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13 JULY 2006. - Act on various provisions concerning occupational diseases and occupational accidents and occupational reintegration (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER I^er. - Provisions concerning occupational diseases
Art. 2. The title of the co-ordinated laws on 3 June 1970 relating to compensation for damage caused by occupational diseases is replaced by the following provision:
"Laws relating to the prevention of occupational diseases and the repair of damage resulting from them, coordinated on 3 June 1970".
Art. 3. Article 2, § 1^er, 2°, of the same laws, is repealed.
Art. 4. Section 5 of the Acts is replaced by the following provision:
"The Vocational Disease Fund is a public institution with civil personality and placed under the State's guarantee. It is established with the Federal Public Service Social Security. His organization and operation are settled by the King.
The Vocational Diseases Fund is a public social security institution within the meaning of the Royal Decree of 3 April 1997 on measures for the accountability of public social security institutions, pursuant to section 47 of the Act of 26 July 1996 on social security modernization and the sustainability of legal pension schemes.
The Professional Diseases Fund has its headquarters in Brussels; it may establish offices located in different locations of the country. The Management Committee determines the number and location of these offices and defines the activities carried out therein. "
Art. 5. Section 5bis of the same Acts, inserted by the Act of 29 December 1990 and replaced by the Act of 29 April 1996, is repealed.
Art. 6. In section 6 of the same laws, replaced by the law of 1^er August 1985, amended by Royal Decrees No. 476 of 19 November 1986 and No. 529 of 31 March 1987 and by the laws of 30 December 1988, 26 June 1992, 22 February 1998 and 27 December 2005, are amended as follows:
1° the words "Ministry of Employment and Labour" are replaced by the words "Federal Public Service Employment, Labour and Social Concertation;
2° the words "Ministry of Economic Affairs" are replaced by the words "Federal Public Service Economy, SMEs, Average Class and Energy";
3° the words "European Economic Community" are replaced by the words "European Union";
4° the words "48bis" are replaced by the number "62";
5° the words "working physician" are replaced each time by the words "working prevention advisor";
6° the article is supplemented by the following provision:
"9° to carry out, in the manner determined by the King, the missions carried out by the Labour Welfare Code, Part I, Chapter IV, and by the special orders taken in execution of the said Code. "
Art. 7. In article 6bis of the same laws, inserted by the law of 22 December 2003, the words "Technical Council" are replaced by the words "Scientific Council".
Art. 8. Section 8 of the Acts, as amended by the Program Act of 9 July 2004, is replaced as follows:
"The King appoints the chair and members of the Management Committee in accordance with the provisions of the Act of 25 April 1963 on the management of public bodies of social security and social welfare. "
Art. 9. Section 9 of the Acts is repealed.
Art. 10. The title of chapter II, section 4, of the Acts is replaced by the following title:
“Section 4. The Scientific Council".
Art. 11. Section 16 of the same Acts, as amended by the Act of 21 December 1994, are amended as follows:
1° the words "Technical Council" are replaced each time by the words "Scientific Council";
2° the words "Ministry of Employment and Labour" are replaced by the words "Federal Public Service Employment, Labour and Social Concertation";
3° the words "Department of Economic Affairs" are replaced by the words "Federal Public Service Economy, SMEs, Average Class and Energy";
4° the words "Minister of Social Welfare" are replaced each time by the words "Minister of which the institution depends";
5° the words "to the Minister of Social Welfare and the Minister of Employment and Labour" are replaced by the words "to the minister whose office depends on the institution and the minister who has the work in his or her powers";
6° it is inserted instead of the 3°, which becomes the 4°, a new 3°, written as follows:
"3° to make any proposal or to render an opinion on the occupational risks that require prolonged health monitoring within the meaning of the Labour Welfare Code, as well as on the conditions and conditions of the monitoring to be carried out. "
Art. 12. In Article 17 of the same laws, replaced by Royal Decree No. 9 of 23 October 1978, the following amendments are made:
1° the words "Technical Council" are replaced each time by the words "Scientific Council";
2° it is inserted a § 5, written as follows:
“§ 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 the Medical Commissions is determined by the rules of procedure of the Scientific Council. »
Art. 13. An article 17bis, as follows, is inserted in the same laws:
"Art. 17bis. Each year, the Scientific Council draws up a report on the evolution of occupational diseases resulting in repairs or declarations and on the means of prevention applied or discovered in Belgium or elsewhere.
This report indicates by illness the number of cases found in each of the industries, professions or categories of businesses listed by the King pursuant to section 32 or by a division that appears to be more appropriate.
The report is sent, through the Management Committee, which publishes the report, to the Minister on whom the institution and the Minister has the work in his or her powers. "
Art. 14. Sections 18 to 20 of the Acts are repealed.
Art. 15. Section 21 of the Acts is replaced by the following provision:
“Art. 21. The Management Committee has all the powers to administer the organization. »
Art. 16. In section 22 of the Acts, the words "Minister of Social Welfare" are replaced each time by the words "Minister of which the institution depends".
Art. 17. In section 23 of the Acts, the words "Minister of Social Welfare" are replaced by the words "Minister of which the institution depends".
Art. 18. In section 24 of the Acts, the words "Minister of Social Welfare" are replaced by the words "Minister of which the institution depends".
Art. 19. In article 26 of the same laws the words "Technical Council" are replaced by the words "Scientific Council".
Art. 20. In section 28 of the same laws, the words "Minister of Social Welfare" are replaced by the words "Minister of which the institution depends".
Art. 21. In article 29 of the same laws, replaced by Royal Decree No. 9 of 23 October 1978, the words "Technical Council" are replaced by the words "Scientific Council".
