Compulsory Insurance Against Injuries And The Occupational Diseases

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

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2. No law for compulsory insurance against industrial accidents 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 Prince and Sovereign Council of the LX, in His Returned today: TITLE I. Application and object of insurance Field. Art. 1. And 'compulsory insurance against accidents at work of persons who, numbering more than two, and in the conditions provided by this law, are involved: 1) to mills in which it makes use of machines driven not directly by the person who uses it; 2) to serve in machinery whose agent inanimate or at equipment pressure subject to supervision and control intended for industrial purpose, commercial and agricultural, always excluded the case that the machines or equipment is only intended for home use. The insurance is also compulsory, even when on satisfy the cases referred to in numbers 1 and 2, for the people referred to above which are involved in the work; 3) construction, maintenance or demolition of buildings, including roads and public works, hydraulic bonificamento, masonry work and drains in the rooms of the gallery recurring landslides or mountain basins, as well as the production of cement, lime, gypsum and bricks; 4) construction, maintenance or repair of railways, tramways, trolley-buses, cable cars and cable cars, and pursue; 5) producing or distributing water and electric à, including telephone companies and radiotelegraph; placement, repair and removal of lightning rods; 6) transportation by land, when use is made of mechanical means or animals, and they do not concern the agricultural products transport carried out on behalf and in the interest of a farm; 7) the production, processing and application of explosive materials, flammable, corrosive and caustic; 8) for loading and unloading performed by means of porters that will have to be insured in the midst of their corporation; 9) cutting and reduction of plants and transport of ess, where the work is performed by those who are not employed by the farm; 10) of the machine shops and carpenter; 11) of the glass works and ceramic factories; 12) the mines and quarries, including the treatment and processing of materials extracted; 13) for the extinction of fires. The insurance is also mandatory if either one worker employed when it comes to work at machinery moved by inanimate agents, or at them engines, work in stone quarries, the building demolition, building and related works the outside of buildings with use of scaffolding, ladders or bridges, the electrical systems and their operation, repair and maintenance. They consider themselves as designated to take charge at sevizio machinery moved by inanimate agent or at the motors of them all who perform functions in dependence and effect of which are exposed to the danger of injury directly caused by machines and engines. The insurance covers all cases of accidents occurred due to violent causes during the job, from which is derived the death or permanent incapacity for work, total or partial, ovver a total temporary disability which amounts to abstain from work for more 'of three days. For the purpose of this law is considered infrtunio at work also carbonchiosa infection. Art. 2. The insurance is also mandatory for occupational diseases listed in the table attached to this law, which are contracted in the performance or because of the work specified in the same table and as such rientrno workings amongst those referred to in art. 1. The above table may be amended or supplemented by government decree, after consultation with the competent corporate bodies. For occupational diseases, as in the present law are not laid down special provisions shall apply those related accidents. TITLE II. The employers. Art. 3. They are considered employers or as such required insurance also the state for work performed by it, hospices, hospitals or other care institutions. In the work carried out by concession or contract they are considered employers, and as such required insurance contractors or dealers even if the work is performed on behalf of the state and parastatal entities. Cooperatives, trade guilds and even society in fact, consist in whole or in part by the employees, they are considered employers, and as such required insurance also made to its shareholders insiders. In the event that the employees paid by the piece in the factory, workshop or building site of a
employer job that was subject to the obligation insurance they shall, with consent of these, other providers of work they have undertaken and paid for, even the assurance of the latter is paid by the employer predicted. Art. 4. The insurer's expense is the sole responsibility of the employer, which is inhibited to contribute however and in whatever form the providers of work in this expenditure. The employer, in the case of contravention of this prohibition is punishable by a fine of up to L.5.000. Those who are obliged insurance must implement, with the greatest diligence, all the preventive measures necessary to prevent accidents and to protect the life and personal integrity of workers. Art. 5. Employers subject to this Act must report to the Institute insurer, on forms prepared by the latter, at least three days before the start of the work, the nature of the work themselves, and in particular the processes specified in the table annexed to this law for insurance against occupational diseases and should also provide all the elements and indications are that it demands for risk assessment and the determination of the insurance premium. When the nature of the work or to the need of their start was not possible to make such a prior complaint, the same must provide the employer within three days of commencement of the works. Employers must also denounce the Institute insurer subsequent modifications extension and nature of the risk already covered by the insurance no later than the sixth day from that on which the modifications or changes have occurred, as well as the cessation of production. In case of delayed complaint of voluntary redundancy of the insurance premium payment obligation, to the extent previously due, it extends until the tenth day following the date of the termination. The employer must also provide for the reporting of changes regarding the identification of the owner of the company, domicile and residence of it as well as the headquarters of the holding within eight days from the one in which the same variations have occurred. In the case of transition of a company from one employer to another, the latter despite the complaint made in accordance with the preceding paragraph, is solidly bound with the first, subject to any right of recourse of the new employer to the earlier, for all that it is due by the Institute insurer for premiums and related interest and additional sums as a penalty, referring to the current year and the two nti Prev. Art. 6. The Institute insurer, when it becomes aware that Siasi not done so, according to the provisions of the preceding article, the complaint of the work, formal notice by registered mail postcard the employer communication fixing a period of five days for fulfillment. After that period, the employer must pay the resulting award from the findings made by the Institute insurer, and from the beginning of the work. Art. 7. The employer must keep: 1) a book of registration in which are inscribed, in chronological order of their engagement in service and before admission to work, all the employees. The book freshman must indicate, for each undertaking the work, the order number of inscription, the surname, first name and the authorship, date and place of birth, date of mmission on duty, and that of dismissal , the professional category, and even when the worker is paid by the piece, the wages specified in the first paragraph dell'art.42. 2) Pay a book in which, for every employee, even casual laborer, is indicated: a) the surname, first name and the serial number; b) the number of hours they worked on each day; c) actually paid daily wage; d) the legal daily wage to insurance effects that will have to be equal to many times the average hourly wage in the first paragraph dell'art.42, how great were the hours of actual work in the worker's day. For each apprentice will be indicated in the payroll only two thirds of the legal daily wage, under paragraph 2 letter d of this Article, taking as the median hourly wage of the employees, the category to which the apprentice will pass, finished It apprenticeships. The book pays must be kept. Every day for each worker, or even casual laborer apprentice must register the hours of work performed the previous day and the legal daily wage in the preceding paragraph, while actually paid daily salary shall
