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Work Injuries Concepts Definitions:
The Employer:Any natural or legal person hereinto that employs one or more labourer applicable to the rules of the Social Security Law thereof.
The Insured:The labourer applicable hereby to the rules of the Social Security Law.
Work Injury:The infection of one of the occupational diseases stated in Table No. (1) supplemented to Social Security Law, or the injury resulted from an accident that took place during the performance of duty or because of it, including any accident takes place while the insured is heading for or returning from his/her work provided that the insured is going to and coming from the worksite.
The Medical Reference:The medical committee or committees assigned by the SSC Board of Directors.
The Disability Pension:The pension allocated to the insured as a result of the permanent disability whether it was natural or caused by a work injury in accordance with the rules of the Social Security Law.
The Beneficiaries:The entitled family members of the insured Stipulated in the Social Security Law.
The Wage:All the in-cash or in-kind remunerations wherein that the insured is entitled for in return for his/her work in addition to all the other entitlement of whatsoever nature if laid down in the labour code, the work contract or the internal system, or paid according to a deal except for the entitled wages for the additional work.
Occupational Disability:Any disability caused by a work injury.
Total Occupational Disability:Any occupational disability that totally and permanently prevents the insured from practising any profession or work for living.
Partial Occupational Disability:Any occupational disability that deprives the insured of a part of his/her capacities, the medical reference estimates the percentage of such a disability according to the Table No. (2) annexed to the Law.
The Daily allowance:The amount that the Corporation hereupon pays to the injured during the period of his/her inactivity resulting from the work injury.
The Treatment Authority:Physicians, hospitals, and the medical services centres appointed by the Corporation or the employer (if approved by the Corporation).
The Medical Care:The medical treatment and rehabilitation services and transportation charges from and to the worksite or the residence to the therapy point according to the rules specified by the regulations.
The Medical Treatment:The medical service involving clinical, laboratorial and radial analyses, physiotherapy and surgeries including the hospitals' stay according to the rules and principles specified by the regulations.
Work Injuries Contributions
Contribution Percentage:
The monthly work injuries contribution percentage shall be calculated to the amount of (2%) of the insured wage and to be paid by the employer, the Board of Directors is allowed to reduce the adopted contribution fees at the rate of (50%) of the actual value if the employer takes upon him/herself the medical treatment and the outlay of the daily allowances for a temporal work disability according to the rules of law provided that to submit the statements demonstrating that to the Corporation.
Trainee Labourers Less Than (16) Years Old:
The training labourer who's less than (16) years old and works according to the approval of the Ministry of Labour without any wage and without any liability on the employer to pay any contribution fees is entitled to a monthly salary equals the minimum of the pension in case of his/her death or of his/her total disability caused by a work injury, or to a one-payment compensation if his/her injury leads to a partial disability that equals
The disability percentage X the pension minimum X 36
Provisions Of Work Injury Entitlement
The work injury has the following manifestations:
- The Occupational Disease:
It's stipulated the following in order to consider the disease as an (occupational disease):
- To have a causative connection between both the disease itself and the causing factor.
- The insured must be working in a specified profession requiring the continuous contact with the causing factor.
- The percentage of disease prevalence among the career labourers must be more than its prevalence among other society groups.
- The disease description and the industrial process in which the insured involved should be stated in Table No. (1) annexed to the Law.
- The time period of exposure to the causing factor must be scientifically sufficient to cause the disease.
The disease would be considered as an occupational disease even if its manifestation takes place after two Gregorian years of the date of the service termination of the insured even if he/she worked in an industry that does not lead to any of such disease..
- Work injury (During Work Time):
It is stipulated that the injury is to occur during the time of work performance, this includes the time that the labourer spends in the worksite or when he/she is available to perform his/her duties in the worksite. It's not imposed as a condition that the causing accident occurs during the labourer performance of duty since it's enough that the causing accident occurs during the work time even if the reasons are unrelated to the work conditions, nature or tools. To consider the accident during work time as a work injury, the following conditions are stipulated:
- The existence of an external effect or power led to a damage occurrence such as machineries and work tools.
