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Order 2009-971-Tin, Of April 16, By Which Establishes The Compensation Of Transport Costs In Cases Of Health Care Resulting From Occupational Hazards And Hearings To Carry Out Tests Or Medical Assessments.

Original Language Title: Orden TIN/971/2009, de 16 de abril, por la que se establece la compensación de gastos de transporte en los casos de asistencia sanitaria derivada de riesgos profesionales y de comparecencias para la realización de exámenes o valoraciones médicas.

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TEXT

The protective action of Social Security is manifested with a special intensity in situations arising from accidents at work and occupational disease. Thus, with regard to the provision of health care, in the, still today in force, Article 11 of Decree 2766/1967 of 16 November, for the provision of rules on the provision of health care and the management of services In the case of medical care in the General System of Social Security, it is determined that health care in the cases of the aforementioned occupational risks will be given to the worker in the most complete way. This comprehensive protection, as specified in Article 12 of the decree, must be dispensed from the moment the accident occurs or the disease is diagnosed and for as long as the pathological condition requires.

However, this forecast, in practice, has been raised with doubts as to the origin of the workers ' satisfaction, both by the managing entities and by the collaborating entities that cover the risks of accidents at work and occupational diseases, the corresponding compensation for transport costs satisfied by reason of their movements in ordinary means of transport to receive health care, specifically when This means is the taxi, as there is no provision for it in the current legal order. The use of these means, in the case of suspected occupational risks, is the subject of the regulation contained in this standard.

This order is intended to put an end to this lack of regulatory provision, considering that the travel expenses incurred by the beneficiaries of health care arising from occupational risks will be compensation for the management or mutual institution of occupational accidents and occupational diseases of the Social Security which in each case covers such risks, as an integral part of the provision of health care, and established in the aforementioned article of Decree 2766/1967 of 16 November.

In addition, the right of workers to be compensated for transport costs that may arise as a result of the hearings required by the employees is more fully recognised than the currently applicable. (a) the management of occupational accidents and occupational diseases for the purposes of medical examinations or assessments, in the case of professional and common contingencies, in order to ensure that the safety and health of workers are dispelling the doubts that have been raised in this regard.

Trade union organizations and the most representative business associations have been consulted in this order.

This order is made in accordance with the enablement granted by article 5.1 of the recast text of the General Law of Social Security, approved by the Royal Legislative Decree 1/1994 of 20 June.

By virtue of the above, on the proposal of the Secretary of State for Social Security, I have:

Article 1. Compensation for transport costs in the event of health care arising from occupational risks.

The beneficiaries of health care resulting from an accident at work or occupational disease, as referred to in Article 11 of Decree 2766/1967 of 16 November, shall be entitled to be compensated by the managing body. or mutual occupational accidents and occupational diseases of the Social Security which covers such contingencies of the cost of the transfers necessary to receive health care in ordinary means of transport, including the taxi when their Use is prescribed by the corresponding optional for medical reasons or authorised by the relevant managing body or contributor where it is motivated by the absence of any other means of transport, in the terms and conditions and with the scope to be laid down in the instructions to that end dictated.

The provisions of the preceding paragraph shall not affect those situations where the beneficiaries are to be transferred to a means of health transport, in accordance with the applicable legislation.

Article 2. Compensation of expenses caused by appearances requested by the managing or mutual entities of accidents at work and occupational diseases.

In cases of appearances required by the managing or mutual entities of accidents at work and occupational diseases for the conduct of medical examinations or assessments, in the processes derived from contingencies both common and professional, the transport costs incurred will be the subject of the corresponding compensation.

Final disposition first. Application and development powers.

The Secretary of State for Social Security is empowered to issue the necessary instructions for the execution and development of the provisions in this order.

Final disposition second. Entry into force.

This order shall enter into force on the day following that of its publication in the "Official State Gazette".

Madrid, April 16, 2009. -Minister of Labor and Immigration, Celestino Corbacho Chaves.