be registered within three days of the closing date for payment recurrence of it. If the worker, paid by the piece, for the execution of the work makes use, in accordance with the last paragraph of article 3 of other persons whom he employs or paid, for this must hold a matriculation book and pay with the standards referred to in this Article. Art. 8. The book freshman and the book have to pay ess re bound and numbered on each page and, before being put into use, must be presented at the Institute insurer, which makes them be marked on every page of its own charge, declaring ell'ultima page the number of sheets that make up the book and having affixed to any such declaration date and the signature of the same charge. The two aforementioned books must be kept without any blank, and must be in ink or other indelible material. There you can make abrasions; and where it is necessary some cancellation, this must be carried out so that the words are deleted, however, legible. The books or sheets of pay must be marked by the institute insurer from a consecutive order number. The employer must keep the books pays for four years at least the last entry and, if not used, the date on which they were stamped in accordance with the first paragraph. The book and pay the registration must be immediately presented on the site where it executes the work, whenever required, to charge dell'istitu or insurer. The employer must give all the evidence showing the books and accounting records and cash and other documents, as well as the necessary clarification eg demonstrate the accuracy of the registration. The insurer institution, by means of the aforementioned charge, has the right to take copies of payroll, which must be countersigned by the employer. The officers themselves are recorded in the investigations took place via report to be countersigned by the employer, who has right to inscribe in it the statement that he believes appropriate. If the employer refuses to sign, the charge shall mention indicating the reason for rejection. The employer must give the institution insured and all the information which is requested by the sc bit to know, at any time, including people in the insurance. Art. 9. If the work are employees spouses, children, relatives or in-laws up to the third degree, members of the employer's family, under the conditions specified in items 1, 2, and 3 of Article 16 , the employer, in addition to inscribe such persons in libridi freshman and pay, must denounce the institute insurer by name and with their wages, just the tables in all'art.42, even if it is not paid any wages. In the case referred to in the preceding paragraph, the spouse, children, relatives and relatives should be computed - together with the employer who participates in the work itself - the effects of the number of workers required by the first paragraph of article 1. Art. 10. The Institute insurer can dispense with the book held matriculation book and pay public authorities and other entities, when it appears that the same is effectively provided with sheets or roles pay. The maintenance of books is undoubtedly the addition of the Technical Office Government. The insurer Institute will also grant a dispensation from the estate of any book, paper or pay the register when ransitorio question of character or short-term work such as Motoaratura, threshing, pressing of the olives. Art. 11. The employer must report the institute insurer injuries from which employees hired workers are affected, and they are prognosticati not curable within three days, regardless of any assessment of the anniversary of the legal grounds to the indennizzabilità. The accident report must be made within two group than that in which the employer they heard the news and must be corrdata a medical certificate. If it is an injury which has produced death, or for whom it is anticipated the danger of death, the complaint must be made in writing, within twenty-four hours following the accident, the local branch of the institute insurer. If the inability to injury prognosticato curable within three days be prolonged to the fourth, the deadline for the complaint shall run from the latter day. The complaint of occupational diseases must be submitted by the employer institute insurer, supported by a medical certificate, within five days after the date on which the undertaking the work he did complain to the employer of the manifestation of the disease.
The accident complaint institute insurer and the medical certificate, which shall make, must indicate, in addition to the general worker, the day and time at which the accident, the causes and circumstances of it took place, the nature and the precise anatomic location of the lesion, the relationship with the alleged causes, any preesistent alterations. The doctor who first aid responders must, for each case of accident and occupational disease, forward a copy of a complaint-certificate if the same to Commissioner's Court. Anyone violating the above provisions are punishable with a fine up to five hundred pounds. The employer, although not subject to the requirements of this law, must, on pain of a fine referred to in the preceding paragraph, within two days give notice Political Inspectorate of each accident at work which would result in either death or the inability to work for more 'than three days, as well as of each occupational disease. This complaint must indicate: 1) the name, last name, company, company name and title of the employer; 2) the place, day and time in which the accident occurred or the occupational disease manifested itself; 3) the nature and the known or suspected cause of the accident and and the circumstances in which it occurred; 4) the name and surname, fatherhood, age, residence and the usual occupation of the person left injured; 5) the state of the latter, the likely consequences of the accident or occupational disease and the time in which it will be possible to know the final outcome; 6) the name, surname and address of the accident witnesses. Art. 12. For the purposes of determining the premiums payable by employers and obligations arising Institute dall'art.20 insurer, the employer is obliged to give the institute insurer and for it to its employees for this purpose charge, the news related to the wages that must serve as a basis for the settlement of insurance premiums and benefits and to allow us a charge above the assessment in their own company, even elle hours of work, in addition to the aforementioned information, the circumstances in where the accident occurred and all those other necessary for risk assessment. Employers or their representatives who do not frniscano news requests or knowingly give incorrect or incomplete, or failing to comply with the requirements of the fifth paragraph of Article 8 shall be punished by a fine up to a thousand pounds. Art. 13. Employers who do not fulfill the requirement of the statutory report of the work carried out by them, are punished with a fine of up to Lire trcento when people subject to them, including insurance obligation, are in number no more than three, up to a thousand pounds when employees are more 'than three. The aforementioned penalties will be doubled for repeat offenders. Regardless of the criminal case the employers are required to pay insurance institute, besides the fac election insurance premium from the beginning of the work, a sum equal to the share of the premium corresponding to the period of time from the start of the work until the date of the complaint. Employers who do not provide the deadlines to pay the premium due or installments or residual portions of it or certain additional risk differences from changes or adjustments operated in relation to the records of the wages or the adjustment of the same records, are kept to pay the institute, as well as the premium or the installment or residual interests or additional Differential of it, the interest at the legal rate in civil matters on the amount of premium due or the aforementioned shares or differences, and the sum of said amount. The employers who fail denunciations of extension and modification of the nature of the risk already covered by insurance, in accordance with article 5 and the prescribed records of the insured employees or wages in order to determine the calculation and payment of a lower premium than that actually due, are required to pay the institute insurer, beyond the additional difference between the premium paid and liquidated or qullo due, an amount equal to that difference and that with effect from the commencement date of the breach. Employers, who after being incurred in a default, scheduled in the previous paragraph, incur the same non-compliance, they are required, in addition to performing the payments arranged by the same paragraph, the institute insurer to reimburse the amount of benefits paid to accidents occurring during the period of default to its employees that the failures relate. For the purposes of the provisions of this subsection shall be deemed to
