Advanced Search

Rules On Work Injury Compensation

Original Language Title: Noteikumi par darbā nodarītā kaitējuma atlīdzināšanu

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
The Republic of Latvia Cabinet of Ministers Regulations No. 441 of 1997, 30 December 1981 (No. 73 4. ¤) the rules on the reimbursement of damage at work issued under the law "on compulsory social insurance against accidents at work and occupational diseases" of the transitional provisions (4) i. General questions 1. terms used in the rules: 1. the company is registered in the business register, business, company or non-profit organization (regardless of the form of business and property type) , State or local authorities, as well as public or religious organization, trade union or other legal person who employs one or more employees;
1.2. employees: a natural person who is or has been in the employment relationship with the employer or civil relations and has suffered an accident at work or occupational diseases found that person;
1.3. dependant: incapable person wholly or partly maintained by the employee before the death caused by an accident at work or an occupational disease;
1.4. work damage — loss of the employee's incapacity or death, if it is the cause of the accident at work or an occupational disease;
1.5. damages: the employee or dependant (in case of death of the employee) amount of money to be paid for the damage caused by the work that the employee is compensated for loss of earnings, but dependant — loss of livelihoods;
1.6. damages — award of damages and the payment, as well as with the work injury related additional expenses for the employee.
2. These rules shall determine the order in which the employer provides the employee or a dependant (in case of death of the employee) in damage compensation.
3. in accordance with these provisions, the employer or his or her rights and obligations to the transferee is obliged to reimburse the damage caused by 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 (employee's death) received or was entitled to receive 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 National Commission of physician expertise (hereinafter uptime expertise Commission) said to him after that date;
3.3. If an employee after January 1, 1997 is no longer working and the cabinet authorized a Special Commission of occupational disease the doctor finds him an occupational disease, the cause of which is up to the expiry of the work carried out by the employee health harmful working conditions, and the availability of expertise the Commission determines uptime uptime of loss or loss of disability groups;
3.4. If the employee's death has occurred after January 1, 1997, but was the result of an accident at work or an occupational disease established before 1 January 1997, and the employee after January 1, 1997 to the date of death is not worked.
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 the company 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 the reorganization of the company. If the company privatised, marketable set of obligations on work damages caused to privatizējam business successor rights and obligations determined in the legislation which the institution carries out (has taken) the company's privatization.
6. If the business transaction is terminated, 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 compensation payment until an employee or a dependant terminates the rights to that consideration, by the State social insurance agency (hereinafter the Agency).
7. in the event of the insolvency of the company, the administrator shall reimburse the damage caused by the work of the law "on insolvency of undertakings and companies".
8. 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 date of the notification of termination of the business of the day.
9. in order to ensure the payment of compensation, the continuity of the employer: 9.1 company winding-up cases within 20 days after the rules referred to in point 6 of compensation in the amount of money transfer to the special budget for any damages (including damages for the granting and payment of) related documents (things) transmits (sends) the Agency;
9.2. the company's reorganization or privatization case, successor rights and obligations along with the other documents shall also be forwarded to all the damages caused to the work-related documents (things).
10. the provisions of paragraph 9 Of the documents referred to in transfers (transfer) to the agency or to the transferee of the rights and obligations, 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.
11. 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 procedures, except that 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.
12. 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" within 20 years from the date of the employee or a dependant terminates right to compensation of damage.
13. Disputes on work injury compensation cases pending in court.
II. the granting of compensation and payment of 14. Damages and costs awarded to: 14.1. the employer or his successor rights and obligations;
14.2. the Agency if the employee or dependants in accordance with the procedure laid down in these provisions is made for compensation payments to the special budget for the next three years.
15. Damages to the employee or a dependant for damages which was granted before the entry into force of these regulations, calculated and paid to the future employer or his successor rights and obligations under these terms, on the basis of previously submitted documents and a statement issued by the Agency, which is in force on the date of the compensation for an employee or a dependant of the amount of the pension awarded.
16. If compensation is paid by the Agency, the employee or dependant in this rule shall submit to the agency or 18.2.7.18.1.4. referred to in the request.
17. This provision 3.2, 3.3 and 3.4. cases referred to the right to damages is: 17.1. employee — with the day when the accident at work or occupational disease due to their established capacity loss or loss of capacity determined by disability groups;
17.2. dependant — with the survivor death day;
17.3. in accordance with a court ruling specified in days.
18. This provision 3.2, 3.3 and 3.4. in the cases referred to in the award of compensation is to be submitted the following documents: 18.1. If an employee suffered an accident at work or an occupational disease encountered him: 18.1.1. Act (a copy of the law) on the work of the accident or the cabinet authorized the Special Commission of occupational disease the doctor a copy of opinion of an occupational disease found;
18.1.2. excerpt from uptime expertise concerning the capacity of the Commission for a determination of the damages (if granted a disability group, also display a certificate of disability);
18.1.3. certificate issued by the Agency on employees assigned to disability, retirement and its extent. This certificate is not required, if the payment of the compensation Agency;
18.1.4. the request for the granting of compensation;
18.2. If the cause of death of the employee is an accident at work or an occupational disease:

