Work Injury Compensation Calculation, Financing Arrangements And Costs

Original Language Title: Darbā nodarītā kaitējuma atlīdzības aprēķināšanas, finansēšanas un izmaksas kārtība

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Cabinet of Ministers Regulations No. 378, Riga, 23 august 2001 (pr. 10. § No 39) in damage compensation calculation, financing and the cost of the order Issued in accordance with the law "on compulsory social insurance against accidents at work and occupational diseases" of the transitional provisions (4) i. General questions 1. determines the order in which the natural person who is or has been in employment or civil service relations with the employer or the State civiliestād and has suffered an accident at work or an occupational disease for which an established (hereinafter employees) or incapable person wholly or partly maintained by the employee before the death caused by an accident at work or an occupational disease (hereinafter referred to as the dependant), is calculated and paid to finance the 1997 January 1 damage.
2. Pursuant to these provisions, the amount of money granted to an employee for loss of earnings, but dependant on the loss of livelihoods (hereinafter referred to as the compensation) and to pay additional costs due to work injury (employee integrity loss or death if it is due to accident at work or an occupational disease).
3. the employer and State civiliestād (hereinafter called the employer) or his successor rights and obligations is the obligation to pay damages in the work in the following cases: 3.1 where an employee injured at work up to 1 January 1997 and if, due to this injury, the employee or dependant if he had received the right to compensation in accordance with the laws in force before the entry into force of these regulations;
3.2. If the employee suffered an accident at work up to 1 January 1997, but uptime uptime of the loss or loss of disability groups integrity Health Award and the expertise of the National Commission of physician (hereinafter referred to as the capacity of Inspection Commission) he determined after that date;
3.3. If the employee in accordance with the law "on compulsory social insurance against accidents at work and occupational diseases" are not considered insured persons, but Cabinet authorised the Special Commission of the occupational physician he finds an occupational disease that is caused by an accident at work or the work of the employee health harmful working conditions before January 1, 1997, and the capacity of expertise the Commission determines uptime uptime of loss or loss of disability groups;
3.4. If a staff member under the law "on compulsory social insurance against accidents at work and occupational diseases" are not considered as insured persons and his cause of death is an accident at work or an occupational disease acquired before January 1, 1997, through work harmful to health, and the judicial medical expertise.
4. The rules referred to in paragraph 3, in cases the right to damages is: 4.1 the employee for the entire capacity of expertise by the Commission for the loss of functional capacity;
4.2. dependant on time while he is or was the law specified the dependent status.
5. If employers reorganize, the employer shall transfer the rights and obligations to the transferee set of obligations for damages caused to the work, giving their decision on a reorganisation. If a company (company a) privatised, marketable set of obligations for damages caused to work is determined by the legislation in a particular institution which carries out (has taken) to the company (the company) privatization.
6. If the employer in the event of termination, the employer or his successor rights and obligations of an employee or dependant is paid all the debts of the compensation, as well as the amount of compensation paid for the subsequent three years State social insurance disability, maternity and sickness special budget (hereinafter referred to as the special budget). In this case, the damages in the future until the employee or a dependant terminates the rights to that consideration, by the State social insurance agency (hereinafter the Agency).
7. In the case of employer's insolvency administrator will reimburse the damage caused by the work of the law "on insolvency of undertakings and companies".
8. If the Court has determined the legal fact that the employer is responsible for the damage caused by work, there is no identifiable (that is, excluded from the register of companies), the Agency shall assign the employee or dependants for damages with the judgment of the date of entry into force, but not before the entry into force of these regulations.
9. calculation of this rule 6, paragraph damages for the subsequent three years, on the basis of damages is taken, the employee or dependant entitled for a full calendar month before the termination of the employer within days. The rules referred to in point 8 of the agenda of the calculation of the compensation is determined in accordance with the provisions of chapter III.
10. in order to ensure the compensation of the cost of the continuity, the employer: 10.1 all damages (also with the granting of compensation and cost) related documents (things) transmits (sends) the Agency, if the employer in the event of termination within 20 days after the rules referred to in point 6 of compensation in the amount of money transfer to the special budget;
10.2. the rights and obligations to the transferee together with other documents shall also be forwarded to all the damages caused to the work-related documents (things), if the employer is reformed or privatized.
11. about this rule referred to in paragraph 10 of document transfers (transfer) to the agency or the rights and obligations to the transferee, as well as the transfer of a sum of money in the budget for the special employer one week written notice to the recipient of the compensation.
12. If a beneficiary out of the Republic of Latvia to permanent life abroad, his compensation will be awarded for the following six months computed from the date of a written request and on presentation of a passport with a mark on a sign-off, and the future is interrupted if the cost of transnational contracts, not for other arrangements, except when the employer or his successor rights and obligations voluntarily continue these costs. Calculating the damage referred to in this paragraph for consideration for the next six months is taken on the basis of compensation to the employee or dependant entitled for a full calendar month before the date of submission of the application.
13. documents relating to damages, as well as those who affirm that document (things) transfers (transfer) to the agency or the rights and obligations to the transferee, retained the law "on the archives" in the order of 20 years from the date of the employee or a dependant terminates right to compensation of damage.
14. Disputes on work injury compensation cases pending in court.
II. the granting of compensation payments and financing 15. Damages awarded and paid: 15.1 the employer or his successor rights and obligations;
15.2. the Agency if the employee or dependants of these provisions prescribed in point 6 is made special contributions to the compensation budget;
15.3. the agency that referred to in paragraph 8.
16. This provision 3.2, 3.3 and 3.4 and point 8 of these cases the right to damages is: 16.1. employee-the day when the accident at work or an occupational disease because he determined operational loss or loss of working with disability groups;
16.2. dependant-the survivor death day;
16.3. the employee or dependant-with a court ruling specified in days.
17. to receive compensation for damage that rule 3.2., 3.3., and in paragraph 3.4 and 8 of these cases, the following documents must be submitted: 17.1. If an employee suffered an accident at work or an occupational disease encountered him: 17.1.1. the request for the granting of compensation;
17.1.2. Act (a copy of the law) on the work of the accident or the cabinet authorized the Special Commission of occupational disease the doctor opinion (opinion copy) for occupational diseases found;
17.1.3. the extract from the legislation of the Commission of inspection capacity for capacity loss and disability certificate (if granted a disability group);
17.1.4. a copy of the court order (indicating the original) found the fact that the employer is not determinable;
17.2. If the cause of death of the employee is an accident at work or an occupational disease: 17.2.1. dependent or his legal representative, a request for the grant of compensation;
17.2.2. a copy of the death certificate (showing original);
17.2.3. referring physician issued a copy of the certificate (the original show) on the causes of death of the employee's association with the accident at work or an occupational disease;
17.2.4. proof of marriage or family relationship with the employee, or court order, or other document proving that the person concerned is dependent, or copies of these documents (presentation of the originals);