Indemnities paid the sums already paid and those to be paid by capitalizing the revenues according to the table in all'art.68. Art. 14. The credit institution's insurer to employers for insurance premiums, and related interest or additional sums as penalty have privilege on the generality of the furniture and property (and for those without membership) of the debtor same rank after the claims of the state to which they are however postponed. The sums due to the claims referred to in the preceding paragraph shall be levied governmental dall'esattoria with the rules in force for the collection of taxes, according to roles of collection, which are trained by the institute insurer. Moreover the Esattoria respond only of the sums collected will be refunded and the enforcement costs if they have not been recovered. Appeals against the formation of roles are the responsibility of the Law Commissioner who decides at final. Appeals must be produced within thirty days from that in which the debtor's employer has received the payment notice, to be sent to the Institute insurer by registered mail with return receipt. Such appeals do not suspend the execution of the role: however the Law Commissioner during the examination of the appeal may suspend the execution whenever the appeal, based on our preliminary, appears well founded in its sole giudiz or. The suspension is prepared by order to be served, in the middle of the slider of the Court, to the debt and institute insurer. The appeal against the formation of the roles of collection must be sent via registered parcel to the Law Commissioner to which the evidence must be provided that a copy of the appeal was notified Institute insurer, so that it can present within fifteen days of receipt it its own counter. The roles listed in the second paragraph of this article by the Institute transmitted to the Law Commissioner, who, within eight days of receipt, making them executive and shall have it published and all'esattore delivery. Art. 15. The insurance premiums must be paid by employers institute insurer in advance in the manner and on such terms as are established by the establishment itself insurer, for a term of one year or less for the duration of the work, on the basic amount of the wages referred to in letter # 2. Article 7 of which are expected to be registered by the employer in the book of pay during the year or during the time period to which they relate the same awards. At the request of the employer, the insurer institution may allow that premiums are paid in semi-annual or quarterly installments on payment of a surcharge. If during the period of time for which it is anticipated the prize institute insurer determines that the amount of wages registered in the payroll norm article 7 2 letter d, exceeds that alleged under which it was anticipated the prize, the same insurer institution may request the payment of an additional premium. For the purposes of the adjustment of premiums employers must communicate the institute insurer, the premium rate of deadlines and terms specified therein the amount of wages for the previous period of insurance, and duly r tered on the book pays pursuant to article 7, except for the controls that the institute believe that you have. TITLE III. Insured persons. Art. 16. They are included in the insurance: 1) those outside the home permanently or temporary resident lend employed and under the direction of others paid manual work, although with profit-sharing or the product; 2) those who, under the same conditions, even without participating physically at work, oversee the work of others, as long as their pay, ragguagliata a month, does not exceed eight hundred lire; 3) apprentices, with or without pay, participating in the execution of the work. They are considered as such for the purposes of this Act minors of sixteen. The relatives of the employer who lend loroopera to him dependencies are between insured persons, as there are including members of cooperatives and also de facto companies, totally or in part consist of works by lenders. Art. 17. No one who is below the age of twelve years of age, can be hired to work in quarries, construction or building demolitions, nor used to crico and unloading of construction materials or from demolition, nor to the exercise machine in general, nor in dangerous nature of their businesses. Art. 18. The insured shall give immediate notice of any injury that happens, even if the
minor, to your employer. When the insured has failed to comply with the obligation predicted and the employer, not being has otherwise become aware of the accident, has not made the complaint in terms of Article 11, it is not paid the allowance for the days before that in which the employer had the accident news. The complaint of occupational disease must be made by the insured to the employer within a period of fifteen days from the manifestation of it under penalty of forfeiture of his right to compensation for the time prior to the complaint. Art. 19. For the factories in which it makes use of the machine, the ssicurazione against accidents at work includes all persons engaged in additional work or ancillary to those main industry even when working in several local and separate one in which d it acts the machine. TITLE IV. Insurance benefits. Art. 20. The insurance benefits are the following: 1) a daily allowance for temporary disability; 2) an annuity for permanent disability; 3) an annuity to survivors in case of death; 4) payment of a sum by way of subsidy, the fam glia of injured immediately after the death; 5) medical and surgical care; 6) the supply of prosthetic appliances. Insured persons are entitled to benefits from the institution's insurer even if cu the employer has not fulfilled its obligations in this stable law. Art. 21. As from the fourth day following that on cu the accident occurred and lasts until the absolute inability to fully and effectively prevents the injured wait to work is a daily allowance paid to the accident itself in of two thirds of the daily wage of which all'art.42. For occupational diseases the allowance starts from the tenth day following the day in which, because of the disease, began the absolute incapacity to work. The temporary disability benefits are paid in arrears at intervals not exceeding fifteen days. Art. 22. The day on which the injury occurs is not included among those to be computed for the determination of the duration of the consequences of the accident itself. At any time the victim has left the job, the employer is obliged to pay the wages to the extent to which the provider of the work would have been entitled had he completed his working hours. Art. 23. For the purposes of determining the allowance made for temporary disability, the annuity for permanent disability and survivor annuity, the wages, salary or remuneration to be taken to the base is determined in accordance dell'art.42. Art. 24. Upon receiving the accident report with the medical certificate stating that the worker is not able to get to work, the insurer institution, ascertained the indennizzabilità arranges for the accident by more 'short-term, both paid to the accident to the temporary incapacity benefit. An insurer institution considers that it is obliged to liquidate the compensation, must give notice to the accident or persons entitled specifying the reasons for the negative decision. Art. 25. 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 which decreases partially but essentially, and for life, the attitude to work. When it is established that the accident is derived a permanent incapacity for work, it shall be paid with effect from the day following the date of cessation of temporary disability allowance, an income of disability in the annu extent of half of the annual salary of Article .42, in the case of absolute permanent disability, and a king fingers proportionately reduced in relation to the degree of disability, whether it is permanent partial disability as long as the ability to work is reduced by more than ten percent for cases of and injury to twenty percent for cases of occupational disease. If the person has a wife and children or just wife os the children, provided they have the requirements referred to in 1 and 2 dell'art.35 rent is increased by a tenth for his wife and for each child. The additional shares of the pension following the variations of the basic pension and cease in any case with this, if they are not ended before the death of the person for whom they were constituted or to the achievement of the fifteenth year for figl, except for children unable to work for want of mind or body. Art. 26.
