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Work Injuries Diseases Insurance
 

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):
    1. To have a causative connection between both the disease itself and the causing factor.
    2. The insured must be working in a specified profession requiring the continuous contact with the causing factor.
    3. The percentage of disease prevalence among the career labourers must be more than its prevalence among other society groups.
    4. The disease description and the industrial process in which the insured involved should be stated in Table No. (1) annexed to the Law.
    5. 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:
    1. The existence of an external effect or power led to a damage occurrence such as machineries and work tools.
    2. Occurrence of physical damage to the insured that must visible and detectable by the direct medical examination.
    3. The existence of the element of surprise so the accident is unpredictable at the moment of its occurrence and its damage cannot be evaded.
    4. 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:
    1. The insured must be registered at one of the athletic unions in the Kingdom.
    2. The insured must be enrolled in the team.
    3. The establishment must provide the Corporation with the documents demonstrating the names and the members of the team both the administrative and the players.
    4. 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:

  1. Notification of work injury/ occupational diseases or the application submitted by the insured or his/her relatives.
  2. The initial medical report within a maximum of week of the date of incident.
  3. The subsequent medical reports with their attachments such as x-rays, prescriptions, medical examinations, and results of laboratorial analyses.
  4. The final medical report indicating the result of the injury.
  5. The police investigations and the sketch of the traffic accidents.
  6. 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.
  7. The medical history of the injured before the occurrence of the accident (if available).
  8. 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.
  9. 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:
    1. Criminal incidents.
    2. Traffic and road accidents.
    3. Public incidents such as fire, explosions, collapses.
    4. Accidents that lead to the death of the insured.
    5. 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:

  • 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.
  • The Corporation shall ignore all injuries that not reported according to the rules of clause (a) of this article.
Work Injuries Committees:
  • 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.
  • 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.
  • 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.
  • 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:

  • Hospitalization:
    1. The Corporation undertakes the treatment of the injured till his/her recovery and the injured should be notified with his/her completion of treatment and recommencement of work, in case that the disability of the injured is proven the Corporation shall have to notify him/her with the disability and percentage of such a disability provided that his/her recovery or disability must be proved by a decision of the medical authority.
    2. The hospitalization shall take place according to the following categories and classes:
      • If the insured deductible salary is more than 800 JD the hospitalization should be in the private class.
      • If the insured deductible salary ranges between 500 – 800 JD the hospitalization should be in the first class.
      • If the insured deductible salary ranges between 200 – 499 JD the hospitalization should be in the second class.
      • If the insured deductible salary is less than 200 JD the hospitalization should be in the third class.
    3. The Corporation takes no responsibility of any additional expenses due to the class change in the hospital or the change of the hospital but for reasons acceptable by the Corporation.
    4. If the hospital's classification entails only two classes, the insured is entitled to utilize the second class instead of the third.
    5. The Corporation will not bear the expenses of the escort unless the medical reference establishes the necessity for such an escort according to the medical condition of the injured.
    6. Upon paying up the treatment's costs, the Corporation undertakes to pay the minimum of the medical fees lists approved by the Corporation or the fees lists agreed with the treatment authority (except for the emergencies and the cases where the treatment is not available at the appointed authorities, and the adopted prices of the prices lists approved by the official authorities are to be observed).
    7. The above-stated prices tariff is applicable to all companies and establishments covered by the rules of the Law which pay the contributions of the work injuries full without any discounts, but for the those companies and establishments which were granted a work injuries contributions' discount are to continue the treatment of their insured employees and the outlay of the daily compensations till the stabilization of injured condition whether by recovery, affirmation of disability or death.
  • The Exception for the Medical Treatment are:
    1. Gold, platinum, porcelain, precious metals, and teeth culture in respect of dental therapy.
    2. Any cosmetic procedures not approved by the medical reference.
    3. Any treatment that is not related to the work injury.
  • The Rehabilitation Services:
    Cases that require rehabilitation services including the artificial extremities will be referred to the public centres and any other rehabilitation centres where the medical reference decides their type and level inside the Kingdom.
  • Treatment Abroad:
    1. It's permissible to treat any injured abroad if the technical abilities and the prerequisites inside the Kingdom are unavailable according to the prior approval of the Director General upon the submission made by the medical reference.
    2. The Corporation shall pay the treatment costs in the hospital according to the class approved by the Corporation except for the surgeries where their costs are to be paid in full.
    3. The Corporation shall pay an amount of fifty JD for each day that the injured spends outside the hospital upon a recommendation made by the physician-in-charge for the purposes of observation, referrals, or tests that do not require staying in the hospital provided that such a period does not exceed 30 days, and if this period exceeds the time limit the Corporation is obliged to pay twenty-five JD per day provided that not to exceed another thirty days in addition to the treatment cost outside the hospital.
    4. If the period stated in Clause (c) of this article exceeds the limit, the Corporation undertakes to pay an amount of twenty-five JD for each day that the injured spends outside the hospital by a decision taken by the medical reference upon the submission made by the physician-in-charge.
    5. The insured will be issued a round-trip ticket in the economic class unless his/her health condition requires the contrast according to a decision issued by the medical reference.
    6. An advance payment is to be outlaid to the injured at the time of treatment approval by the consent of the Director General upon the submission made by the director of health affairs and occupational safety department.
    7. Medical treatment abroad will take place in coordination with the Jordanian embassy or consulate in the country of treatment.
    8. In addition to all stated in this article, the entitled daily compensations are to be paid to the injured.
  • Daily Compensations and Sick Leave:
    1. If the treatment length exceeds two months, the employer or the injured shall have the right to request a financial advance from the Corporation on the account of the injury's expenses and the advance is to be granted by the decision of the competent committee (Work Injuries Settlement Committee in Branches, Rights Settlement Committee).
    2. For the purposes of determining the entitled daily compensations for the injured the Corporation depends on the medical reports and sick leave forms issued by the treatment authority if their period does not exceed two months, and in case of any increase on their period the injured will be referred to the medical reference to establish the stability of his/her condition, recovery, ability to recommence the work, or his/her disability.
    3. The injured is entitled to the daily compensation throughout the time of his/her disability of carrying out his/her work which is established in the adopted medical reports till proving his/her disability or death.
    4. The termination of the injured service does not hamper him/her from obtaining the right in the daily compensation and the employer who was granted a discount according to the rules of the law holds responsible to pay the daily compensation to the injured.
    5. The Corporation has the right to adopt the decision of the physician-in-charge that entails the completion of the treatment and the return to the work as if it was issued by the medical reference, and in case of its non-adoption the injured will be referred to the medical reference to take a decision where the injured is to be notified.
  • Disability Pension, Death Due to Work Injury and Compensations:
    1. The disability resulting from an injury will be calculated as follows:

