For Compulsory Insurance Against Accidents At Work And Occupational Diseases

Original Language Title: Per L'assicurazione Obbligatoria Contro Gli Infortuni Sul Lavoro E Le Malattie Professionali

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No. 48. Law which contains amendments to the law for compulsory insurance against accidents at work and occupational diseases. We the Captains Regent of the Most Serene Republic of San Marino We promulgate and publish the following law approved by the Great and General Council at its meeting delli September 17, 1949: Art. 1. Art. 16 of 01/24/39 Law, as amended, containing provisions for compulsory insurance against accidents at work and occupational diseases, is amended as follows: n. 2) art. 16 the following is deleted "as long as their pay ragguagliata a month does not exceed L. 800". Art. 2. The numbers 3) and 4) of Art. 20 of the law indicated in art. 1 gathered in n. 3) with the following wording: "a pension for survivors and a check for a change in the event of death." Art. 3. Article. 25 the applicable law is amended as follows: "For the purposes of this Act shall be deemed an absolute permanent disability the result of an accident which completely remove, and all his life the attitude to work. It must be considered permanent partial disability the result of an accident the which decreases in part, but essentially and throughout life, the attitude to work. "When it is established that the accident or occupational disease has resulted in a permanent disability, such as to reduce the ability to work in excess of 10 % for cases of injury and 20% for cases of occupational disease, it will co reply, with effect from the day following the termination of the temporary disability allowance, an income of disability compared to the same degree of disability based on the following rates of pay: 1) incapacity of dall'undici able percent to sixty percent, increasing rate with the degree of disability, as in the annexed table, from fifty percent to sixty percent; 2) inability to grade from sixty percent to one hundred percent, a rate equal to the degree of disability. The monthly rents are rounded alladiecina more 'next to those excess equal or superior to the hamlet of five lire, by default the lower ones in that fraction. In cases of absolute permanent disability, in which essential all'invalido ongoing support staff, the pension is supplemented by a monthly three thousand lire ssegno for the duration of the assistance; It does not rise to integration when personal assistance is exercised either directly by the Institute insurer in place of treatment by other entities. The degree of permanent reduction of the ability to work due to accident or occupational disease, when it is compounded by pre-existing disability resulting from events unrelated to work from other injuries not covered by this law and must be referred not to the aptitude for normal work, but the reduced capacity to pre-existing disability effect. The ratio is expressed by a fraction in which the denominator indicates the degree of attitude to the pre-existing work and the numerator the difference between this and the degree of residue attitude after the injury. If the person to his wife and children or just a wife or children only with the requirements set out in items 1 and 2 of art. 35 the pension is increased by one twentieth for his wife and for each child. These additional shares of the annuity are also paid in case the injury is occurring to a woman; to that effect, with regard to the spouse, they will have to resort the conditions mentioned in the second and third subparagraphs of paragraph 1 of Article 35. "The accompanying share of rent following the changes of the pension and cease in any case with this, if not They have ceased prior to the death of the person for whom they were constituted, or to achieve the eighteenth year for the children, except in cases of children unable to work for the mind or body defect ". Art. 4. Article. 35 the applicable law is replaced by the following: "If the accident results in death, it is in favor of the survivors an income below the level set out in the following paragraph, ragguagliata to a pension corresponding to two thirds of the annual salary" 1) fifty percent to the widow until her death at the new marriage; in the latter case is a sum equal to three annuities ren eng. "If the survivor is the husband, the annuity is corrispo ta only in the case that his attitude to work is permanently reduced to less than a third." No right shall be open to the spouse if there is judgment of legal separation into past tried and pronounced guilty for him or both spouses; "2) 20% for each legitimate child, natural, acknowledged or recognized, and adopted, until the
reaching 18 years of age, and 40% if it is orphaned of both parents, and, in the case of adopted children, are also deceased both adopters. If children are survivors unable to lvoro the annuity is payable to his son incapacitated while it lasts disability; "3) in the absence of the surviving persons mentioned in points 1) and 2), twenty percent in each of the ascendants and adoptive parents if living dependents of the deceased and until their death;" 4) in the absence of the surviving persons mentioned points 1) and 2) twenty percent in each of the brothers and sisters they have been living with the victim and at the expense within the limits and conditions for the children. "The amount of pensions paid to survivors in these measures assigned to each one as above shall not exceed the amount of the entire annual ret er distribution. In the event that the above sum exceeds the salary, individual annuities are propo reduced tionally within that limit. Should one or more 'incomes have as a result of ceasing, the imanenti are replenished in proportion to the extent of this limit. in the reintegration of individual annuities can not, however, surpass the share due to each of the beneficiaries under the preceding paragraph. "in addition to annuities above is paid unavolta much a check to the widow or widower proficient even though at work, without, however, to the third paragraph of number 1), or, failing that, to the children, or, failing that, to the ascendants. If the check can not exist the aforementioned survivors, payable to other people of the servants of the deceased showing that there are special expenses incurred on the occasion of the death of the worker. The allowance is twelve thousand lire in case of survival of the spouse without children under the age of eighteen years or unable to work, sixteen thousand lire in case of survival of the spouse with legitimate children, natural, recognized or recognizable, and adoptive children of the eighteen years, or unable to work, or in the case of survival only to minor children of eighteen years or unable to work, and eight thousand lire in all other cases. "For the purposes of this Article shall be treated as the other children living descendants dependent on the deceased who are orphans of both parents, or fgli of parents unable to work, the exhibits regularly assigned, and are equivalent to ascending the people to whom the exhibits they are regularly entrusted. " Art. 5. The fourth paragraph of art. 42 of the law indicated in art. 1 is amended as follows: "In any case, the annual salary is computed from a minimum of L. 120,000 up to a maximum of L. 270,000." Art. 6. With effect from 1 January 1949 pensions for death and permanent disability for those paid in the form defined 35-100% sullavoro injury or occupational disease, in accordance with the law 24 January 1939, in progress at that date are revalued on the basis of an annual salary: a) one hundred twenty thousand lire for cases of permanent disability of a degree from thirty-five to forty percent and survivors; hundred and fifty thousand lire for cases of permanent disability of a degree from fifty to seventy percent; c) one hundred eighty lire for cases of permanent disability grade dall'ottanta hundred percent. Similar rules apply for annuities that will be paid after that date for accidents occurring and occupational diseases that occurred up to the date itself. Also from 1 January 1949 would set out the legal average hourly wages to be recorded on the register books and pays to be taken as the basis for the settlement of premiums and benefits, pursuant to the first paragraph of art. 42. Art. 7. For the annuity holders of accidents at work occurred until May 31, 1946, with a degree of permanent disability in the form defined no more than twenty percent, it is allowed to request the Institute insurer, not before the expiry of four years from the date of constitution of the annuity, the payment, for payment of any related right, by an amount equal to the capital value of the additional annuity due, calculated according to t beautiful in art. 68 of the law indicated in art. 1, increased by ten percent. In the case of new indemnifiable injury with an income of permanent disability, where you have competition between the latter disability and one which gave rise to the liquidation of redeemed annuity, it proceeds according to the criteria established by Articles 31 and 32 of the law indicated in 'art. 1. Art. 8. The amendments and additions referred to in Articles 3, 4 and 5 of this Act shall apply to cases of accidents occurring from 1 January 1949 and to occupational diseases have arisen from that date. Our Residence, this day of October 15, 1949 (1649 dFR). THE CAPTAINS REGENT
Vincenzo Pedini - Augustine Biordi THE SECRETARY OF STATE FOR INTERNAL G. Forcellini - Table page. 40 BU n. 1/1949 -

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