In cases of permanent disability provided in the attached table, the attitude to work, to the liquidation of the pension effects, it means reduced insofar percentage indicated for each case. The complete abolition of the functions of limbs or organs or parts of them is equated to their anatomical loss. When, instead, the limbs or organs or parts of them have lost their function only partially, the degree of reduction of the attitude to the voro is determined based on the percentage of disability established for their total loss, and in proportion of the business value of the lost function. In case of loss of more 'limbs, or organs, or more' parts of them, and if not it is expressly contemplated in the table multiplicity, the degree of reduction of the attitude at work must be determined from time to time taking into account than as a result of the accident, and as a result of the coexistence of individual lesions, it decreased the work attitude. The assessment of the level of the attitude to work towards the organ of sight is made considering the visual faculty as resulting with the use of glasses. Art. 27. The injured which is liquidated the disability pension insurer must submit the institution of the family was the Mother House of the supplementary shares liquidation effects for his wife and children, referred to in the third paragraph of Article 25. The aforementioned shares, which are an integral part of the annuity paid to the accident, are reported for the entire duration of the annuity to the composition of the family of the injured at the same time of the accident, except for variations in the penultimate paragraph of Article 25. Art . 28. in the case of injury that caused abdominal hernia, the insurer institution is required only to medical and surgical services and the payment of benefits for temporary disability, subject to the provisions dell'art.55. In the event that it is inoperable hernia is due to disability pension in the amount established for the reduction of fifteen percent dell'attitud it to work; if a dispute arises about the operability, the decision is left to the judgment conclusive of an arbitration panel established under dell'art.53. Art. 29. Upon receipt of the medical certificate constatante the final outcome of the injury, the insurer institution communicates to the accident to the date of termination of the temporary incapacity benefit and whether or not foreseeable consequences of a permanent nature for compensation under this Act . If these consequences are foreseeable, the insurer institution shall make investigations to determine the species and the degree of permanent incapacity to work, and within the period of sixty days communicates to the accident liquidation of the disability annuity, indicating the elements that served basic to such liquidation. But the insurer institution, when for condizion the injury is not yet ascertained the degree of permanent disability, may liquidate an annuity into a temporary measure, by giving notice to the person within the period aforesaid, subject to then proceed to final settlement. Art. 30. The victim, who does not recognize the pei-founded reasons which the insurer institution believes it is not obligated to pay compensation, or do not agree on the termination date of the temporary disability allowance or non-existence of permanent disability, or does not accept the liquidation of a temporary annuity or that however made by the institute insurer to notify the same by registered letter with acknowledgment of receipt or by letter which has withdrawn received within thirty days of receipt of the communication made to him, the reasons for which does not consider justifiable the institute measure, indicating, in the event that it is permanently incapacitated, the measure of compensation which it considers be his due, and attaching in any case to demand a medical certificate from which emerge the justification of demand . Receiving no response within thirty days from date of receipt of the application referred to in the preceding paragraph, or if the reply does not seem satisfactory, the victim may request the establishment of the arbitration panel whose all'art.49, or, if for the contestation of the characters it should use the expertise of the arbitrators, to sue the insurer in accordance dell'art.72 institution. If the period mentioned in the second and third paragraph of the preceding article is reckoned without the insurer institution has done to the accident communications within them, apply the provisions of the preceding paragraph. Art. 31.
In the event that the holder of an annuity is suffering from a new compensable injury with a disability annuity, we proceed to the establishment of a single annuity according to the degree of overall reduction in fitness for work caused by certain injuries from the previous or previous injuries and the new, evaluated in accordance with dell'art.26 provisions, based on the salary that was used for the determination of previous income. However, if such a rate is lower than that according to which the rent in relation to the new injury, the new annuity would be wound it will be determined on the basis of the latter wage. In the case in which the new injury per se considered to result in a permanent disability not exceeding ten percent and the total incapacity ia higher than that under which it was wound up the previous annuity, it is wound a new annuity according to the rules of the preceding paragraph . In the event that as a result of previous accidents is left over permanent disability that does not exceed ten percent and after new injury proves a permanent disability which together exceed this percentage is paid a pension according to the degree of reduction of the attitude to work resulting after the last injury and wages established by existing tables at the time of the accident itself. Art. 32. In the event of a compensable injury with the permanent disability pension, in which you have disability competition determined by the pre-existence of a disabling injury that has resulted in the award of an allowance for permanent disability due to accident at work in accordance with the law 18 July 1914 24 of the annuity for the new injury is paid on the overall disability according to the rules of Article precedent. In the case of occupational disease of the preceding Article and Article 31 shall also apply when the total disability is derived in part from an accident at work and in part from an occupational disease. Art. 33. The extent of the disability annuity can be rivduta in case of a decrease or increase in the attitude to work and in general as a result of change in the physical conditions of the annuity holder, provided, in the case of deterioration, this is It derived from the injury which led to the liquidation of the annuity. The annuity can also be suppressed in the case of recovery of the attitude to work within the limits of the minimum benefit is payable under the terms of the previous article. The holder of the annuity can not refuse to sott stand for surveys that are arranged for the purpose of the preceding paragraph by the institute insurer nor to enter the hospital for treatment or observation, unless the treatment specified in the second paragraph dell'art.56. In case of refusal the insurer institution may order the suspension of payment of any pension or part of it. In the first four years of the date of the first revision of the pension constitution can only take place after one year from the date of the accident, and at least six months from the constitution of the annuity; each successive revisions n can take place at a distance of less than a year from the previous year. After the fourth year from the date of constitution of the annuity, the review can only take place twice, once at the end of three years and the second at the end of the next three years. Art. 34. The revision of disability pensions under the preceding article may be requested by the injured or arranged by the institute and assured. In the first case of application must be submitted to the SI ituto insurer and must be accompanied by a medical certificate showing that you èverificato a worsening in the accident consequences and also showing the new measure to re uction attitude to work. If the insurer institution refuses to grant the request in whole or in part, or the injured person does not accept the reduction or withdrawal of the pension, the relevant disputes the provisions mentioned in the second paragraph dell'art.30. In the case in which the insurer institution requesting review, the institution itself should give notice to the accident preventi to. If after overhaul of the pension measure is changed, the change will take effect from the first installment falling due after that for the period of time in which it was requested the review. Art. 35. If the accident results in death, it is in favor of the survivors mentioned below an income to the extent of which in the following paragraph, ragguagliata to a pension corresponding to two thirds of salary: 1) fifty percent to the widow until death or remarriage; in the latter case it is paid three pension annuities.