Art. 22. In section 31 of the same laws, as amended by Royal Decree No. 133 of 30 December 1982, the following amendments are made:
1st paragraph 1^er, 5°, is amended as follows:
"5° health care expenses, including prosthetic and orthopaedic devices, under the conditions provided for in section 41 of these Acts. »;
2° Paragraph 2 is repealed.
Art. 23. In section 32 of the Act, replaced by the Act of 21 December 1994, the following amendments are made:
1° the words "Technical Council" are 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 the disease" are replaced by the words "is, in groups of persons exposed, according to generally accepted medical knowledge, the predominant cause of the disease".
Art. 24. In section 33 of the Acts, as amended by the Royal Decree of 30 March 1978, the following amendments are made:
1° the words "insurer" are replaced by the words "insurance business";
2° the article is completed as follows:
"By derogation from section 21 of the Labour Accidents Act of 10 April 1971, annuities referred to in sections 12 to 17 of this Act are due from the first day of the month following the month of the death of the victim. Allowances for the month of death remain acquired. "
Art. 25. Section 34 of the Acts, replaced by Royal Decree No. 133 of 30 December 1982, is supplemented by the following paragraph:
"The compensation awarded in the event of a total or partial temporary work disability cannot take place as soon as 365 days before the application date. "
Art. 26. An article 34bis, as follows, is inserted in the same laws:
"Art. 34bis. If, as a result of a partial temporary incapacity or as a result of a proposal for a temporary termination of professional activity, the victim agrees to be assigned to another work that is adapted to the loss of wage, the victim is entitled to compensation equal to the difference between the remuneration and the remuneration to which the victim is entitled following her handover to work. "
Art. 27. In section 35 of the Acts, as amended by Royal Decree No. 24 of 23 March 1982 and by the Acts of 29 December 1990, 29 April 1996 and 22 February 1998, the following paragraph shall be inserted between paragraphs 2 and 3:
"When the permanent incapacity has worsened, the allowance granted under this aggravation may not take place at the earliest of sixty days before the date of the application for review or sixty days before the date of the medical examination in which the aggravation was found following an ex officio review by the Fund. "
Art. 28. In section 35bis of the same laws, amended by Royal Decree No. 529 of 31 March 1987 and by the laws of 30 March 1994, 21 December 1994, 29 April 1996 and 22 February 1998, the last paragraph is repealed.
Art. 29. In section 36 of the Act, replaced by Royal Decree No. 133 of 30 December 1982, the following paragraph shall be inserted before paragraph 1^er :
"In the event of the deletion of an illness from the list referred to in section 30 or the modification of the wording of that registration, the person affected by that disease retains his or her rights to compensation acquired, without prejudice to any other provision concerning compensation for damage caused by occupational diseases. The King may, however, decide that the death or aggravation of damage caused by the illness whose listing on the above-mentioned list has been deleted or the wording of the registration has been modified does not give rise to the award of death benefits or to a revision of benefits acquired for permanent work disability. »
Art. 30. Section 37 of the Acts, amended by Royal Decree No. 133 of 30 December 1982 and by the Acts of 20 July 1991, 4 May 1999 and 27 December 2004, are amended as follows:
1° § 2, paragraph 1^er, is replaced by the following provision:
“§2. A person who accepts a temporary termination proposal and performs a suitable work shall be entitled to compensation under section 34 bis. If a suitable work cannot be submitted to it, it shall be entitled to compensation under section 34; »;
2° § 3, paragraph 2, is replaced by the following provision:
"The person who accepts the proposal for a final cessation may, if it does not meet the conditions set out in the legal and regulatory texts of the communities, the Walloon Region or the French Community Commission organizing the social reclassification of persons with disabilities, receive professional rehabilitation from the Professional Diseases Fund; "
3° § 4, paragraph 1^er, is replaced by the following provision:
“Paragraph 4 For the person who is undergoing vocational rehabilitation, be responsible for the Vocational Diseases Fund, either as part of the legal and regulatory texts of the communities, the Walloon Region or the French Community Commission organizing the social reclassification of persons with disabilities, the period of non-ante days referred to in § 3 of this article takes place the day after the day that rehabilitation ends. »
Art. 31. Article 41 of the same laws, amended by Royal Decree No. 133 of 30 December 1982 and by the laws of 1^er August 1985 and 29 April 1996, is replaced by the following provision:
"Art. 41. The Vocational Diseases Fund reimburses the share of the cost of health care, prosthetic and orthopaedic devices in relation to occupational disease, which, in accordance with the Compulsory Health Care Insurance Act, coordinated on 14 July 1994, and after the intervention granted on the basis of the latter, is the responsibility of the person affected or threatened with occupational disease. The King may establish, after the advice of the Scientific Council and the Management Committee, a specific nomenclature for health care services and for prosthetic and orthopaedic devices that are not provided for by the aforementioned law.
Without prejudice to the right to free choice of physician or care establishment, the Fund's physician may monitor medical treatment and communicate, both in terms of diagnosis and in terms of therapeutic treatment, any information that is relevant to the physician chosen by the worker.
Medical, surgical, pharmaceutical and hospital expenses, as well as the costs incurred by the use of prosthetic and orthopaedic devices, may be paid to those responsible.
The people to whom these fees are due have direct action against the Professional Diseases Fund.
Health care referred to in paragraph 1^er are granted by the Vocational Diseases Fund as early as 120 days before the date of application, provided that the application is admissible.
