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The Law On The Basis Of The Insurance Law For Replacement Rehabilitation

Original Language Title: Laki liikennevakuutuslain perusteella korvattavasta kuntoutuksesta

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Law on rehabilitation in the light of the Traffic Insurance Act

See the copyright notice Conditions of use .

In accordance with the decision of the Parliament:

ARTICLE 1 (30.12.2004)
Scope

This law provides for a transport insurance law (279/1959) , and to a person who is resident in Finland and who is subject to an international law on social security or social security in respect of this law.

ARTICLE 2
Rehabilitation

Rehabilation shall mean a set of measures to promote and support the return and performance of the rehabilitation and work, prevent, eliminate and reduce the adverse effects affecting the ability to work or function, and Improve his capacity for self-performance.

ARTICLE 3
Conditions for rehabilitation

Rehabilitation shall be replaced by the person who is entitled to compensation in accordance with the Traffic Insurance Act and whose job or earning capacity or earning capacity has been reduced as a result of the accident. Rehabilitation shall also be replaced if it is likely that the person's ability to work or function or the earning capacity may subsequently be substantially reduced due to traffic injury.

§ 4
Replacement rehabilitation

Rehabilitation costs shall be reimbursed to the operator and shall be reimbursed for the loss of earnings resulting from the rehabilitation period as set out below.

§ 5
Rehabilitation related to work and earning capacity

In order to improve or maintain the cost of the necessary measures, in order to improve or maintain the costs of the necessary measures, in order to improve or maintain the necessary measures, the rehabilitation shall be replaced by: To continue in their former occupation or occupation, or to move to a new employment or occupation from which he or she can obtain the main means of subsistence.

When assessing the need for rehabilitation, account shall be taken of the age of the rehabilitator, previous activity, training, housing conditions, disability or disease, as well as his or her chances of investing in work or occupation after completion of the rehabilitation On the labour market in general terms.

ARTICLE 6
Replacement costs for work and credit rehabilitation

The cost of the rehabilitation of the work and the earning capacity shall be replaced by:

(1) research into rehabilitation needs and opportunities;

(2) work and training experiments;

(3) work coaching in a former or new job or in a working clinic or similar institution;

(4) adequate and adequate training, necessary and appropriate for the training and training of the rehabilitist and for the pursuit of such training, and the training and study tools necessary to ensure such training; Costs;

(5) the necessary and reasonable travel costs for rehabilitation;

(6) in order to support the pursuit of the occupation or occupation, a grant or an interest-free loan for the purchase of work equipment and working machinery or for the establishment or modification of a business;

(7) assistive devices and equipment intended for the use of a rehabilitation centre, as well as the equivalent structures necessary for performing the work tasks, taking into account the limitations of performance caused by an injury or disease;

(8) a disability allowance or an interest-free loan for the purchase of a vehicle for travel between an apartment and a job, provided that the need for a vehicle is caused by the limitations of the injury to the general means of transport;

(9) travel costs for hard-to-disabled work or study when the injury prevents the use of general means of transport; and

(10) other comparable rehabilitation costs.

If, in the case of measures to improve the earning capacity, it is found that the rehabilitation service does not have the conditions for rehabilitation or is otherwise found to be unsuitable, the rehabilitation sector may be amended or totally Stop.

§ 7
Rehabilitation related to the performance of work or activities

The rehabilitation allowance shall be reimbursed, in so far as it is not provided as a medical treatment (1326/2010) To the health centre or the nursing home, in order to promote and maintain a rehabilitation centre chosen by the insurer in the rehabilitation centre of its choice of rehabilitation or rehabilitation; The cost of the necessary measures. (30.12.2010/1336)

The cost of rehabilitation shall be replaced by:

(1) the need for rehabilitation and research;

(2) rehabilitation periods for outpatient or institutional care;

(3) costs arising from the imposition, adaptation, acquisition, use, brushing, maintenance and renewal of equipment necessary for the limitations of the activity caused by an injury or disease caused by the disease;

(4) the necessary and reasonable accommodation for the permanent residence, which is deemed necessary and reasonably accessible to disabled persons, and the reasonable cost of the alterations to the dwelling; The right to compensation shall be entitled to a maximum of once every five years, unless there are particularly weighty reasons for any change in the past;

(5) the costs incurred by the rehabilitation service for the rehabilitation service, including the necessary travel and accommodation expenses incurred in the preparation of the person who is or is actually caring for him; and The loss of earnings of such a person to a reasonable extent;

(6) travel costs incurred in the rehabilitation of the rehabilitated person;

(7) additional costs for the disabled in services which are difficult to disabled;

(8) reasonable costs arising from interpretation services which are difficult to sight, hearing or speech impair; and

(9) other comparable rehabilitation costs.

§ 8
Compensation for loss of income from rehabilitation

During this period, a rehabilitation allowance shall be paid to a rehabilitation worker who is in a job or training trial, work clinic, coaching or vocational training, or in a hospital or in a rehabilitation centre, in accordance with the Of a reduction in full. However, full compensation is not paid when the rehabilitation is organised in such a way that it does not prevent the rehabilitated person from carrying out appropriate gainful employment.

If the rehabiliterate did not have any income in the event of accidental injury, he/she shall be provided with a guarantee of income in the form of income from gainful employment, which would have been available to him before the start of the rehabilitation.

The full allowance shall also be made from a reasonable period of time for rehabilitation and rehabilitation, and pending rehabilitation, pending rehabilitation.

The full allowance under Article 5 shall also be paid to the municipal authority during the period of leave of the rehabilitation programme in accordance with Article 5.