If the survivor is the widower, the pension is payable only in the event that his attitude to work is permanently reduced to less than a third. No entitlement to a spouse if there is a legal separation final judgment and pronounced because of him or of both spouses. 2) twenty percent each legitimate or natural child until the age of fifteen, if you survive the mother, or the father is in the 1 conditions specified in the second subparagraph or otherwise is unable to provide for the support the family, and twenty-five percent if it is orphaned of both parents. If survivors are children unable to work, the pension is paid to the child incapacitated while it lasts the disability. In the case of co-existence of the persons entitled referred to No. 1 and 2, the overall payments shall not exceed ninety percent of the annuity corresponding to two-thirds of the salary. If it exceeds this limit, this individual annuities are proportionately reduced so as to not exceed the limit and the same shall be returned within that limit as an end to the income of one of the survivors. 3) in the absence of the persons entitled referred to n. 1 and 2, twenty percent in each of the ascendants if living dependents of the deceased and until their death. For the purposes of this Article, they shall be treated as the other children living descendants dependent on the deceased and who are orphans of both parents or children whose parents are unable to work, and the exhibits regularly assigned, and are equivalent to those ascending to where exposed are regularly entrusted. Immediately after the death of a worker as a result of an occupational accident the insurer pays institute as a special allowance to the surviving persons mentioned in the first paragraph of this article the sum of a thousand pounds increased by a tenth for his wife and for every child having the requirements referred to in 1 and 2 of art. same. Art. 36. In the event that the accident has caused the death, the death benefit under the preceding article must submit institute insurer papers and documents proving their right. The insurer institution, ascertained the indennizzabilità applicable to the terms of this Act, it shall determine any settlement of the annuity referred to in that art.35. Annuities to survivors from the day following the date of death. In the case of opposition to the refusal to pay the rent or if a dispute arises about the extent of it, the provisions referred to in the second paragraph dell'art.30. Art. 37. When the death occurs as a result I dell'infortu after the liquidation of the permanent disability pension the request to obtain the annuity o the extent and in the manner prescribed in the preceding article must be brought by the survivors, under penalty of forfeiture, within one month from the date of death. Art. 38. In case of death of a victim took place during the period of payment for temporary incapacity benefit or payment of permanent disability pension or while performing the administrative procedures for the settlement of the annuity, the insurer institution, if ascertained that the injured survivors were not informed delcesso, he must, just venutone aware, giving news of his death the same survivors, the effects of the possible application of the previous article. In any case, the period referred to in the said Article shall run from the date when the survivors came to know The fact that the death. Art. 39. For control of charged vivenza the insurer institution can take on the news of the case at all government offices and public Chied King for the investigation of the case the intervention of the Inspector politician. The effects dell'art.35 the dependency on someone is proven when it appears that the ascending line are in a state of need and the maintenance of them competed efficiently the deceased. For the purposes of the second subparagraph of Article 1 of the aforementioned attitude to work it is considered permanently reduced to less than a third when the widower has reached 65 years of age at the time of his wife's death from injury. Art. 40. In case of death, upon a reasoned request of the institute insurer or third owners, the Law Commissioner, where the application considers founded, it has practiced emergency autopsy of the corpse, to which the parties may also assisting in the midst of a doctor of the same has been delegated. The fee for an autopsy by the report will be paid when measuring between one hundred and four hundred pounds by the Law Commissioner who also will liquidate the trip due to the pathologist, placing around the load and the honorarium of the trip. Art. 41.