When the application is rejected, the granting of health care is decided on the date of notification of the decision to reject the application. »
Art. 32. Article 43, paragraph 1^er, the same laws are replaced by the following provision:
"The compensation payable under these Acts to victims or their rightful persons shall be waived and seizable only under the conditions provided for in the Judicial Code. »
Art. 33. In section 44 of the Act, replaced by the Act of 29 December 1990 and amended by the Royal Decree of 24 November 1997, the following amendments are made:
1° it is inserted instead of § 1^er, which becomes § 2, a § 1^er as follows:
« § 1^er The King determines in which cases and under what conditions the Fund of Occupational Diseases can fully or partially waive the recovery of unduly paid benefits. »;
2° old § 2 becomes § 3;
Art. 34. In section 48 of the same laws, the words "Technical Council" are replaced by the words "Scientific Council".
Art. 35. Article 48bis of the same laws, inserted by the law of 1^er August 1985, is repealed.
Art. 36. Section 49 of the Acts, amended by the Royal Decrees of 30 March 1978, 22 April 1985 and 10 June 2001 and by the Programme Act of 9 July 2004, are amended as follows:
1° paragraph 2 is repealed;
2° old paragraph 4, which became paragraph 3, is replaced by the following provision:
"For the purposes of paragraph 1^er, replace section 34, paragraph 1^erChapter II, section 4, of the April 10, 1971 Labour Accidents Act, by the following provision: "Basic remuneration means the remuneration to which the worker is entitled for the period of the four full quarters preceding the application, because of the work performed in the undertaking"; the words "accident" in section 38 of the above section must be replaced by the words "occupational disease". »
Art. 37. In section 52 of the same laws, as amended by the Royal Decree of 30 December 1982, by the laws of 1^er August 1985, 29 April 1996 and 24 February 2003 and the programme law of 24 December 2002, the words "Technical Council" are replaced by the words "Scientific Council".
Art. 38. In section 53 of the Acts of 12 May 1971, 29 December 1990, 30 December 1992, 29 April 1996 and 6 April 2000, the following amendments are made:
1° the words "44, § 2" are replaced by the words "44, § 3";
2° the words "outlays are fully charged" are replaced by the words "outlays are fully charged".
Art. 39. It is inserted in chapter VI of the same laws a section 1^reincluding articles 61 to 61 bis, and entitled:
“Section 1^ère : De la déclaration des maladies professionnelles".
Art. 40. In section 61 of the Act, amended by the Act of 6 July 1973, the words "working physician" and "working physician" are replaced by the words "working doctor" and " occupational disease fund doctor".
Art. 41. An article 61bis, as follows, is inserted in the same laws:
"Art. 61 bis . For the purpose of prevention of occupational diseases, the doctor of the Vocational Diseases Fund informs the doctor of the work of the suite reserved for the statement he has introduced. »
Art. 42. It is included in chapter VI of the same Acts a section 2, including articles 62 to 62 ter, and entitled as follows:
“Section 2. Prevention of occupational diseases."
Art. 43. Section 62 of the Acts is replaced by the following provision:
"Art. 62. When it can be proven that the cost of preventive action in the field of occupational diseases is wholly or partly compensable by a reduction in repair expenses, the Management Committee may decide to take all or part of this cost to its own. »
Art. 44. An article 62bis, as follows, is inserted in the same laws:
"Art. 62 bis . § 1^er. The Fund can contribute to the prevention of occupational diseases by funding measures for the benefit of people who are victims of work-related illness.
Diseases in relation to work are diseases, not covered by articles 30 and 30bis, which, according to medical knowledge generally accepted, may find their partial cause in an exposure to a harmful influence, inherent in occupational activity and superior to that experienced by the general population, without the exposure, in groups of exposed persons, being the leading cause of the disease.
§ 2. The King shall, on the proposal of the Management Committee and after the advice of the Scientific Council, specify for each disease in relation to the work it designates, the measures that the Fund finances, and the conditions and modalities of that funding.
These measures relate to one or more posts listed below:
1° health care expenses, including prosthetic and orthopaedic devices;
2° the recognition of the right to the benefits referred to in Article 37, §§ 3 and 4, to the victim of a work-related illness that accepts a proposal for a final termination of the nocive professional activity;
3° other measures promoting rehabilitation and reintegration in the workplace of the person with a disease in relation to work;
4° the award of the benefit provided in section 41bis for the days in which the victim interrupts the work at the request of the Fund for examination in the context of a disease in relation to the work or prevention of such a disease.
§ 3. The health care expenses referred to in § 2, 1°, which are in relation to the sickness in relation to work, shall be reimbursed by the Fund under the conditions set out in article 41, paragraph 1 to 4, for expenses related to occupational disease.
The King may either limit in time, or limit to certain well-defined benefits of the nomenclature of medical benefits established under the regulations of compulsory health care and allowances, the right to reimbursement of health care expenses referred to in the preceding paragraph.
§ 4. The King may, on the basis of § 2, 2°, authorize the Fund to propose to the victim of a disease in relation to the work to permanently cease harmful professional activity if it is very likely that the continuation of this professional activity would aggravate the disease.
§ 5. The King may authorize the Fund to take, for any illness in relation to work, the necessary initiatives to achieve the objectives specified in § 2, 3°. These initiatives may include:
1° the reimbursement of the individual services provided by organizations or organizations responsible for the rehabilitation and reintegration in the work environment of a victim of a work-related illness, to the extent that such services are not the subject of an intervention of the compulsory health care and allowances insurance scheme;
2° the organization of a collaboration between the Fund, other social security organizations, the employer, employer prevention advisers and any other person or body whose collaboration can contribute to the achievement of the above objectives;
3° the stimulation of scientific research and the dissemination of knowledge in the field of rehabilitation and reintegration in the workplace of persons who are victims of a disease in relation to work.