- Occurrence of physical damage to the insured that must visible and detectable by the direct medical examination.
- The existence of the element of surprise so the accident is unpredictable at the moment of its occurrence and its damage cannot be evaded.
- The symptoms are not resulting from a pathologic case.
- Accident Owing to Work:
This indicates to that the injury occurs as a consequence of the work conditions or nature (i.e. were it not for work, the injury wasn't to occur).
- Road Accident:
To consider the road accident as a work injury, it's stipulated that to take place while the insured is heading for or returning from his/her work without any lag, interruption, or changing the normal usual direction. The concepts of lag, interruption and changing direction are as follows:
- Lag: the intention of the insured not to continue heading for or returning from his/her work without any prior official assignment by the employer.
- Interruption: if the insured follows the usual route to the work or to his/her residence, then decides to stop his/her course willingly to visit a coffee shop or one of his/her relatives, or to carryout some of his/her own objects….etc
- Changing Directions: if the insured chooses a route but the usual one between the residence and the worksite without any reasonable grounds to such a changing.
- Playgrounds Injuries:
To consider the playgrounds injuries as a work injury, the following provisions are stipulated:
- The insured must be registered at one of the athletic unions in the Kingdom.
- The insured must be enrolled in the team.
- The establishment must provide the Corporation with the documents demonstrating the names and the members of the team both the administrative and the players.
- The establishment must provide the Corporation with the games and training programs that the team carries out and their place.
Required Documents & Information For Work Injuries:
The employer must provide the Corporation with the following documents signed and sealed as per rules at once:
- Notification of work injury/ occupational diseases or the application submitted by the insured or his/her relatives.
- The initial medical report within a maximum of week of the date of incident.
- The subsequent medical reports with their attachments such as x-rays, prescriptions, medical examinations, and results of laboratorial analyses.
- The final medical report indicating the result of the injury.
- The police investigations and the sketch of the traffic accidents.
- Police investigations in the following cases:
- Criminal incidents.
- Public incidents such as fire, explosions, collapses.
- Accidents that lead to the death of the insured.
- Any other cases in which the competent committees in the Corporation decides the necessity of reporting the police.
- The medical history of the injured before the occurrence of the accident (if available).
- The claims of the injured for transfer from the worksite or place of residence to the place where he/she receives his/her treatment, taking into consideration the body injured area, its intensity, the injured place of residence, worksite, and the required referrals according to the medical reports on the basis of the minimum limit of the public stated tariff according to the transportation.
- The reports of investigation and inspection.
Cases, Which Are Not Deemed As Work Injuries:
- The entitlement of the insured to an obligatory old age pension before the occurrence of the accident.
- If the insured subscription after the old age is illegal.
- The work injuries notifications and application presented to the Corporation by establishment inapplicable to the rules of social security Law.
The Employer's Obligations Before The Insured At The Injury Occurrence:
- The employer is obligated to transport the injured following to the occurrence of the injury to the medical treatment authority approved by the Corporation.
- The employer bears the wage of the day in which the injury occurred.
- To notify the police about the incident within (24) hours from the date of the its occurrence in respect of the following incidents:
- Criminal incidents.
- Traffic and road accidents.
- Public incidents such as fire, explosions, collapses.
- Accidents that lead to the death of the insured.
- Any other cases in which the competent committees in the Corporation decides the necessity of reporting the police.
- To notify the Corporation or any of its branches or offices regarding the incident within seven workdays from the date of its occurrence, and if the employer delays in notifying the Corporation within the legal time limit, the injured or his/her relatives have the right to notify the Corporation in respect of the incident.
The employer bears the full daily compensation and 15% of the medical treatment costs in case of not notifying the Corporation regarding the work injury within the seven-days specified period.
