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

Original Language Title: Laki tapaturmavakuutuslain perusteella korvattavasta kuntoutuksesta

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Law on rehabilitation based on accident insurance law

See the copyright notice Conditions of use .

This law has been repealed by L 24.4.2015/459 , which is valid from 1 January 2016.

In accordance with the decision of the Parliament:

ARTICLE 1
Scope

This law provides for accident insurance (608/1948) And occupational diseases referred to in (1343/1988) , and to a person residing in Finland and subject to an international law on social security or social security in respect of this law. (30.12.2004)

What is provided for in this Act for rehabilitation as a result of an accident at work or occupational disease also applies to other injuries or illnesses which are substituted by the accident insurance 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 accident insurance law and whose earning capacity or earning capacity has been reduced as a result of an accident at work or occupational disease. 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 an accident at work or an occupational disease.

§ 4 (20.12.1989)
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. Rehabilitation persons shall not be required to receive any rehabilitation under this law outside Finland, subject to special circumstances.

§ 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 and 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-disabled extra work and study, when the injury prevents the use of generic 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 is reimbursed to the extent that 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 for the rehabilitation centre chosen by the insurance institution in the rehabilitation centre of its choice of rehabilitation The cost of the necessary measures. (30.12.2010/1337)

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 adaptation training of his or her family or person actually caring for him; and A person's loss of earnings;

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

(7) more than twice the amount of the excess drawback referred to in Article 20 (2) of the Indemnity Insurance Act for the additional costs of service housing which is difficult to disabled; (30.12.2004)

(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, the rehabilitation allowance is paid to the municipal authority, whether in the work or training experiment, the work clinic, the training or vocational training, or at the hospital or in the rehabilitation facility, in respect of the daily subsistence allowance, accident pension and annuity rate. To reduce or reduce the working capacity, regardless of the degree of impairment. 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.

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.

Employers who have paid the rehabilitation allowance under the law on vocational training reimbursed under this law (630/1998) Article 17 Shall be entitled to benefit from the daily subsistence allowance, the accident pension and the annualrate referred to in paragraph 1. (30.12.2002/1316)

§ 8a (30.12.2002/1316)
Insurance against accident insurance

The insurance institution shall arrange for the insured person to be insured under Article 57 (1) of the accident insurance law in accordance with this law, in the field of vocational training and training, in the form of an examination of the need for rehabilitation and training, In the event of an accident at work, in so far as the rehabilitation benefit is not otherwise entitled to compensation under the accident insurance law.

The annual work provided for in the declaration referred to in paragraph 1 shall be used as a basis for the loss of earnings resulting from the loss of earnings resulting from the accident or occupational disease caused by the need for rehabilitation measures or rehabilitation measures. In the case of annual work, which shall be reviewed when the insurance is taken and, thereafter, in the calendar year, the employee pension scheme (395/1961) Article 7b By the salary factor. (30.12.2004)

§ 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 the rehabilitation period, which is not the result of a replacement, suspension or delay Shall not be paid in accordance with Article 8 (1) to (3).

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 notice 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 rehabilitation.

If an initiative for rehabilitation under this law has been rejected, it is the responsibility of the insurance institution to provide the worker with information about other rehabilitation opportunities and to be directed to rehabilitation or rehabilitation in the rehabilitation needs; or Other services, in cooperation with those who organise them. (13.6.2003/506)

Paragraph 4 has been repealed by L 19.12.2014/1223 .

ARTICLE 12
Cost allocation

Where an accident occurred or an occupational disease occurred before 1 January 1964, the cost of rehabilitation resulting from the injury or occupational disease shall be borne by the insurance companies as a result of the invalidity of the disabled person receiving the accident. Under Article 6 of the Law of 20 December 1968, (696/68) Provides.

In the cases referred to in paragraph 1, the lot needed to pay for the rehabilitation of the reimbursed rehabilitation allowance shall be taken into account for the purpose of determining the amount of an insurance contribution made by the employer in the event of an accident insurance. The Ministry of Social Affairs and Health will be set up by the Ministry of Social Affairs and Health.

ARTICLE 13
Reincrease of compensation from the delay

In the event of a delay in the compensation provided for in this Act, the provisions of Article 60a of the Insurance Act concerning the payment of delayed compensation in the event of delay are applied.

ARTICLE 14
Appeals appeal

The appeal against the decision referred to in this Act shall be valid for the purpose of the accident insurance law for the decision of the insurance institution or the accident board.

§ 15
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 16
More detailed provisions

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

§ 17
Entry into force

This Act shall enter into force on 1 October 1991.

By this law, the Act of 20 December 1963 on the maintenance of invalidity in the event of an accident (592) With its subsequent modifications.

This law shall also apply to the reimbursement of rehabilitation due to an accident at work and an occupational disease 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:

20 DECEMBER 1996/1205:

This Act shall enter into force on 1 January 1997.

THEY 227/1996 , StVM 39/1996, EV 235/1996

ON 30.12.2002/1316:

This Act shall enter into force on 1 January 2003.

This law shall apply to work and training on training, education and training for apprenticeship training, rehabilitation needs and opportunities to be replaced by this law, to work coaching and training, starting with the entry into force of this Act.

THEY 245/2002 , StVM 37/2002, EV 178/2002

13.6.2003/506:

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 accidents which have occurred and to occupational diseases which have occurred since the entry into force of this Act.

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

ON 30 DECEMBER 2004,

This Act shall enter into force on 1 January 2005.

This law shall also apply to the insurance referred to in Article 8a (1) which commenced before the entry into force of this Act. An indexation adjustment under this law shall be made to the annual amount of the annual work adjusted to the corresponding index level in 2004, applying Article 8a (2) as it stands at the time of entry into force of this Act.

THEY 250/2004 , StVM 39/2004, EV 211/2004

30.12.2010/1337:

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 DECEMBER 2014/1223:

This Act shall enter into force on 1 January 2015.

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