§ 6. The King may decide that the measures financed by the Fund for the benefit of persons who are victims of work-related illness are also funded for the benefit of persons who are victims of occupational diseases that He designates. However, there can be no double repair for the same damage. »
CHAPTER II. - Work accident provisions
Art. 45. Article 8, § 1^erParagraph 3 of the Labour Accidents Act of 10 April 1971 is supplemented by a 4°, which reads as follows:
"4° he comes to the occupational prevention and medical advisor for a pre-resumptive work visit in the framework of the monitoring of workers' health; this visit may take place before the effective resumption of work during the period of incapacity to work. "
Art. 46. In section 13 of the Act, replaced by the Act of 29 April 1996, the following amendments are made:
1° In § 2, the words "if their filiation is established" are replaced by the words "if they are born or designed. »;
2° § 5 is repealed.
Art. 47. Article 15, § 1^erParagraph 4, of the Act, replaced by the Act of 29 April 1996, is repealed.
Art. 48. In the same law, an article 17bis is inserted, as follows:
"Art. 17bis. In the event of the establishment of filiation after the victim's death and if that filiation has an influence on the rights of other eligible persons, the latter has no effect on the application of this section until the day on which the final decision establishing filiation is notified to the insurance company.
If the rights of other legal persons have been established by an agreement or by a judicial decision, the modification of these rights is recognized by a new agreement or by a new judicial decision. »
Art. 49. Section 24 of the Act, amended by Royal Decree No. 285 of 31 March 1984 and by the Acts of 22 December 1989, 29 December 1990, 12 August 2000, 10 August 2001 and 24 December 2002, are amended as follows:
1° Paragraph 4, last amended by the Act of 22 December 1989, is replaced by the following provision:
"If the victim's condition absolutely requires the regular assistance of another person, the victim may claim a supplementary annual allowance, based on the degree of necessity of this assistance on the basis of the guaranteed average monthly minimum income as determined, at the time when the incapacity presents the character of the permanence, by a collective labour agreement concluded within the National Labour Council for a full-time busy worker who is at least twenty-one and a half years and has at least one-half years and has at least »
2° Between paragraph 5 and paragraph 6, a new paragraph shall be inserted, as follows:
"If the use of a prosthetic or orthopaedic device taken over by the insurance company and not provided at the time of the settlement of the work accident has an impact on the degree of necessity of regular assistance of another person, this rate may be reviewed by agreement between parties or by a decision cast in force of a measure judged, even after the expiry of the period referred to in section 72. »
Art. 50. In section 24bis of the Act, inserted by the Act of 29 December 1990 and amended by the Acts of 12 August 2000 and 10 August 2001, the following amendments are made:
1° Paragraph 1^erthe number "6" is replaced by the number "7";
2° it is added a paragraph 3, which reads as follows:
"For accidents occurring before 1^er January 1988, in the event of the Fund's care, after the expiry of the period referred to in section 72, of a device of prosthesis or orthopaedics not provided at the time of the settlement of the work accident whose use affects the degree of necessity of the regular assistance of another person, the right of the victim to indexations and allowances at the expense of the Fund is calculated on the basis of that impact. »
Art. 51. In section 27bis of the same Act, inserted by the Royal Decree of 31 March 1987 and amended by the Royal Decree of 16 December 1996 and by the Act of 22 December 2003, a paragraph shall be inserted between paragraphs 4 and 5 as follows:
“By derogation from subparagraphs 1^er and 2, the annual allowance and annuity referred to in section 24, paragraph 4, shall follow the indexations and adjustments of the guaranteed average monthly minimum income arising out of the collective agreement referred to in the aforementioned article. »
Art. 52. In article 27ter of the same law, inserted by the royal decree of March 31, 1987 and amended by the law of February 22, 1998, the words ", adaptations" are inserted between the words "indexing" and the words "and allocations".
Art. 53. In the same Act, an article 45quinquies read as follows:
"Art. 45quinquies. As long as the debtor is in good faith, the insurance company renounces the recovery of unduly paid amounts in cases or categories of cases of interest determined by the King. "
Art. 54. Section 49 bis of the 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 to work, the frequency and severity of claims exceed the threshold during the observation period, the insured risk is considered to be an aggravated risk disproportionately, referred to as "aggravated risk".
The Industrial Accidents Fund finds the risk aggravated and notify the insurance company concerned. The insurance company shall notify the employer and shall, without delay and without intermediary, receive a lump-sum preventive contribution.
An employer who does not make a lump-sum preventive contribution within one month is liable for an increase, which cannot exceed 10% of the amount owing, as well as a delay interest equal to the legal interest rate.
The insurance company affects the lump-sum contribution of prevention to the prevention of occupational accidents in the employer concerned.
The insurance company reports to the Industrial Accidents Fund on the proposed prevention measures as well as on the compliance by the employer concerned with these measures and its collaboration. A report on this subject is presented to the Fund Management Committee following the advice of the Technical Committee on Prevention. The Fund makes information available to the Directorate General Control of Welfare at Work of the Federal Public Service Employment, Labour and Social Concertation.