17.2.5. a copy of the Act (the presentation of original) of an accident at work or the cabinet authorized the Special Commission of occupational disease the doctor a copy of opinion of an occupational disease, found if the following document is not the employer or his successor rights and obligations, or the Agency;
17.2.6. a copy of the court order (indicating the original) found the fact that the employer is not determinable;
17.3. If in accordance with the provisions of paragraphs 6 and 7 of the employee or dependent has made compensation payments to the special budget for the next three years and the cost of the compensation Agency, then for the future compensation for the employee or dependant is not required to submit these rules 17.1.1. the Agency and the documents referred to in paragraph 17.2.1.
18. the employer, his successor rights and obligations or the Agency 10 days after these provisions that document receipt, shall decide on the grant of compensation or the continuation of the cost, the calculation of compensation, its duration and the payment of the pay day and within three days of written notice to the requestor. If the request is rejected, the applicant within three working days after the decision is issued a written motivated refusal.
19. the Agency's compensation paid to an employee or a dependant on the date of payment stipulated, or even his specified credit institutions of the Republic of Latvia to the account based on the employee or dependants, or his legal representative a written submission. The request for the transfer of the compensation account, renewable every 12 months.
20. If a request for compensation filed later than one year after the law on damages occurred days, damages to the employer or his successor rights and obligations granted and paid these rules laid down in chapter III, to the extent of the previous period, but no more than 12 months before the date of the application.
21. If the compensation awarded to the employee until January 1, 1997, but after that period he continues to work and he was doing a repeat accident at work or occupational diseases found him another, and calculated and paid the agency employee statutory claims for the entire capacity of the Commission's specific expertise capacity loss, then the employer or his successor rights and obligations for damages for the injury sustained by the employee in advance. In this case, the employer or his successor rights and obligations every month along with the social insurance contributions transferred to the special budget in the amount equal to the employee in accordance with these provisions, the calculated damages for the last calendar month before granting claims. If the employer or his successor rights and obligations has made compensation payments in accordance with the procedure laid down in this paragraph, the Agency shall be entitled to recover the amount of the debt recourse procedures.
22. the employee or dependent must immediately notify the employer or his successor rights and obligations, or the Agency about changes in accordance with these rules may affect the damages or payment of the order, as well as the change of residence.
23. After the employer or his successor rights and obligations, as well as the employee or dependants, the Agency shall issue a certificate for the amount of the pension awarded and its changes.
24. A deduction from the amount of compensation shall be made in the same order as the wage.
III. calculation of compensation 25. Damages to the employee due to a work injury calculation the following: 25.1. If integrity inspection laid down by the Commission for the loss of functional capacity and granted the disability group, damages is calculated using the following formula: I = K1 x IP, which damages the-;
IP-employee on the previous calendar month, calculated the amount of the invalidity pension;
K1-compensation coefficient: 0.9-1. group disability;
0.65-2. group disability;
0.35-group 3 disabled persons;
15.7. If the capacity of the inspection laid down by the Commission for the loss of functional capacity without disability groups, granting damages is calculated using the following formula: I = K2 x, where the SNP-compensation;
SNP-national social security benefits;
K2-compensation factor: 1.0-if an employee's capacity loss is 20% or more;
If the employee's capacity 0.7-loss is 10-19 percent.
26. If an employee of general illness are granted disability pension and because of the damage caused by work in addition to their fixed capacity loss, damages is calculated using the following formula: I = K3 x IP, which damages the-;
IP-employee on the previous calendar month, calculated the amount of the invalidity pension;
K3-compensation factor: 1.0-if an employee's loss of capacity is 80-100 percent;
If the employee's capacity of 0.75-loss is 60-79 percent;
0.5-If an employee's loss of capacity is 30-59 percent;
If the employee's capacity of 0.35-loss is 20-29 percent;
0.25-if an employee's loss of capacity is 10-19 percent.