The disability pension and survivors are paid in monthly installments, quarterly or half yearly in terms of the magnitude of the stes annuities and in accordance with standards established by the Institute insurer. In case of death of the annuity holder, it is paid in full to the heirs installment in progress. Art. 42. By resolution of the Congress of State after consultation with the competent corporate bodies and the insurance institution is established for each category and sex d 'pear providers the average salary saving time to be recorded on the register books and pay and taken as a basis for the settlement of premiums and benefits. The tables of the average legal hourly wages, subject ar annual vision by 31 March, apply the April 1st of one year to 31 March the following year. For the liquidation of the permanent disability pension and survivor annuity is taken as annual salary, even for jobbers, an amount equal to three hundred times the legal daily wage, which is equal to eight times the average hourly wage of the category and sex to which the person undertaking the work, right to the table mentioned in the first paragraph of this article, in force at the time of the accident. For the apprentice takes on the reduced salary mentioned in the third paragraph of Article 7. In any case, the annual salary is computed from a mini or a thousand pounds to a maximum of six thousand lire. For of compensation for temporary disability the salary to be taken as a basis for jobbers, is that the same legal day mentioned in the third paragraph of this article. Art. 43. Even when the injured person is the apprentice are due performance under article 20 with the exception allowance for total temporary disability if the worker had not paid any wages. In the settlement of the allowances it will be required for the reduced base salary apprentice to register in the register books and pay in accordance with article 7. Art. 44. For the collection of the compensation due under this law you will follow the common rules. Art. 45. The obligations contracted shall be void for remuneration of intermediaries by means of compensation have taken interest in the liquidation and payment of benefits determined by this law. They are punished with a fine up to three hundred pounds: a) the intermediaries who have offered to insured persons and their dependents their work or other for the purposes stated in the preceding paragraph. b) those who by reason of their office, having n chick of the accidents that occurred, I have informed intermediaries to enable them to offer their work or other, as is expected in a). Art. 46. The credit of benefits determined by this Law can not be sold for any reason, nor may be foreclosed or seized except for court fees to which the insured or entitled persons have been convicted, and with whom talecr finger can be offset. Art. 47. And 'Any agreement aimed at evading the payment of allowances or scemarne to the extent provided in this Act. Transactions concerning the right to compensation or the extent of it ninth are valid without the approval of the Commissioner's Court. Art. 48. The insurer institution when it has reason to believe that the accident occurred due to willful misconduct of the injured or the consequences of it were committed intentionally aggravated, it may request the Commissioner of the Law all the necessary investigations and an expert's assessment of urgency. The costs are related to insurance institute load. The insured, who faked an injury or has fraudulently aggravated the consequences of it, it loses the right to any performance and is punished with the penalty of imprisonment from three months to two years. TITLE V. The arbitration proceedings. Art. 49. The resolution of any dispute about the nature and extent of the accident consequences, even in the review, will be referred to a board of arbitrators composed of three doctors two of which respectively appointed by the parties and the third mutual agreement between the same parties, and if different, by the Law Commissioner who shall also provide to the appointment of the party who did not comply with either the appointment itself within prefissole. The judgment of the arbitrators is final and subject only to appeal for nullity in accordance dell'art.51. The Commissioner of the liquid Law, over the transfers, the fee to each of the arbitrators in a sum not less than fifty pounds and not superior to three hundred pounds for the two arbitrators of the parties, and not less than one hundred pounds and not more than lire for cnquecento the third arbitrator, and fixed by decree
unchallengeable in what proportion the expenses and compensation should be on the institute insurer and the injured. Article 50. The decision of the arbitrators may also be delivered outside the territory where this is authorized by the Law Commissioner, and is approved by a majority of votes after personal conference of the same. It shall contain: 1 ° the applicant's name and surname, domicile, or residence of the parties; 2 ° the indication of the decree of the Law Commissioner who has in the arbitration order; 3 ° the reasons for the decision; 4 ° the device to the final judgment; 5 ° indication of the day, month, year and place of its delivery; 6th the subscription of all the arbitrators. Refusing any of them to sign up, it shall be specified by the other, and the sentence is effective as long as signed by the majority. The sentence in the original is filed within the period of five days by one of the arbitrators of the parties in the Chancellery of the Commissioner's Court or is sent within ten days from the third arbitrator by registered letter to the same Chancellery. The ruling is enforced by decree of which the Law Commissioner must pronounce it within five days of filing or from the arrival of the judgment in the Court Clerk. Art. 51. The decision of the arbitrators can be appealed to the Commissioner's Court nullity forward within fifteen rounds of notification: 1 ° if it was delivered outside the limits of the questions referred to the arbitrators, or above all the questions, or contains contradictory provisions; 2 ° if the requirements of the 3rd number, 4th, 5th and 6th of the second paragraph have been complied with Article 50. When declaration of invalidity of the judgment of the referees the Commissioner's Court ruling, on an unassailable, also on the merits of the dispute. It retains the inopposability of them arbitr judgments in the cases provided for in Articles 28, 53, 54, 56, 59 and 66. TITLE VI. Health care. Art. 52. The insurer institution is required to provide at his own expense to the insured in cases of injury under this law and except as have Articles 54 and 55, medical and surgical care as is necessary for the entire duration of temporary disability and even after the surgical healing, as are needed to recover the working capacity. Art. 53. The injured can not, without good cause, refuse to undergo the medical and surgical care, including operational actions, which the institution or insurer deems necessary. The assessment of the reasons for the refusals or circumvention of the prescribed treatment is delegated, in case of dispute, the judgment conclusive of an arbitration panel composed of a physician named by the insurer, a doctor appointed by the trade union that represents' injured and a third doctor chosen by them; if the doctors of the parties do not agree on the choice of referee, this is designated by the Law Commissioner, who will also make this appointment did not comply with the party which has such an appointment within prefissole. The trial is sponsored by the Institute or by the injured insurer within fifteen days of the declaration or the refusal by the finding, observed, as not contrary to those of the preceding paragraph, the provisions of Article 49. The unjustified refusal to lend itself to treatment or non-execution of the prescribed treatments importing the loss of entitlement to benefits. Art. 54. For the execution of the treatment covered in previous articles and also for the purpose of ascertaining the insurer institution may order the injured admitted to a clinic, hospital or other place of care shown by the establishment itself. If the siafatto shelter in civilian hospitals for inpatient spending will be applied when it is not stipulated a special convention and when the victim does not have free service, the rate that individual hospitals will do for a dependent hospital administrations public. If the shelter is made in the local Hospital of Mercy, the insurer Institute will pay for the cost of hospitalization, the minimum tariff in force. If treatment amounts an operating act, the victim may ask that this be done by a doctor of his choice, in which case, it will be responsible any difference between the actual expenditure incurred and the one that would support the insurer institution if he had proceeded directly to the cure, as well as in the case in which the injured person may believe to resort to a doctor or to a hospital other than those designated by the Institute insurer. Institute insurer even in the case provided for in the preceding subparagraph shall be granted the right to have