The King determines, on the proposal of ministers who have occupational accidents and insurance contracts among their competences and by order deliberately 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^er;
2° the calculation, the imputation period and the terms of application of the lump sum contribution of prevention, which cannot be less than 3,000 euros or greater than 15,000 euros. These amounts are linked to the Consumer Price Index in the manner determined by the King;
3° companies for which the lump-sum preventive contribution can be collected, taking into account a minimum number of work accidents occurring during the observation period;
4° the procedures for the recognition and notification to the insurance company by the Industrial Accidents Fund, as well as the format of the report to the Industrial Accidents Fund;
5° the procedures for notification of aggravated risk to the employer;
6° the procedures for notification of preventive measures proposed to the employer, to advisers in internal or external prevention and, as the case may be, to the committee for prevention and protection at work, to the union delegation or workers referred to in chapter VIII of the Act of August 4, 1996 on the welfare of workers during the performance of their work;
7° the amount and conditions of application of the increase referred to in paragraph 3. "
Art. 55. In the same law, an article 49ter is inserted, which reads as follows:
"Art. 49 ter . By derogation from section 49, paragraph 2, where the insured risk is considered to be an aggravated risk, the duration of the insurance contract remaining to run at 1^er January that follows the notification to the employer, referred to in section 49bis, paragraph 2, is full three years. The tacit renewal of the insurance contract covers the initial duration of the contract. Yes, at 1^er January, the employer is insured with another insurance company than the one to which the Fund has notified the aggravated risk, this company takes over the rights and obligations related to the aggravated risk under the terms set by the King.
Derogation from articles 30, paragraph 1^er31 § 1^er, from the law of June 25, 1992 on the land insurance contract, from the notification by the Fund, referred to in section 49bis, paragraph 2, and until the end of the period of reclaim, this contract cannot be objected to the tacit renewal or be terminated because of the occurrence of a claim.
At least three months before the end of the third year of the renewal of the right, even if a further aggravated risk notification was made during that period, the insurance company may terminate the contract or propose a revision of the premium rate as provided for in sections 29 and 30 of the Act of 25 June 1992 on the land insurance contract.
The insurance company shall inform the employer of all the consequences that the application of this section has on its contractual obligations. "
Art. 56. Section 53 of the Act, repealed by the Act of 10 August 2001, is reinstated in the following wording:
“Art. 53. Insurance companies are responsible for the activities referred to in Article 58, § 1^er, 9°, a special management according to the terms fixed by the King. They report to the Industrial Accidents Fund on the terms and conditions determined by the King. "
Art. 57. Article 58, § 1^er, 14°, of the same law, repealed by the law of 29 April 1996, is reinstated in the following wording:
"14° to see the aggravated risks referred to in Article 49 bis; "
Art. 58. Section 58quater of the Act, inserted by the Act of 24 December 2002 and amended by the Order of 25 March 2003, is repealed.
Art. 59. Section 60bis of the Act, inserted by the Act of 24 December 1976, replaced by the Act of 29 December 1990 and amended by the Acts of 29 April 1996 and 24 December 1999, is replaced by the following provisions:
"Art. 60 bis . § 1^er. The Industrial Accidents Fund cannot recover benefits unduly paid only in the cases and conditions referred to in section 17 of the Act of 10 April 1995 to establish the charter of the social insured.
The recovery decision shall be notified by registered letter to the victim or the person entitled, who has a period of three months from the third day following the filing of the recommended letter to the position to challenge the decision before the competent labour court.
The recovery decision can only be executed after the expiry of this period. The filing of the recommended letter to the post as well as all recovery acts interrupt the requirement.
The King defines the references to the recommended letter referred to in paragraph 2, in the absence of which the period referred to in paragraph 2 does not begin to run.
§ 2. The King determines in which cases and under what conditions the Industrial Accidents Fund completely or partially renounces the recovery of unduly paid benefits.
When the employee has filed a waiver application, the recovery is suspended until the Labour Accident Fund Management Committee has made a decision on the application.
§ 3. Without prejudice to its right to cite in court, the Industrial Accidents Fund may recover benefits paid unduly under the conditions and in the manner prescribed by the King. "
Art. 60. The following amendments are made to section 63 of the Act:
1° to § 1^er, paragraph 2, replaced by the Act of 9 November 1983 and amended by the Act of 10 August 2001, the words "the insurance company to which" are replaced by the words "the insurer organization to which";
2° to § 2, paragraph 1^eramended by the Act of August 10, 2001, the words "the insurance company to which" are replaced by the words "the insurer organization to which";
3° to § 2, paragraph 2, replaced by the law of November 9, 1983 and amended by the law of August 10, 2001, the words "insurance company" are replaced by the words "insurance agency";
4° in § 2, paragraph 3, second sentence, as amended by the Act of 10 August 2001, the words "by the insurance company" are replaced by the words "by the insurance agency";
5° in § 2, paragraph 4, as amended by the Royal Decree of March 31, 1987 and by the Act of August 10, 2001, the words "previates the insurance business" are replaced by the words "prevents the insurance organization";
6° § 4, paragraph 1^eramended by the Acts of 17 July 1985 and 10 August 2001, is replaced by the following provision:
"In the event of a dispute as to the nature or rate of incapacity of work of the victim or as to the degree of necessity of the regular assistance of another person, the insurance company is required to pay in advance the daily or annual allowance referred to in sections 22, 23, 23 bis or 24 on the basis of the permanent disability rate or the degree of necessity of the regular assistance of another person proposed by it. »
Art. 61. In section 69 of the Act, as amended by the Acts of 29 April 1996 and 3 July 2005, a new paragraph is inserted between the second and the third paragraph as follows:
"The payment of the allowances referred to in sections 27bis, last paragraph, 27ter and 27quater, is prescribed three years after the first day after the payment period to which these allowances relate, provided that the main share in payment of the allowances for that period is not prescribed. For allowances in respect of periods prior to the settlement of the work accident by agreed agreement or by a court decision that is in force or before the review referred to in section 72, the limitation shall take place on the date of such regulation or revision. "
Art. 62. In section 70 of the Act, as amended by the Act of 1^er August 1985, the words "or through judicial action in establishing filiation" are inserted after the words "based on another cause. »
Art. 63. In section 72, paragraph 1^erof the same law, as amended by the law of 1^er August 1985, by the Royal Decree of March 31, 1987 and by the Act of December 24, 2002, the words "on his death" are replaced by the words "the need for regular assistance from another person or the death of the victim. "
Art. 64. Section 87 of the Act, replaced by the Act of 29 April 1996 and amended by the Act of 10 August 2001, is supplemented by a paragraph written as follows:
"General Management Inspectors Control of Well-Being at Work of the Federal Public Service Employment, Labour and Social Concertation exercise control over authorized medical services referred to in section 29. »
Art. 65. In the same Act, an article 88ter is inserted, as follows:
"Art. 88ter. Members of the Administrative Committee and Technical Committees of the Industrial Accidents Fund, persons authorized under a legal or regulatory provision to participate in these meetings, the agents referred to in section 87, and persons who have previously exercised these functions are held in professional secrecy and may not disclose to any person or authority confidential information concerning the insurance companies that they have been aware of because of their duties.