§ 9 (30.12.2004)
Suspension of rehabilitation

If rehabilitation is interrupted or rehabilitation needs and opportunities are prolonged or interrupted or rehabilitation is delayed for a reason dependent on the rehabilitation of a person who is not the result of a replacement, such suspension or There is no compensation for the delay in accordance with Article 8.

ARTICLE 10
Primacy of law

If, under other legislation, the municipality has provided the rehabilitation service with services and support measures for the same purpose and at the same time as the rehabilitation benefit under this Act, the rehabilitation allowance shall be transferred to the municipality.

If the municipality has notified the institution of the rehabilitation it has given to the insurance institution at such a late hour that the institution has not been able to take account of the notification when it pays compensation to the rehabilitator, the insurance institution is not obliged to pay compensation to the municipality.

As provided for in this Article, the municipality's right to compensation is subject to the provisions of the Law on Rehabilitation and Rehabilitation Law (10/91) Has arranged for a rehabilitation or rehabilitation benefit under this law to be reimbursed by this law; (611/91) , paid rehabilitation allowance for the period of rehabilitation under this law.

ARTICLE 11
Referral of rehabilitation proceedings

Where a replacement injury results in long-term restrictions on the working and operational capacity and the earning capacity, the insurance institution shall, on its own initiative, immediately initiate the rehabilitation action referred to in Article 5 and take care of the rehabilitation needs For the purpose of deciphering and rehabilitation. Where necessary, the need for rehabilitation and the possibilities for rehabilitation should be determined by the insurance institution before a permanent pension is granted to the injured person.

The rehabilitation initiative may also be carried out by the injured, the employer, the medical service, the employment authority or any other person who is in the process of rehabilitation. As a result of the initiative, the insurance institution shall take immediate action to address the need for rehabilitation and the possibilities of rehabilitation.

If an initiative for rehabilitation under this law has been rejected, it is the responsibility of the insurance institution to provide the injured person with information about other rehabilitation opportunities and to be directed to rehabilitation as a rehabilitation needs; or Other services, in cooperation with those who organise them. (13.6.2003/507)

Paragraph 4 has been repealed by L 19.12.2014/1224 .

ARTICLE 12
Responsible burden

Where the different insurance institutions pay compensation to the same person as a result of two or more traffic accidents, the reimbursement shall be decided upon, unless the question of reimbursement is already pending in another insurance institution, An insurance institution carrying out compensation in respect of the last traffic accident.

ARTICLE 13
Cost allocation

If a rehabiliterate has the right to compensation for two or more transport insurance as a result of two or more road accidents related to traffic accidents, the costs shall be borne by the insurance institution as in the case of the transport insurance law 14 § is provided for.

If the need for rehabilitation is based on two or more reimbursing transport costs, the cost of compensation is shared between the liable parties in proportion to the consequences of the insurance events.

ARTICLE 14 (16.4.1993/363)

§ 14 has been repealed by L 16.4.1993/363 .

§ 15
Reincrease of compensation from the delay

In the event of a delay in the compensation provided for in this Act, the provisions of Article 12a of the Transport Insurance Act shall apply to the payment of delayed compensation for the damage suffered by the person concerned.

ARTICLE 16
Appeals appeal

The person who is not satisfied with the decision of the insurance institution may appeal to the insurance period by written complaint no later than the tenth day following the date on which the appellant has been informed of the decision.

Unless otherwise shown in the appeal, the appellant shall be deemed to have received the decision on the seventh day following the date on which the decision was lodged at the post of his/her post.

If the appeal has arrived after the deadline laid down in paragraph 1, it may nevertheless be admissible if there have been compelling reasons for the delay.

§ 17
International reciprocity

The State Council has the power to decide on exceptions to the provisions of this Act arising from a mutual agreement with a foreign power to benefit from the benefits of the law.

ARTICLE 18
More detailed provisions

More detailed provisions on the implementation of this law shall be adopted by the Regulation.

§ 19
Entry into force

This Act shall enter into force on 1 October 1991.

This law repeals the Law of 1 July 1965 on the maintenance of disabled persons in receipt of motor insurance benefits. (181/65) With its subsequent modifications.

This law shall also apply to compensation for rehabilitation as a result of a traffic accident which occurred before its entry into force.

HE 259/90, sosvkms. 49/90, svk.M. 253/90

Entry into force and application of amending acts:

16.4.1993/363:

This Act shall enter into force at the time laid down by the Regulation. (1 January 1994 L 363/1993 came into force on 1 January 1994.)

Before the entry into force of this Act, measures may be taken to implement the law.

THEY 340/92 , Annex IX to the EEA Agreement: Council Directive (72/166/EEC) (others. Council Directive 72 /430/EEC), Council Directives (8 4/5/EEC, 90 /232/EEC and 90 /618/EEC)

13.6.2003/507:

This Act shall enter into force on 1 October 2003.

Before the law enters into force, measures may be taken to implement it.

THEY 164/2002 , StVM 53/2002, EV 265/2002

ON 30 DECEMBER 2004,

This Act shall enter into force on 1 January 2005. This law shall apply to road accidents which have occurred since the entry into force of this Act.

THEY 158/2004 , StVM 28/2004, EV 169/2004

30.12.2010/1336:

This Act shall enter into force on 1 May 2011.

Before the entry into force of this Act, measures may be taken to implement it.

THEY 90/2010 , StVM 40/2010, EV 244/2010

19.12.2014/1224:

This Act shall enter into force on 1 January 2015.

THEY 213/2014 , StVM 22/2014, EV 180/2014