27. If the employee's disability pension awarded in place of the old-age pension or retirement pension, compensation shall be calculated in accordance with the provisions of article 25 or 26, disability pension instead of taking the appropriate age or retirement pension.
28. Dependant damages is calculated using the following formula: I = K4 x AROUND where that remuneration;-
AP-dependant for the previous calendar month calculated the survivor's pension;
K4-compensation factor: 0.8-if there is one dependent;
0.9-If you have two dependents;
1.0-if there are three or more dependants.
29. the compensation periods, if: the employee changes or 29.1. children in the amount of the pension in question;
29.2. changes in national social security benefits (calculating damages this rule 25.2. order referred to in subparagraph);
29.3. the Inspection Commission shall determine the capacity of other disability groups integrity loss or other interest;
29.4. finding inaccuracies or the documents submitted is the Court ruling and the conditions that affect the amount of compensation.
30. Compensation is recalculated, starting with the next calendar month after the month in which the employee or dependants shall be entitled to conversion.
31. If the remuneration for the previous period, the employer or his successor rights and obligations has not been paid for reasons attributable to the time, it is observing the periods during that period, the amount of the pension in question, on the basis of the amount of the pension paid to the employee or dependant for the last calendar month.
IV. Additional expenses 32. the employer or his successor rights and obligations to pay the employee the additional expenses up to 750, related to: 32.1. treatment (including treatment and patient payments) and medical and vocational rehabilitation;
32.2. the employee and his Moon travel, visiting the treatment or medical rehabilitation;
32.3. the technical equipment acquisition and renovation;
32.4. the employee care, where, in accordance with the statement of the Commission's expertise working on legislation for the determination of the loss of functional capacity employees can themselves collect and then need constant help of another person.
33. in paragraph 32 of these provisions that additional expenditure need is determined by the medical establishment, and it is charged on the basis of the following documents: 33.1. the employee's written request for additional payment of expenses;
33.2. documents showing the extent of the additional costs where appropriate;
33.3. a copy of the legislation on accidents at work (presented in the original) or cabinet authorized the Special Commission of occupational disease the doctor a copy of opinion of an occupational disease found (showing original).
34. a Person whose employer is not detectable, the Agency does not pay the extra costs.
V. concluding questions 35. If the consideration for the current month calculated according to these rules, shall be less than the compensation of an employee or dependant paid in December 1997, then the compensation until the amount of compensation to be paid to plug, which calculated for December 1997. This condition need not be met where: 21.8. capacity of expertise the Commission employee in connection with the improvement of the health condition of lower disability group or lower capacity loss percentage;
35.2. diminished number of dependants. In this case, the damages that were awarded for December 1997, reduced the part that corresponds to the reduction in the number of dependants, if this amount is not less than that calculated in accordance with these rules;
35.3. the Court ruling or inaccuracies found in the documents submitted, which affect the amount of compensation.

36. Persons who participated in the Chernobyl nuclear power plant (hereinafter referred to as AES) emergency relief, as well as people who stayed in the area of radioactive contamination, if their disability associated with the Chernobyl accident relief, invalidity pensions and survivors ' pensions granted after their death their dependents, calculated according to the calculation of compensation rules, using the following formula: PA = 90% VS x d, where PA – pension amount (in LCY);
VS-pay-Central Statistical Bureau estimated the average monthly gross wages of public sector workers for the previous quarter (ls);
DZ-professional capacity loss factor percentage.
37. the Agency this rule 36. persons referred to in point from February 1, 1998, the conversion of the awarded invalidity and survivors ' pensions and the cost of the difference between the amount of the pension, calculated in accordance with the provisions of section 25.1., and the amount of the pension, calculated in accordance with the provisions of paragraph 36.
38. The resources work injury compensation of the employee or a dependant, if there is a legal determination as to the fact that the employer is responsible for the damage caused by work, there is no identifiable, is financed from the social insurance special budget.
39. the rules shall enter into force by 1 January 2003.
 
Prime Minister a. Smith Welfare Minister a. Požarnov rules shall enter into force by 1 January 2003.
 

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