LAW 776

(December 17)

Official Journal No. 45,037 of 17 December 2002

For which rules on the organization, administration, and benefits of the General System of Professional Risks are dictated.

COLOMBIA CONGRESS

DECRETA:

ARTICLE 1o. ENTITLEMENT TO BENEFITS. Any member of the General System of Occupational Risks who, under the terms of this Law or Decree-Law 1295 of 1994, suffers from an accident at work or a professional illness, or as a result of which incapacitate, invaliates or dies, you will have the right to have this General System provide you with care services and recognize the economic benefits referred to in Decree-Law 1295 of 1994 and this law.

PARAGRAFO 1o. .

PARAGRAFO 2o. The care and economic benefits arising from an accident at work or from a professional illness shall be recognized and paid by the administrator in which the worker is affiliated. at the time of the accident or, in the case of the occupational disease, at the time of requiring the benefit.

When a professional illness is present, the professional risk manager who assumes the benefits may repeat proportionally for the value paid with restraint and, in the same proportion to the time of exposure to the risk as have been affiliated with the different administrators, entities or their employer to have had periods without coverage.

For occupational disease in the event that the worker is disengaged from the Professional Risk System, and the disease is qualified as a professional, the benefits must be assumed by the last risk manager. was linked, as long as the origin of the disease can be attributed to the period in which it was covered by that System.

the Professional Risk Manager in which a work accident has occurred, must respond in full for the benefits derived from this event, both in the initial moment and in the aftermath, whether or not the worker is affiliated with that administrator.

The shares held by the administrators are independent of their obligation to recognize the payment of the economic benefits within two (2) months of the following months from the date on which they are issued or accredited. the requirements for their recognition. After this term, the professional risk manager must acknowledge and pay, in addition to the economic benefit, a moratory interest equal to that which governs the income tax and in proportion to the duration of the arrears. The above, without prejudice to the penalties to be imposed.

PARAGRAFO 3o. The National Government will establish in general a regime for the constitution of reserves, which will be the same for all System Administrators, which will allow the full compliance of the System-specific economic benefits.

The Banking Superintendency will establish within one (1) year of the entry into force of this law a scheme for the ISS to adopt the technical reserve regime established for insurance companies that have authorized the In the case of occupational risks, the Institute shall continue to operate separately within the ATEP reserves those which cover the cover capital for the already recognised pensions and the balance shall be allocated separately to the reserves for covering the economic benefits of the occupational diseases covered by this Article . Once the reserve of occupational disease is exhausted, the national budget must be used to cover the liability if it has been referred to in this paragraph, and the Institute shall pay the risk managers professionals who repeat against him.

ARTICLE 2o. TEMPORARY INCAPACITY. It is understood as temporary incapacity, that which, according to the acute picture of the illness or injury that the member of the General System of Professional Risks presents, prevents him from carrying out his work capacity for a period of time determined.

ARTICLE 3o. AMOUNT OF TEMPORARY DISABILITY BENEFITS. Any affiliate who is defined as temporary incapacity, will receive a grant equivalent to one hundred (100%) of their basic contribution salary, calculated from the following day the accident at work and up to the time of his rehabilitation, rehabilitation or cure, or of the declaration of his or her partial permanent incapacity, invalidity or death. The payment shall be made at the time the worker receives his/her salary on a regular basis.

For the occupational disease it shall be the same allowance calculated from the day following the incapacity for a disease diagnosed as professional.

The period during which the benefit of this article is recognized shall be up to and including eighty (180) days, which may be extended for periods not exceeding another hundred and eighty (180) continuous days, when this extension is determined as necessary for the treatment of the affiliate, or to complete its rehabilitation.

Fulfilled the period provided for in the previous paragraph and the cure or rehabilitation of the affiliate would not have been achieved, the procedure for determining the status of partial or invalidity permanent incapacity should be initiated. Until the degree of disability or disability is established, the ARP will continue to cancel the temporary disability allowance.

PARAGRAFO 1o. For the purposes of this system, the capabilities are granted for calendar days.