Obligations Of The Injured Or His/Her Relatives:
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The injured or his/her relatives have the right to notify the Corporation in writing with regard to the injury in case of the employer's delay in notifying within one month period from the date of the injury occurrence.
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The Corporation shall ignore all injuries that not reported according to the rules of clause (a) of this article. Work Injuries Committees:
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Work Injuries Settlement Committee in Branches: The protest against its decisions should take place within two weeks of the date of decision notification wherein such a protest will be referred to the Rights Settlement Committee.
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Rights Settlement Committee: The protest against its decisions should take place within thirty days of the date of decision notification wherein such a protest will be referred to the Security Issues Committee.
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Social Settlement Committee: The protest against its decisions should take place judicially before the Supreme Court within sixty days of the date of decision notification.
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The Medical Committee of the Corporation: The protest against its decisions should take place within fourteen days of the date of decision notification where such a protest is to be referred to the Appeal Committee provided that to enclose all the required documents, and no other documents would be approved after the end of protest period.
- The Medical Appeal Committee:
The decisions taken by this committee are final and irrevocable before any other medical reference, but are judicially appealable before the Supreme Court within sixty days starting from the date of decision notification.
The Corporstion's Obligations Before The Insured Exposed To A Work Injury:
The Corporation is obligated with the following before the insured that gets exposed to a work injury:
A. Medical Care for the Injured:
The Corporation is obliged with the following towards the insured that gets exposed to work injury:
Prescription:
The following rights lapse prescriptively:
- The right of the insured or the beneficiaries to claim for the earned amounts according to the rules of the Law shall lapse prescriptively after five years of the date on which considered due, which is the date of notifying the decision in writing.
- The right of the employer in claiming for refunding the paid amounts which are more than the observed in law after five years of the date of paying such amounts. nevertheless the earned amounts for the Corporation do not lapse prescriptively but after fifteen years of the payable date.
Re-Examination Of The Injured With A Disability Percentage Of (30%) And More:
- Both the Corporation and the injured shall have the right to request for a medical re-examination every six months during the coming two years of the date of establishing the injured disability who is being paid a disability pension, and if it's proven by the testimony of the medical reference that the disability percentage after the re-examination became less than (30%), the disability pension will be ceased and the injured will be paid the assigned compensation.
- If the injured carries out the medical re-examination within the six months following to its date and if the delay was for a justifiable reason, then all his/her rights are to be settled according to the examination result starting from the date of assigning the first medical examination.
- If the injured carries out the medical re-examination within the six months following to its date without having any justifiable reason for the delay, then his/her right are to be settled according to the examination result starting from the date of the re-examination.
- If the injured drops the medical re-examination for six months from the assigned date, he/she will conclusively lapse his/her right in the disability pension.
Termination Of Disability Pension: The disability pension will be terminated in the following cases:
- If the injured fails to attend the medical re-examination without any justifiable reason accepted by the Corporation.
- If the injured fails to submit the pension entitlement form (Life Verification).
- If the disability pensioner passes away (the pension will be distributed on beneficiaries according to Table No. 4 annexed to the Law).
Recurrence Of The Injury:
- If the injury recurs and the total disability percentage resulting from the current injury and the previous injuries is less than (30%), the injured will be paid a compensation for the disability resulting from the last injury only and will be calculated on the basis of the wage average for the last year.
- If the total disability percentage resulting from the current injury and the previous injuries is more than (30%), the disability pension will be calculated as follows:
- If the injured gained any compensation for his/her previous injuries then the disability pension will be assessed depending on the disability percentage resulting from all injuries from the last year wage average at the time of the occurrence of the last injury.
- If the injured is getting paid a disability pension, the new disability pension will be assessed on the basis of his/her all injuries from the last year wage average provided that the new disability pension is not less than his/her wage before the occurrence of the last injury.
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