1997 and the Act of 25 January 1999, 'functional and vocational rehabilitation institutions' shall be replaced by the words 'functional rehabilitation establishments.
S. 84 A section 34 of the Act, the following changes are made: 1 8 ° ° is repealed;
2 ° to 10 °, paragraph 1, as amended by the Act of 12 August 2000, 'functional and vocational rehabilitation benefits' shall be replaced by the words 'rehabilitation benefits '.
S. 85 article 82, paragraph 1, 3 °, of the Act, the words "or professional" are deleted.
S. 86. article 100, § 1, paragraph 3, of the Act, is completed as follows: «the King determines the conditions and the time limit in which the incapacity for work is reevaluated after a process of vocational rehabilitation.
» Art. 87. article 106 of the Act is replaced by the following provision: "the King shall determine the conditions under which financial benefits may be granted to the holder who has completed a program of vocational rehabilitation and the amount of these benefits."
The authorization granted to the King by this article shall expire two years after the publication of the law of 13 July 2006 amending various provisions for occupational diseases and accidents of work and vocational rehabilitation.
Orders made under this authorization shall cease to have effect if they were not confirmed by law within twelve months of the date of their entry into force. » Art. 88. There shall be inserted in title IV, chapter III, of the same Act, a section Vbis, including article 109a, as follows: "Section (Vbis). Vocational rehabilitation article 109a. medical Council of disability has for mission to authorize support by the insurance benefits of the vocational rehabilitation programmes for the beneficiaries of insurance benefits. The conditions under which this mission may be exercised by the physicians Council referred to in article 153 are determineespar the King.
The King determines the benefits of rehabilitation as well as the conditions and modalities of support for these programs.
The King also determines the terms of support costs for the effective integration of the holder after a process of vocational rehabilitation.
The authorization granted to the King by this article shall expire two years after the publication of the law of 13 July 2006 amending various provisions for occupational diseases and accidents of work and vocational rehabilitation.
Orders made under this authorization shall cease to have effect if they were not confirmed by law within twelve months of the date of their entry into force. » Art. 89. in article 153 of the Act, as amended by the royal decree of 25 April 1997 and the law of 20 December 1995, December 24, 1999, August 22, 2002 and December 24, 2002, the following paragraph is inserted between paragraphs 2 and 3: 'the medical consultants are also ensuring the socio-professional reintegration of persons incapacitated for work.
They take all necessary measures for this purpose and contact, with the agreement of the holder, any physical or legal person likely to contribute to the vocational reintegration of it. The Medical Adviser participates in the process of vocational rehabilitation, referred to in article 109a, under the conditions laid down by the King. » Section 5. -Provisions finals s. 90. the authorization granted to the King by article 71 shall expire two years after the publication of this Act.
Orders made under this authorization shall cease to have effect if they were not confirmed by law within twelve months of the date of their entry into force.
CHAPTER IV. -Entry into force art. 91. this Act comes into force the day of its publication in the Moniteur belge in the exception: 1 ° of article 44 which enters into force on the date fixed by the King on the proposal

the Committee of management of the funds of occupational diseases;
(2) articles 45, 54, 55, 57 and 70, which come into force on the date fixed by the King;
3 ° of article 60, 1 ° to 5 °, which is effective on September 17, 2001;
4 ° of article 67, which takes effect January 1, 2004;
5 ° to chapter III, which each section comes into force on a date determined by the King by royal decree deliberated in the Council of Ministers.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given in Brussels on 13 July 2006.
ALBERT by the King: the Minister of employment, P. VANVELTHOVEN Social Affairs Minister R. DEMOTTE sealed with the seal of the State: to the Minister of Justice, absent, the Minister of defence, A. FLAHAUT _ Note (1) Session 2003 - 2006 House of representatives: Documents. -Bill, no. 51 - 1334/1. -Amendments Nos. 51-1334/2 and 3. -Report, n ° 51-1334/4. -Text adopted by the commission, No 51-1334/5. -Text adopted in plenary meeting and transmitted to the Senate, no. 51-1334/6.
Full account. -Discussion and vote. Meeting of June 8, 2006.
Senate: Document. -Project not referred by the Senate, no. 3-1739/1.

Related Laws