PARAGRAFO 2o. The professional risk management entities must assume the payment of the contribution for the General Systems of Pensions and Social Security in Health, corresponding to the employers, during periods of temporary incapacity and up to a basic income of the contribution, equivalent to the value of the incapacity. The ratio will be the same as established for these systems in Act 100 of 1993.

PARAGRAFO 3o. The Professional Risk Administrator may pay the amount of the incapacity directly or through the employer. Where the payment is made directly by the Administrator, the percentage to be paid by the worker to the other Social Security Subsystems, the value to be transferred with the contribution, shall be deducted from the value of the temporary disability allowance. corresponding to the employer indicated in the preceding paragraph, to the EPS or Pension Administrator to which the worker is affiliated within the time limits provided for in the law.

ARTICLE 4. RETURN TO WORK. At the end of the period of temporary incapacity, employers are obliged, if the worker recovers his or her work ability, to place him in the position he held, or to relocate him to any other for which he or she is trained, of the same category.

ARTICLE 5o. PARTIAL PERMANENT INCAPACITY. It is considered to be a partial permanent incapacitation, to the affiliate who, as a result of an accident at work or a professional illness, has a definitive decrease, equal to or greater than five per 5%, but less than fifty percent 50% of their work capacity, for which they have been hired or trained.

The partial permanent incapacity arises when the member of the General System of Occupational Risks, as a result of an accident at work or a professional illness, suffers a partial but definitive decrease in some or some of their faculties to perform their usual work, in the percentages set out in the previous paragraph.

ARTICLE 6o. DECLARATION OF PARTIAL PERMANENT INCAPACITY. The declaration, evaluation, review, degree and origin of the partial permanent incapacity shall be determined by an interdisciplinary medical commission, according to the regulations that for these purposes issue the National Government.

The declaration of partial permanent incapacity shall be made in accordance with the incapacity of the worker to procure himself by means of a job, with his current strength, capacity and professional training, a remuneration equivalent to the salary or income you earned before the accident or illness.

ARTICLE 7o. AMOUNT OF PARTIAL PERMANENT INCAPACITY. Any member of the General System of Occupational Risks to whom a partial permanent incapacity is defined, shall have the right to be granted compensation in proportion to the damage suffered, charge of the professional risk management institution, in a sum not less than two (2) basic settlement wages, not more than 24 times (24) its settlement base salary.

In those pathologies that are of a progressive nature, the percentage of the loss of the work capacity can be re-qualified and modified. In these cases, the Administrator will only be obliged to recognize the highest value resulting from the amount of the new compensation to be deducted from the previously recognized value updated by IPC, from the moment of payment to the date on which it is made the new payment.

The National Government will periodically determine the weighting criteria and the disability assessment table to determine the decrease in the labor capacity. Until such time, the valid Invalidity Rating Manual will be used at the date of the qualification.

ARTICLE 8o. WORKER RELOCATION. Employers are required to place the disabled worker in part in the job or to provide them with a job that is compatible with their skills and abilities, for which they must carry out personnel movements that are required.

ARTICLE 9o. INVALIDITY STATUS. For the purposes of the General System of Professional Risks, the person who, by reason of professional origin, not intentionally caused, would have lost fifty percent (50%) or more of his or her work capacity in accordance with the Invalidity Rating Unique Manual in force at the date of the qualification.

In the first instance, the rating of the percentages of loss of work capacity will be done by the interdisciplinary team established in article 6or. of this law, within the month following the date on which the process of integral rehabilitation has been completed, of the existence of discrepancies will be attended to the Boards of Rating of Invalidity, being carried out by the entity of Social Security corresponding to the payment of fees and other expenses incurred.

The cost of the opinion will be borne by the Professional Risk Administrator, but the employer or the worker will be able to go directly to those boards.

ARTICLE 10. AMOUNT OF THE INVALIDITY PENSION. Any member who is defined as an invalidity shall be entitled, from the same day, to the following financial benefits, as the case may be:

(a) Where invalidity is greater than 50% (50%) and less than 60% and 6% (66%), it shall be entitled to an invalidity pension equal to sixty per cent (60%) of the settlement base income;

(b) Where invalidity is more than sixty-six per cent (66%), it shall be entitled to an invalidity pension equal to seventy-five per cent (75%) of the settlement base income;

c) When the invalidity pension requires the assistance of another person or other person to perform the elementary functions of his or her life, the amount of the pension in question is increased by 15% (15%).