18.2.1. Act (a copy of the Act) 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 of the Agency;
18.2.2. notarized death certificate copy;
18.2.3. the medical institutions or medical practice was issued a certificate of cause of death of the employee related to the accident at work or an occupational disease;
18.2.4. certificate from the place of residence of the dependants and proof of marriage or other relationship with the employee, or court order, or other document proving that the person concerned is dependent, or copies of such documents;
18.2.5. proof of incapacity for the dependent;
18.2.6. certificate issued by the Agency for dependent for a survivor's pension and the amount. This certificate is not required, if the payment of the compensation Agency;
18.2.7. dependent minor or his guardian's request for compensation.
19. the employer, his rights or obligations of the successor 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 about three days written notice to the requestor. If the request is rejected, the applicant shall, within three days after the decision is issued a written motivated refusal.
20. If a request for compensation filed later than one year after the law on damages as to the date, then the compensation shall be granted and paid for the previous period, but no more than 12 months before the date of the application.
21. Damages: 21.1. the employer or his successor rights and obligations are paid monthly wages on the day of payment and the site or the service damage compensation to cover the costs associated with the delivery, the employee or dependent, if he has requested;
21.2. the Agency paid the compensation set by the payment date;
21.3. the person concerned may transfer the account specified by the credit institution of the Republic of Latvia on the basis of the employee's or dependant's written submission.
22. If the compensation awarded to the employee until 1 January 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 the Agency in accordance with the law on work accident insurance is calculated and paid employee statutory claims for the entire capacity of the Commission's specific expertise capacity loss, then the employer or his successor in title of the rights and obligations of the cost of compensation for the damage suffered by the employee in advance. In this case, the employer or his successor rights and obligations every month at 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 is not in accordance with the procedure laid down in this paragraph have made contributions, the Agency is entitled to recover the amount of the debt recourse procedures.
23. the employee or dependent must immediately notify the employer or his or her rights and obligations to the transferee 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.
24. by 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.
25. A deduction from the amount of compensation shall be made in the order in which they are to be made from wages.
III. calculation of compensation 26. Damages to the employee due to injury at work is calculated as follows: 26.1. If the capacity of the inspection laid down by the Commission for the loss of working with disability groups, the award of compensation is calculated by the following formula: I = K1 x IP, which damages the —;
IP — an employee of the previous calendar month, calculated the amount of the invalidity pension;
K1 — compensation factor: 0.9-1. group disability;
0.65-2. group disability;
0.35-group 3 disabled persons;
26.2. If the capacity of the inspection laid down by the Commission for the loss of functional capacity without disability groups, granting damages is calculated by the following formula: I = K2 x MJP, which damages the —;
MJP — 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.
27. 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 by the following formula: I = K3 x IP, which damages the —;
IP — an employee of 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 of 60 — 79 percent;
If the employee's capacity 0.5-loss is 30, 59 percent;
If the employee's capacity of 0.35 loss is 20-29 percent;
If the employee's capacity 0.25-loss is 10-19 percent.
28. If an employee disability pension awarded in place of the old-age pension or retirement pension, compensation shall be calculated in accordance with the provisions of article 26 or 27, disability pension instead of taking the appropriate age or retirement pension.
29. Dependant damages is calculated by the following formula: I = K4 x AROUND which that compensation;-
AP: dependant on 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 and more dependent.
30. the periods of compensation in cases where: a change in employee or 30.1. the dependent pension concerned;
30.2. the changes specified in the State social security benefit (calculating damages this rule 26.2. the order referred to in subparagraph);
30.3. the Inspection Commission shall determine the capacity of other disability groups integrity loss or other interest;
18.9. found inaccuracies or the documents submitted is the Court ruling and if these conditions affect the damages.
31. the employer or his successor rights and obligations this provision, 30.3 30.4 30.1. and in these cases the compensation adjustment shall be based on the employee's or dependent of the documents (statement), or 30.2. in the case referred to in point out, on the basis of the Cabinet of Ministers in certain State social security benefit changes. In this case, the compensation is recalculated, starting with the calendar month following the month in which entitlement to conversion has occurred, but not more than three months before the date of submission of the document.
32. 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 the said 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 33. the employer or his successor rights and obligations to pay the employee due to a work injury incurred such additional costs: 33.1. for treatment, including patients contributions and participation payments, medical, social and vocational rehabilitation, including prosthetics, rehabilitation and acquisition of funds for repairs, as well as employee retraining or other occupations, if these expenses exceed the State budget for the respective type of service expenses and their payment is guaranteed by other laws;
33.2. the employee and his escort travel due to medical institutions or medical practice.
34. the need for additional services is determined by the medical establishment or the medical practice and evidenced to the date of entry into force of the provisions provided to the operational expertise Commission opinion.
35. the additional expenses on the basis of the application of the employee, which added to the invoice and cheque proving these expenses, as well as other expenditure documents.
V. concluding questions 36. Damages in accordance with these rules is calculated starting with the calendar month after the date of entry into force of the provisions.