Notwithstanding paragraph 1^erthe Industrial Accidents Fund may provide confidential information:
1° in cases where such information is provided or authorized under this Act;
2° during testimony in criminal matters;
3° to report criminal offences to the judicial authorities;
4° in administrative or judicial remedies against the acts or decisions of the Industrial Accidents Fund;
5° in a summary or aggregate form, provided that the individual elements relating to the insurance companies concerned cannot be identified. »
Art. 66. In the same Act, an article 88quater is inserted, as follows:
"Art. 88 quater . § 1^er. By derogation from section 88ter, the Industrial Accidents Fund has the right to disclose confidential information about insurance companies:
1° to the Banking, Financial and Insurance Commission;
2° to organizations involved in the liquidation and bankruptcy of insurance companies or other similar procedures
3° to the bodies responsible for the management of mandatory procedures for the liquidation of insurance companies or guarantee funds;
4° to persons responsible for the legal control of insurance business accounts.
The Industrial Accidents Fund cannot disclose confidential information pursuant to paragraph 1^er only if the recipient undertakes to use it only for the performance of his or her duties and is subject to a professional secret equivalent to that provided for in section 88ter.
§ 2. By derogation from Article 88 ter, the Industrial Accidents Fund has the right to disclose confidential information:
1° to the authorities responsible for monitoring the bodies involved in the liquidation and bankruptcy of insurance companies and other similar procedures;
2° to the supervisory authorities responsible for the legal control of the accounts of insurance companies and other financial institutions.
The Industrial Accidents Fund cannot disclose confidential information pursuant to paragraph 1^er if the following conditions are met:
1° the consignee shall use it only for the performance of the monitoring mission or the control task described in paragraph 1^er;
2° the information transmitted is subject to a professional secret equivalent to that provided for in Article 88ter. "
Art. 67. In Article 91, § 2, paragraph 1^er, 2°, of the same law, replaced by the Act of 10 August 2001 and amended by the Royal Decree of 25 March 2003, the words "the Office of Control" are replaced by the words "the Commission".
Art. 68. Section 91ter, § 3, of the Act, as amended by the Act of 24 December 2002, is replaced as follows:
“§3. Offences under articles 88ter and 88 quater are punishable by penalties under section 458 of the Criminal Code. »
Art. 69. Article 19, paragraph 1^erthe following amendments are made to the Privileges and Mortgage Act of 16 December 1851:
1° 4°bis, first part, inserted by the law of 10 April 1971, is replaced by the following provision:
"4°bis. the debt of the Industrial Accidents Fund for the disbursements, amounts and capital referred to in Article 60, paragraph 1^erthe Labour Accidents Act of 10 April 1971. »;
2° to 4°, inserted by the law of 10 April 1971, the words "of the guarantee" are inserted between the words "the suspension" and the words "of the insurance contract". »
Art. 70. Article 1^erbis, § 1^er, of the Act of 30 June 1971 on Administrative Fines Applicable to Certain Social Laws, replaced by the Act of 23 March 1994 and amended by the Acts of 30 March 1994, 4 August 1996, 28 January 1999, 26 March 1999, 24 December 1999, 26 June 2000 and 24 January 2003, is supplemented as follows:
"12° from 250 to 2,500 euros, the employer who contravened the obligations in relation to the declaration of occupational accidents, set out in and in accordance with section 62 of the Act of 10 April 1971 on industrial accidents. »
CHAPTER III Provisions on professional reintegration
Section 1. - General provisions
Art. 71. May be admitted to a programme of professional reintegration, persons subject to a royal decree deliberated in the Council of Ministers and who are incapacitated to work under:
1° of the Labour Accidents Act of 10 April 1971;
2° of the laws coordinated on 3 June 1970 concerning compensation for damage caused by occupational diseases;
3° of the Compulsory Health Care and Compensation Insurance Act, coordinated on 14 July 1994.
The King determines, by order deliberately in the Council of Ministers, all the measures that may be included in a "professional reintegration programme", as well as the conditions and conditions under which such a program is being conducted.
The measures established by the competent community and regional authorities in the field of vocational training, disability policy or placement of workers may be recognized by the King, by order deliberately in the Council of Ministers, as measures that may be included in a "professional reintegration programme".
The King may, by a royal decree deliberated in the Council of Ministers, determine which social benefits are maintained within the framework of a programme of professional reintegration, to what extent and for what period.
The King may, by Royal Decree deliberated in the Council of Ministers, set specific rules on the cumulative social benefits during a period of resumption of work.
In the event of failure of the professional reintegration programme, the King may, by order deliberately in the Council of Ministers, set specific rules with regard to the opening and maintenance of social rights.