run checks through their own doctors trustees. If disagreement arises between the doctor and of the institution of the injured insurer on curative treatment, the decision is left to the judgment conclusive of an arbitration panel established under dell'art.53 and observe the rules set out therein. Art. 55. In case of hospitalization in a health institution, the insurer institution may reduce up to half for the temporary incapacity benefit. No reduction, however, can be ordered if the insured has a wife and children or just a wife or children only under the conditions of nell'art.35 or has in its upward load. Art. 56. Even after the establishment of the disability pension 'insurance institution may provide that the injured person to undergo a special medical and surgical care, including operational actions when they are deemed useful for the restoration of working capacity. During the period of treatment and until the injured can not wait to their work, the institute integrates the insurer's pension disability allowance until the measure for total temporary disability. In case of refusal to submit to the care of the injured in the first subparagraph it is provided pursuant dell'art.53. If the doctor arbitration panel recognizes ingiust fied the refusal, the insurer institution may order the reduction of the disability pension to an extent to be determined by the arbitration panel. They are applicable for operating the acts referred to in this Article the provisions dell'art.54. Art. 57. The insurer institution is required to provide at his own expense to the first supply of prosthetic work and the renewal of them, however, as long as it spent the time limits set by the establishment itself in order to ensure the proper maintenance of the equipment by injured. Among the prostheses are including apparatus acts to reduce the degree of incapacity and, among others, also the glasses. Art. 58. If the insurer deems the institution does not provide for services for the provision of emergency relief either through their own clinics and through ccordi with local bodies and health, the employer must provide for such benefits and bear the costs inherent to them. In such case, or if the employer See to it by its own means the rescue of urgency, its burden is taken into account in the determination to preventi of the insurance premium. The employer, however, is always held in any case provide the transport of the injured absorb the costs. Art. 59. The hospital authorities may not refuse to receive in hospitals those affected by accidents at work, subject to the payment of expenses of the institute Hospitals insurer, in the case of indemnifiable accident at the end of the applicable law and the shelter it was arranged by the institute or approved insurer. Institute insurer is given the opportunity to see doctors of their choice the injured patients in hospitals and have their transfer to another place of treatment designated by it: where will be visited by a representative of the Government. In case of dispute, on the transfer, the provisions in the last paragraph dell'art.54. The doctors of the hospitals are obliged to issue certificates specified in Article 60 with a right to the same compensation therein. The hospital authorities are obliged to give vision institute insurer and to the accident or his survivors, and possibly copy of the clinical records and necropsy related accident victims they admitted. Analog obligation rests, against the injured or the survivors, to places of care insurer institution in which both inpatient care for the injured itself. Art. 60. The doctors and surgeons can not, without good reason, refuse their work, when they are required to ascertain the consequences of accidents at work. The emoluments payable to physicians and surgeons are as follows: 1) payment of travel expenses in the first class in the railways and bus lines and the extent of a cent per kilometer on roads not served by public transport; 2) lire seven for the first medical certificate to join the complaint, if it is an accident, and lir ten if it is an occupational disease; 3) two pounds for each certificate proving the continuation absolute incapacity for work. But for the same case the expense for the certificates of this species will never, whatever the number of them, overcome the ITL Ten; 4) five pounds for the certificate constatante the final outcome of the accident or occupational disease.
The costs referred to in number 1 shall be borne by the institution or insurer of the employer, according as the health of the work has been requested by one or other. The costs referred to in 2, 3 and 4 are borne by insurance institute, which by entering into agreements with physicians and surgeons with hospital administrations in respect of care, will also make special arrangements in order to dtte expenses. Art. 61. The remuneration and expenses to health components with the arbitration egio referred to in Articles 28, 53, 54, 56, 59 and 66 are cleared by the Law Commissioner to the extent and in the manner established nell'art.49; the Law Commissioner decides on the costs. Art. 62. The competent public offices free of charge must issue certificates of existence and status of the family that are required by the Institute insurer or annuity holders for payment of annuity installment and the institute must provide the insurer news to them that they are required in order to dependency on someone whose all'art.35. TITLE VII. The investigation. Art. 63. The Inspectorate Political upon receipt of the complaint submitted to the eighth paragraph of article 11, must replace, for each reported case of an accident, as a result of which an undertaking the work has died or suffered injuries such doversene to predict death or disability superior to thirty days and it is subject to the obligation business insurance, a copy of the complaint to the Law Commissioner. In the most 'soon as possible, and in any case within four days after receiving the complaint, the Law Commissioner must conduct an investigation, with which must be satisfied: 1) the nature of the work to which he was assigned the injured; 2) the circumstances in which the injury occurred and the cause and the nature of it; 3) the identity of the injured and the place where it is located; 4) the nature of the injury; 5) the state of the injured; 6) the wages under article 7; 7) in case of death, the condition of the injured family, survivors entitled to pension and the residence of the latter. The Law Commissioner as it deems necessary or this is requested by the institution or its insurer, or by the injured survivors, must run the investigation on the site of the accident. The insurer institution, the injured person or his survivors are entitled to ask directly to the Law Commissioner that the investigation is performed for the injuries they have the consequences set out in the first part of the following Article and for which, for not being made reporting Inspectorate Political or not tate provided or indicated in reporting the aforementioned consequences or for any other reason, the investigation has not been carried out. Art. 64. The date of the investigation site must be notified at the request of the Law Commissioner, in the middle of the sliders of the Court, to the employer, to the accident or his survivors, and the institute insurer. The investigation is made contradictory concerned or their delegates and with the intervention, if necessary, to a doctor or other experts, chosen by the Law Commissioner, to ascertain the causes of the accident and the injury and the nature and the entity of the latter. If they are not present nor represented those entitled to benefits, the Law Commissioner is assisting with the investigation, in their interest, two providers of work that will designate among those experts in the performance of which took place the the the accident and preferably between operators in the same business of the injured. The Law Commissioner is also authorized to interrogate all those people who, in his opinion, can bring light on the circumstances and the causes of the accident. Art. 65. Except in the case of impediment, by constastarsi in the minutes, the investigation must be carried out in the more 'short-term and no later than the tenth day from the one in which came to the Law Commissioner of the accident report. The investigation is drawn up the minutes, in which the speakers are entitled to do insert their statements. Where provided for in the penultimate paragraph dell'art.63 the report must be drawn up on the site of the accident. The minutes shall be signed by the Law Commissioner and a copy thereof must be sent to the institute insurer and accident insurer or his survivors by the Registrar of the Court to payment of the rights of its competence. TITLE VIII. Occupational diseases. Art. 66. Benefits for occupational diseases are caused due even when the insured has left the his work in processes where it is permitted the right to benefits,