37. If the remuneration for the current month, calculated in accordance with these rules, is less than the compensation of an employee or dependant paid for a full calendar month before the date of entry into force of these regulations, compensation is paid in advance, until the amount of compensation to catch up. This condition need not be met where the injury is caused by a reduction of the remuneration that rule 30.1, 30.3, and 30.4 in those cases.
38. This provision and paragraph 3.4 3.3 came into effect after the amendment of the law "on compulsory social insurance against accidents at work and occupational diseases".
39. Be declared unenforceable: 24.3. The Council of Ministers of 2 June 1992, decision No. 209 "for the order in which people work is recalculated the damages" (the Republic of Latvia Supreme Council and Government Informant, 1992, 32/33./34.nr.);
24.4. The Council of Ministers of 4 January 1993, decision No. 1 "for the work in terms of damages" (official Edition AROUND the MP, 1993, no 2; Latvian journal, 1994, no. 42; 1996, no. 61);
39.3. The Cabinet of Ministers of 22 March 1994, Regulation No 65 "on amendments and additions to the rules under which the employer must pay the employee a disability due to injury or occupational disease" (Latvian journal, 1994, no. 42);
24.5. The Cabinet of Ministers of 2 April 1996, Regulation No 82 "amendments to the Council of Ministers of 4 January 1993 in decision No. 1" for the work in terms of "damages" (Latvia's journal, 1996, nr. 61).
Prime Minister in: environmental protection and regional development Minister, Deputy Prime Minister a. Gorbunov Welfare Minister v. Makarova in the