Section 2. - Amendments to the Labour Accidents Act of 10 April 1971
Art. 72. It is included in the Labour Accidents Act of 10 April 1971, an article 22bis, which reads as follows:
"Art. 22bis. Without prejudice to any other initiative aimed at the return to work, the victim or the person empowered to do so always has the right to request during the period of temporary incapacity for work a review before the medical consultant of the insurance company in order to establish his or her opportunities for work and his or her remaining abilities.
When the temporary incapacity of work extends for non-consequential or non-consequential calendar days, the consulting physician of the insurance company shall decide on a reasoned basis, in each examination report that does not conclude the declaration of recovery without permanent incapacity for work or that the incapacity is permanent in nature, on the temporary incapacity of work, as well as on the remaining capacities and the potential of the victim
The King shall determine the conditions and procedures for notification of the medical examination report, as well as the statements that such notification must be made mandatory. »
Art. 73. An article 22ter, as follows, is inserted in the same law:
"Art. 22ter. In the event that the temporary incapacity for work is or becomes partial, the insurance company may request the employer to examine the possibility of remission to work, either in the profession that the victim exercised before the accident, or in an appropriate profession that may be temporarily entrusted to the employer.
Remission to work can only take place after a favourable opinion from the Labour Prevention and Medical Advisor in cases where this notice is prescribed by the Act of 4 August 1996 on the well-being of workers during the performance of their work and in cases where the victim feels unfit to resume work.
The provisions of this section and section 22bis apply by analogy to the Industrial Accidents Fund for victims referred to in section 25bis. »
Art. 74. Section 23 of the Act, as amended by the Acts of 29 December 1990 and 10 August 2001, is replaced as follows:
“Art. 23. If the temporary incapacity for work is or becomes partial, the victim is entitled to the total temporary incapacity allowances for work as long as it is not returned to work and the time limit for a job offer is not expired. The King sets out the conditions and conditions under which an offer to work is made.
The total temporary incapacity allowances are also payable for all periods necessary for the acquisition, commissioning, repair and maintenance of prosthetic and orthopaedic equipment and for all periods necessary for the implementation of measures to restore the working capacity on which the insurance company has signed its agreement.
The King sets out, by order deliberately in the Council of Ministers, the compensation to which the victim who has taken over the work is entitled, without this compensation being less than the difference between the wage earned as a result of the return to work and the total temporary incapacity allowances.
The King sets out, by deliberate order in the Council of Ministers, the compensation to which the victim is entitled in cases where the return to work is suspended or arrested regardless of the victim's will and takes into account the obligation to maintain payment and the possible intervention in the loss of wages on the basis of other social security schemes.
A victim who refuses or interrupts prematurely and without valid reason the return to work or vocational rehabilitation and the retraining offered to him is entitled to compensation commensurate with his disability rate calculated on the basis of his or her employment opportunities in his or her original profession or in the newly proposed profession. »
Art. 75. In section 25, paragraph 2, of the Act, the following amendments are made:
1° the words "and professional" are deleted;
2° in the French text of Article 25, paragraph 2, the word "temporary" is inserted between the words "prevent" and "total".
Art. 76. The title of Section 3 of Chapter II of the Act is replaced by a new title written as follows: "Section 3. Costs for medical care, vocational rehabilitation, recycling and displacement".
Art. 77. An article 32bis, as follows, is inserted in the same law:
"Art. 32bis. The insurance company is responsible for the professional rehabilitation and retraining costs of which it and the victim recognize the need for the work accident. It shall bear the costs if recognition is made on a date before the date of declaration of healing without permanent incapacity for work referred to in section 24, paragraph 1^er, or on the date on which the disability presents the character of the permanence referred to in section 24, paragraph 2.
The King sets out the costs of professional rehabilitation and recycling that take into account for care, the conditions under which the insurance company and the victim agree, as well as the rates on which costs are borne.
The authorisation granted to the King by this section expires two years after the publication of the Act of 13 July 2006 on various provisions relating to occupational diseases and occupational accidents and to occupational reintegration.
Orders made under this authorization cease to produce their effects if they have not been confirmed by law within 12 months of the date of their entry into force. »
Art. 78. In section 73 of the Act, as amended by the Act of 10 August 2001, the words "medical, pharmaceutical, surgical and hospital expenses" are replaced by the words "medical, occupational rehabilitation, recycling and displacement expenses".
Art. 79. In article 77bis, paragraph 3, of the same law, inserted by the law of 1^er August 1985, the words "Medical, Surgical, Pharmaceutical and Hospital Expenses, as well as Travel Expenses" are replaced by the words "Medical, Professional Rehabilitation, Recycling and Displacement Expenses".
Section 3. - Amendments to laws relating to compensation for damage caused by occupational diseases, coordinated on 3 June 1970
Art. 80. Section 34 of the Acts relating to compensation for damage caused by occupational diseases, coordinated on 3 June 1970, replaced by Royal Decree No. 133 of 30 December 1982, is replaced by the following provisions:
"When the illness has resulted in a temporary and total incapacity for work, the victim is entitled to a daily allowance equal to 90 per cent of the average daily remuneration from the day after the start of the work disability.
In the event that the temporary incapacity is or becomes partial, on the proposal of the victim or the person empowered to do so, the Fund's physician may request the employer to examine the possibility of a remission to work, or in the profession that the victim exercised before the incapacity began, or in an appropriate profession that may be temporarily entrusted to him. Remission to work may only take place after a favourable opinion from the Labour Prevention and Physician Advisor, where such notice is prescribed by the Labour Welfare Code or when the victim feels unfit to resume work.