PARAGRAFO 1o. Professional invalidity pensioners shall continue to be listed in the General Health Security System, subject to the relevant legal provisions.

PARAGRAFO 2o. There is no place at the same time for temporary disability and invalidity pension benefits. Nor will there be for pensions granted by the common and professional regimes originated in the same event.

The worker or the person who is in breach of this provision shall be investigated and punished in accordance with the provisions of the laws in force, without prejudice to the refunds to which there is a place for the payment and obtained unduly.

ARTICLE 11. DEATH OF THE INSURED PERSON OR OF THE PENSIONER BY OCCUPATIONAL RISKS. If, as a result of the accident at work or of the occupational disease, the death of the affiliate is surviving, or a pensioner dies from occupational risks, they shall be entitled to the survivors ' pension the persons described in Article 47 of Law 100 of 1993, and their regulations.

ARTICLE 12. AMOUNT OF SURVIVOR ' S PENSION IN THE GENERAL SYSTEM OF PROFESSIONAL RISKS. The monthly amount of survivor's pension will be, as the case may be:

a) By death of the affiliate seventy-five percent (75%) of the settlement base salary;

b) By death of the pensioner by invalidity 100% (100%) of what he was receiving as a pension.

When the pensioner enjoyed the pension recognised on the basis of the literal (c) of article 10 of this law, the pension will be settled and paid out of 15% (15%) of the pension. to the causative.

ARTICLE 13. AMOUNT OF PENSIONS. No pension of those referred to in this law may be less than the current monthly statutory minimum wage, not more than twenty (20) times this same salary.

ARTICLE 14. PENSION ADJUSTMENT. The invalidity and replacement pensions or survivors of the General System of Occupational Risks shall be readjusted annually, ex officio the first (1o.) of January of each year, in the percentage of variation of the National total consumer prices, certified by the Dane for the year immediately preceding.

However, pensions whose monthly amount is equal to the current monthly statutory minimum wage, will be adjusted ex officio each time and with the same percentage in which the salary is increased by the Notional Government, when such a readjustment is higher than the CPI variation, as provided for in the preceding paragraph.

ARTICLE 15. REPAYMENT OF BALANCES AND REPLACEMENT COMPENSATION. Where an affiliate of the General System of Occupational Risks is invented or dies as a result of an accident at work or a occupational disease, in addition to the invalidity or invalidity pension survivors to be recognised in accordance with this law shall be delivered to the affiliate or to the beneficiaries:

a) If you are affiliated with the Individual Savings Regime with Solidarity, the entire balance of your individual pension savings account;

(b) If the Solidarity Regime of the Media with Defined Benefit is affiliated with the Substitute Allowance provided for in Article 37 of Law 100 of 1993.

PARAGRAFO. For purposes of the individual savings account balance, the pension bonds, under development of item 139, number 5, of Act 100, 1993, will be redeemed in advance of the date of the declaration of invalidity or death of professional origin.

ARTICLE 16. A FUNERAL AID. The person who claims to have covered the burial costs of an affiliate or a pensioner for invalidity of the Professional Risk System shall be entitled to receive a funeral aid equal to that determined in the article 86 of Act 100 of 1993.

The aid must be covered by the respective professional risk management entity. In no case can there be double payment of this aid.

ARTICLE 17. SUSPENSION OF THE ECONOMIC BENEFITS PROVIDED FOR IN THE SYSTEM OF THIS LAW. The Professional Risk Management entities shall suspend the payment of the economic benefits established in the Decree-Law 1295 1994 and in this law, when the affiliate or the pensioner does not submit to the examinations, controls or prescriptions that are ordered to him; or that he refuses, without justified cause, to submit to the procedures necessary for their physical and professional rehabilitation or work. The payment of these benefits shall be resumed, if there is a place to do so, when the pensioner or the affiliate is subject to the examinations, controls and prescriptions which are ordered or to the procedures necessary for his physical and professional rehabilitation. or work.