provided that the incapacity or death occurs within the time period for each disease is shown in the table attached to this law. The manifestation of the occupational disease is considered verified in the first full day of absence from work because of illness. If the disease occurs after the insured h ceased to attend to her work in the process that led to the disease, the manifestation of this is regarded as verified in the day when it is submitted to the bank insurer the complaint with the medical certificate. In the case of permanent incapacity for work as a result of occupational disease, whether the degree of disability can be reduced with the final or temporary abandonment of the kind of work as a result, and in the exercise of which the disease was contracted, and the service d 'work does not intend to cease from work, rent is commensurate to that lower degree of expected disability to which the person undertaking the work would be reduced with the permanent or temporary abandonment of the aforementioned processing. Any disputes concerning the measures taken d ll'istituto insurer in the previous paragraph apply are delegated to the judgment conclusive of an arbitration panel, established under the stable rules dell'art.53 and observed and in that article; the college will determine the extent of the reduction in benefits. The medical certificate, which is to accompany the complaint of occupational disease institute insurer, must contain, besides the indication of the domicile of the sick and the place where this has been admitted, a detailed report of symptomatology dall'ammalato same and It is detected by the certifying physician. Doctors certifiers are required to provide insurance institute all information that it considers necessary. TITLE IX. The insurer institution. Art. 67. The insurance under this Act are run by the National Fascist to the Insurer against Accidents at Work, with headquarters in Rome, which set up its own headquarters and representation in the Republic of San Marino, which nico body insurance against accidents at work in the Republic itself. The appointment of the Institute's representative must obtain the prior approval of the Government through the medium of the State Secretariat. Members of the staff of the Institute National Fascist Accident - including in the list to be notified in advance to the Government through the medium of the State Secretariat - in the exercise of their duties, are considered public officials. Art. 68. The National Fascist Accident Institute must submit for approval by the government of the coefficient tables for the calculation of current capital values ​​of disability pensions and those in favor of the survivors. Those formats are subject to review at least every five years. The rates of insurance premiums, subject to government approval, are to be determined so as to understand the financial burden expected corresponding to injuries of the insurance period. TITLE X. The protection and care of the injured. Limitation of actions. Art. 69. The protection of and assistance to injured workers and their dependents, both at the administrative stage, as in litigation, are entrusted to the trade unions they belong to the workers themselves, however, observe the general rules of legal aid lawyers and prosecutors as recourse to ordinary judicial authority. The action to achieve the specified performance in this Act shall expire within one year of the accident date. The action to collect insurance premiums and generally the amounts owed by employers institute insurer is prescribed within one year from the day of the payment request. The shares due institute insurer by virtue of this Act to the employer or to the insured persons may be exercised independently from prosecution. The limitation period referred to in the first paragraph remains suspended during the liquidation of an administrative fine, which, moreover, must be exhausted within one hundred twenty days from the receipt of the medical certificate constatante the final outcome of the injury . After that time without the liquidation occurred, the person concerned has the right of appeal to the arbitration panel referred to in Article 49. TITLE XI. Penalties and tax exemptions. Art. 70. Anyone violating the provisions of Articles 4 second paragraph, 5, 6, second paragraph, 7, 8, 9, 13 third, fourth and fifth paragraph, first and fourth paragraphs 15, 17, 19, 59 and 60 the first paragraph, They shall be punished by fine of up to two thousand lire extensible. Art. 71.
Are exempt from stamp duties, registration fees and tax judicial daogni all acts of the contentious procedure, measures of any nature rel tive to the same procedure, as well as all acts or writings or documents produced by the parties in disputes which, depending on the present law, arising from accidents or their dependents and the insurer institutions or persons bound by the obligation of the insurance. Are also exempt from any and all tax documents concerning the assurances provided in this Act, actions relating to bonus payments and annuity constitutions, not excluding the minutes, certificates, acts of notoriety and many other documents are needed depending the law itself. All documents and contracts relating to dll'Istituto National Fascist Accident Management donations and gifts arranged in its favor are exempt from stamp duty, registry and mortgage. The National Fascist Accident Institute is exempt from qu lsiasi duty or tax. TITLE XII. The jurisdiction. Art. 72. All disputes relating to this Act, ch under that law should not be referred to the arbitrators, are the responsibility by the ordinary courts. Litigation procedure can not be set up until after the exhaustion of all administrative practices required for the settlement of payments. TITLE XIII. The helplessness. Art. 73. The National Institute Fascist Accident provides under Article following material and moral support of the great work invalids, who being insured under the Law 24 of July 18, 1914 or that this suffering a disability permanent that reduces the capacity for work of at least four-fifths. Art. 74. The National Institute Fascist Accidents provides for therapeutic services, medical and surgical, orthopedic, balneo-spa and the like and vocational rehabilitation and generally perform such forms of health care, preventive maintenance, material and moral that the same institution deems necessary and that are allowed by the available fund rie. Performance can also be made mercy the temporary admission of the disabled in special hospitals and care facilities. In the granting of benefits will be taken into account, as title of preference, the degree of incapacity, the nature of the lesion and in general the physical conditions of the disabled, as well as the economic and family conditions of it. Art. 75. The insurer institute may provide that in cases of admission of helplessness Disability annuity holders apply the provisions dell'art.55. Art. 76. The appeals against the refusal of benefits to the severely disabled or the nature of the proposals and performance limits for each invalid organic competent institution insurer are to be entrusted to the decision of the Institute Presidency unchallengeable. Art. 77. The National Fascist Accident Institute provides assistance to large disabled workers with a contribution in the form of additional insurance premiums, paid in accordance with this law, the rate of 4 percent. In this contribution, the provisions laid down in this law for insurance premiums. TITLE XIV. Transitional provisions. Art. 78. This Law shall come into force on 1 April 1939. From this date for the matters covered by this Act shall cease to have effect, subject to avail it the following subparagraph, the provisions of Law 18 July 1914, and Ranked # 24 of subsequent amendments. For accidents that occurred up to March 31, 1939 will continue to observe the previous provisions except for the process in the event of disputes. Art. 79. With effect from the day of entry into force of this Act the insurance contracts in progress at that time cease to have effect and the rules they contain are replaced those of this law. However, the awards will continue to be paid according to the amount established in the contracts until the date on which the contracts would remain in v gore and for contracts longer than one year until the first anniversary date. Given at Our Residence, this day of January 24, 1939 (1638 dFR). THE CAPTAINS REGENT Carlo Balsimelli - Celio Gozi THE SECRETARY OF STATE FOR INTERNAL AFFAIRS to Giuliano Gozi - table page. 22 BU n. 2/1939 -