When the partial return to work is effective, the allowance for temporary disability is proportional to the degree of disability that remains.
Where the illness has resulted in a temporary incapacity for total or partial work, the victim shall be entitled to compensation under the preceding paragraphs, provided that the temporary incapacity lasts at least 15 days.
The compensation awarded in the event of a total or partial temporary work disability may not take place as soon as three hundred and sixty-five days before the date of application. »
Art. 81. An article 42bis, written as follows, is inserted in the same coordinated laws:
"Art. 42bis. When a victim submits a request for a resumption of work, as part of a program of professional reintegration referred to in chapter III of the Act of 13 July 2006 on various provisions relating to occupational diseases and occupational accidents and to occupational reintegration, the victim is registered and monitored in accordance with the terms and conditions established by the King by a royal decree deliberated in the Council of Ministers.
A professional reintegration referred to in chapter III of the above-mentioned law cannot influence the fixation of the degree of permanent incapacity for work. "
Section 4. - Amendments to the Compulsory Health Care and Compensation Insurance Act, coordinated on 14 July 1994
Art. 82. In section 22, 6°, of the Compulsory Health Care and Compensation Insurance Act, coordinated on July 14, 1994, replaced by the Act of January 25, 1999, the words "functional rehabilitation and vocational rehabilitation institutions" are replaced by the words "functional rehabilitation institutions".
Art. 83. The following amendments are made to section 23 of the Act:
1° to § 1^erParagraph 1^eramended by the law of 25 January 1999, the words "and professional" are deleted;
2° to § 1^er, 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, amended by the Royal Decree of 25 April 1997 and the Law of 25 January 1999, the words "functional and vocational rehabilitation institutions" are replaced by the words "functional rehabilitation institutions".
Art. 84. The following amendments are made to section 34 of the Act:
1° 8° is repealed;
2° to 10°, paragraph 1^er, amended by the Act of 12 August 2000, the words "functional and vocational rehabilitation benefits" are replaced by the words "functional rehabilitation benefits".
Art. 85. Article 82, paragraph 1^er, 3°, of the same law, the words "or professional" are deleted.
Art. 86. Article 100, § 1^er, paragraph 3, of the Act, is supplemented as follows:
"The King determines the conditions and the period in which the inability to work is re-evaluated after a process of professional rehabilitation. »
Art. 87. Section 106 of the Act is replaced by the following provision:
"The King determines the conditions under which financial benefits can be granted to the holder who has completed a vocational rehabilitation program and the amount of those benefits.
The authorisation granted to the King by this section expires two years after the publication of the Act of 13 July 2006 on various provisions relating to occupational diseases and occupational accidents and to occupational reintegration.
Orders made under this authorization cease to produce their effects if they have not been confirmed by law within 12 months of the date of their entry into force. »
Art. 88. It is inserted in Title IV, Chapter III, of the same law, a section Vbis, including section 109bis, as follows:
"Section Vbis. Professional rehabilitation
Art. 109bis. The mission of the Medical Disability Council is to authorize the insurance coverage of the vocational rehabilitation programs for the benefit recipients. The conditions to which this mission may be exercised by the consulting physicians referred to in section 153 are determined by the King.
The King determines the professional rehabilitation services as well as the conditions and conditions for the care of these programmes.
The King also determines how to handle costs related to the effective integration of the holder after a professional rehabilitation process.
The authorisation granted to the King by this section expires two years after the publication of the Act of 13 July 2006 on various provisions relating to occupational diseases and occupational accidents and to occupational reintegration.
Orders made under this authorization cease to produce their effects if they have not been confirmed by law within 12 months of the date of their entry into force. »
Art. 89. In section 153 of the Act, as amended by the Royal Decree of 25 April 1997 and by the Acts of 20 December 1995, 24 December 1999, 22 August 2002 and 24 December 2002, the following paragraph shall be inserted between paragraphs 2 and 3:
"Physicians are also responsible for ensuring the socio-professional reintegration of workers incapacity. To this end, they shall take all necessary measures and contact, with the consent of the holder, any natural or legal person who may contribute to the professional reintegration of the holder. The medical consultant participates in the process of professional rehabilitation, referred to in section 109bis, under the conditions defined by the King. »
Section 5. - Final provisions
Art. 90. The authorization granted to the King by section 71 expires two years after the publication of this Act.
Orders made under this authorization cease to produce their effects if they have not been confirmed by law within 12 months of the date of their entry into force.
CHAPTER IV. - Entry into force
Art. 91. This Act comes into force on the day of its publication to the Belgian Monitor except:
1° of Article 44 which comes into force on the date fixed by the King on the proposal of the Management Committee of the Professional Diseases Fund;
2° of 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 produces its effects on 17 September 2001;
4° of Article 67 which produces its effects on 1^er January 2004;
5° of Chapter III, each of which comes into force on a date fixed by the King by royal decree deliberated in the Council of Ministers.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 13 July 2006.
ALBERT
By the King:
Minister of Employment,
P. VANVELTHOVEN
Minister of Social Affairs,
R. DEMOTTE
Seal of the state seal:
For the Minister of Justice, absent,
Minister of Defence,
A. FLAHAUT
____
Note
(1) Session 2003-2006
House of Representatives:
Documents. - Bill No. 51-1334/1. - Amendments, n^bones 51-1334/2 and 3. - Report, no. 51-1334/4. - Text adopted by the commission, No. 51-1334/5. - Text adopted in plenary and transmitted to the Senate, No. 51-1334/6.
Full report. - Discussion and voting. Session of June 8, 2006.
Senate:
Document. - Project not referred to by the Senate, No. 3-1739/1.