ARTICLE 18. PRESCRIPTION. The benefits set out in Decree-Law 1295 of 1994 and in this law prescribe:

(a) Pensional mesads within three (3) years;

b) Other benefits in the term of one (1) year.

The prescription is counted from the time the worker's right is defined.

ARTICLE 19. DETERMINATION OF THE QUOTATION. The literals of article 15 of Decree-Law 1295 of 1994 will thus remain:

a) Economic activity;

b) An indicator of variation of the index of incapacitating injuries and the accident rate of each company;

(c) Compliance with the policies and the annual work plan of the health program, an occupational enterprise developed with the advice of the relevant professional risk manager and defined based on the structure indicators, the process and result established by the National Government.

PARAGRAFO. All formulations and methodologies used for determining the variation of the quotation are common to all Professional Risk Administrators and cannot be used for unfair competition practices, subject to the imposition of fines.

ARTICLE 20. CHANGE IN THE AMOUNT OF THE QUOTATION. (a) and (b) of Article 32 of Decree-Law 1295 of 1994 shall remain as follows:

(a) An indicator of variation of the index of incapacitating injuries and the accident rate of each company;

b) Compliance with the policies and the annual work plan of the company's occupational health program advised by the relevant Professional Risk Administrator and defined based on the indicators of structure, process and the result set by the National Government.

PARAGRAFO 1o. The variation in the amount of the quotes will remain in effect as long as the conditions that gave you origin are met.

PARAGRAFO 2o. The variation in the amount of quotes can only be performed when at least one (1) year of the last employer affiliation has elapsed.

PARAGRAFO 3o. The Ministry of Labour and Social Security shall define in general terms the formulations and methodologies used for determining the variation of the contribution. These will be common to all Professional Risk Administrators and cannot be used for unfair competition practices, subject to the imposition of the corresponding fines.

ARTICLE 21. TRANSFER OF PROFESSIONAL RISK MANAGEMENT ENTITIES. Article 33 of Decree-Law 1295 of 1994 will thus remain:

Employers affiliated to the ISS may voluntarily move after (2) years, counted from the initial membership or the last transfer; in the other Professional Risk Administrators, according to Decree 1295 of 1994 in one (1) year. The transfer effects shall be from the first day of the month following the month in which the shipment took place, retaining the undertaking which carries the classification and the amount of the quotation for the following three (3) months.

ARTICLE 22. OBJECT OF THE FUND. Article 88 of Decree-Law 1295 of 1994 will thus remain:

The Professional Risk Fund aims to:

a) Advance studies, campaigns and actions of education, prevention and investigation of occupational accidents and diseases throughout the national territory, in particular article 88 of the Decree 1295 of 1994;

b) Advance studies, campaigns and actions of education, prevention and investigation of occupational accidents and diseases in the vulnerable population of the national territory;

c) Research studies that support decisions in financial, actuarial or technical matters may also be funded for the development of the General System of Professional Risks, as well as for creating and implementing a System Information System and a Professional Risk System Management Quality Assurance System.

PARAGRAFO. In no case will the application of the resources of the fund exceed forty percent (40%) in the object stated in the literal (a), not ten percent 10% in the literal c) the remaining will be used in the literal b).

ARTICLE 23. VALIDITY. This law governs from the date of its sanction and publication, and repeals all other laws and rules that are contrary to it.

The President of the honorable Senate of the Republic,

Luis Alfredo Ramos Botero.

The Secretary General of the honorable Senate of the Republic,

Emilio Ramon Otero Dajud.

The President of the honorable House of Representatives,

William Velez Mesa.

The Secretary General of the honorable House of Representatives,

Angelino Lizcano Rivera.

COLOMBIA-NATIONAL GOVERNMENT

Publish and comply.

Dada en Bogotá, D. C., at December 17, 2002.

ALVARO URIBE VELEZ

The Minister of Labour and Social Security,

Juan Luis Londono de la Cuesta.

The Minister of Labour and Social Security, in charge of the functions of the Health Minister's office,

Juan Luis Londono de la Cuesta.