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Amendments To The Law "on Compulsory Social Insurance Against Accidents At Work And Occupational Diseases"

Original Language Title: Grozījumi likumā "Par obligāto sociālo apdrošināšanu pret nelaimes gadījumiem darbā un arodslimībām"

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The Saeima has adopted and the President issued the following law: amendments to the law "on compulsory social insurance against accidents at work and occupational diseases" make law "on compulsory social insurance against accidents at work and occupational diseases" (Latvian Saeima and the Cabinet of Ministers rapporteur, 1996, nr. 1; 1997, no. 3; 1998; 2000, no. 21, no. 2, no. 1; 2001) follows: 1. Replace the entire law, the words "third party" (the number and fold) with the words "right to consideration transferee" (the number and fold).
2. Add to article 1, paragraph 8, after the word "made" by the words "or had to make".
3. Turn off the article 4.
4. in article 6: to make the title and the introductory paragraph as follows: "article 6. The State social insurance agency in the State social insurance agency's tasks to the insurance against accidents at work and occupational diseases, are the following: ";
turn off the 1, 2 and 8;
Replace paragraph 16, the words "the law" On labour protection "by the words" labour protection law ".
5. Replace article 7 of the first paragraph of point 5 in number and the words "80 percent, on the basis of the monthly average insurance contributions wage" with the words "and no less than 80 percent of the monthly average earnings".
6. turn off the second part of article 10.
7. Supplement article 12 with the third, fourth and fifth paragraph as follows: "(3) if the insured person in the first part of this article within the period has not been registered as a minimum for payment or insurance contributions wage it hasn't had a vacation without salary by reason of the maintenance of monthly average insurance contributions wage down 40 percent of the national average wage of the insurance contributions for the calendar year ending in the year preceding the year who was currently in the insurance case.
(4) If the insured person in the first part of this article within the period not had insurance contributions wage of permanent incapacity for work, maternity leave or parental leave, the average insurance contributions wage calculation of insurance payments of salary for the period of six calendar months prior to the beginning of this period, not more than 32 months before the month in which the accident occurs, but this salary must not be less than 40 percent of the national average insurance salaries in a calendar year that ends the year before the year in which the insurance case.
(5) if in the fourth paragraph of this article within the period the insured person had no insurance, the monthly average salary insurance contributions wage down 40 percent from the national average insurance salaries in the calendar year that ends in the year before the year in which the insurance case occurs. "
8. Make article 13, third subparagraph by the following: "(3) the insured person due to accident at work or an occupational disease is a specific disability group awarded compensation for the loss of functional capacity shall not be less than the law" on State pensions "to the appropriate group of invalidity invalidity pension minimum amount."
9. Make the fifth subparagraph of article 14 of the second sentence as follows: "per month to be paid sick leave, compensation for the loss of functional capacity or the consideration for the survivors, as well as the second paragraph of this article, in paragraph 4, the specific costs the total amount must not be greater than in the case of insurance in force at the date of accession of the State social security benefit pay."
10. in article 17: Add to the first part of the sentence as follows: "the right to occupational disease claims is due to the insured person, for which the employer made or had to make mandatory contributions for insurance against accidents at work and occupational diseases, not less than three years.";
turn off part 5.
11. Article 19: adding to the second part of the name and the number of "not more than 52 calendar weeks" with the words "and the number of sick-day, if the incapacity for work is continuous, or no more than 78 weeks of the three-year period, if the failure persists with breaks";
Add to the introductory part of the third paragraph after the words "on the basis of" with the words "or the monthly average earnings".
12. Article 20: make the third paragraph of point 2 as follows: "2) found an occupational disease or occupational disease detection before this occurred a temporary disability.";
replace the sixth paragraph, the words "social assistance services" with the words "social service";
Add to article 10 and 11 of this part: "(10) If the insured person is experienced more in this statutory accident and loss of capacity for each instance is set separately, the person granted the most in terms of compensation for the loss of functional capacity.
(11) If the insurance case occurs in the person who receives compensation for injury at work, obtained until January 1, 1997, and the loss of capacity for each instance is set separately, the person stopped to pay compensation for the damage caused by work and to grant compensation for the loss of functional capacity. The amount of this remuneration may not be less than the compensation received for work damage. "
13. in article 22: to supplement the first subparagraph following the words "insured person's death" with the words "as well as if the dead person who receives compensation for the loss of functional capacity";
make the third paragraph as follows: "(3) death benefit is granted and paid double of the insured person's average monthly wage of the insurance amount, but not less than the national average monthly insurance contribution wage of the calendar year that ends in the year before the year in which intervening rights to death grants. If the dead person who received compensation for the loss of functional capacity, the death benefit is paid to the deceased's double claims for the month. ";
to supplement the article with a fifth by the following: "(5) where a deceased person has the right to receive the death benefit in accordance with this law and the law" on State pensions ", granted and paid the largest benefits in terms of the size."
14. Supplement article 23 the fifth subparagraph following the words ' the State social security benefits "with the words" and noting that the amount of compensation for each dead child in the household must not be less than 50 per cent of the State social security benefit ".
15. Replace article 26, paragraph 3, second subparagraph, and in the third paragraph, the word "branch" with the word "chapters".
16. Article 27 of the expression as follows: "article 27. State social insurance agency officials issued the contested administrative act and the appeals against the State social insurance agency employee picked administrative acts or actual action a person can be a challenge during the month of the administrative act, the date of its entry into force, shall submit the relevant application to the State Social Security Agency Director. The State social insurance agency director's decision can be appealed against in court within one month of the decision of the Director, the date of its entry into force. "
17. transitional provisions: Supplement 4, after the words and figures "up to 1 January 1997" with the words and figures "and people with an occupational disease, the cause of which is up to 1 January 1997, the work performed, found after the period, but they are not considered insured persons under this Act";
turn off the point 7.
The law shall enter into force on 1 January 2005.
The law adopted in 2004 the Saeima on 25 November.
State v. President Vaira Vīķe-Freiberga in Riga 2004 December 15 Editorial Note: the law shall enter into force by 1 January 2005.