      • If the injury leads to a total disability (100%), the insured will be entitled to a monthly disability pension equals (75%) of his/her wage which is considered as a basis for paying his/her contributions according to the following:
        The salary that is considered as a basis for paying the contributions at the injury occurrence X 75%.
      • If the injury leads to a permanent partial disability at the percentage of (30%) or more, the injured is entitled to a monthly disability pension calculated on the basis of the percentage of that disability to the total disability pension as follows:
        The salary that is considered as a basis for paying the contributions at the injury occurrence X the percentage of the disability resulting from the injury X 75%.
      • If the injury leads to a permanent partial disability less than (30%), the injured is entitled to a cash compensation equals the percentage of that disability to the value of the total disability for (36) months and to be paid once as follows:
        The salary that is considered as a basis for paying the contributions at the injury occurrence X the percentage of the disability resulting from the injury X 75% X 36 months.
      • The injury disability pension will be considered due starting from the date of establishing the disability which is determined by the medical reference.
      • If the work injury leads to the death of the insured, his/her survivors are entitled to a monthly pension at the rate of (60%) of the monthly wage which was considered as a basis for paying the contributions at the time of the injury occurrence and an amount of (500) JD will be outlaid to the survivors for the funeral services only once.
      • In case of the occupational disease, the medical reference is to specify the date of the insured infection and the date of his/her disability which makes the date of starting the outlay of the disability pension.
      • In all cases, the disability pension will not be outlaid for the period within which the injured is entitled to daily compensations.
  • The Minimum Limit of the Work Disability Pension:
    The minimum is (50) fifty JD.
  • Increase on the Work Disability Pension:
    The pension increases at the rate of (10%) at a minimum of (30) JD and a maximum of (50) JD. If the permanent partial disability percentage increase following to the medical examination of the disability pensioner, the pension increases accordingly.
  • Substantiation of Work Disability Pension:
    The insured is finally entitled to a work disability pension after two years of the date of establishing the disability.
  • Combining the wage and the Work Disability Pension:
    The insured who suffered from a work injury and was entitled to a disability pension shall have the right to carry out his/her work and to get paid for it in addition to the disability pension.
  • Support:
    The total work disability pension increases at the rate of (25%) if the injured is in need for a permanent support of other to carry out his/her daily duties upon the decision made by the Medical Committee of the Corporation.
  • Lapse Of Injured Right In In-Cash Compensation And Daily Compensations:
    The right of the insured in a daily compensation or in-cash compensation shall lapse in any of the following cases if the injury led to a disability less than (30%):

    1. If the injury emerges from a premeditated action, intensive fault or neglect by the injured.
    2. If the injury results from the effect of alcohol, narcotics or mentally effecting materials
    3. If the injured violates the announced and obligatory regulations pertaining to treatment, precautions, or industrial security and such a violation has an effect in injury occurrence.
    4. The above-stated cases are to be established by an investigation conducted by the inspection teams in the Corporation and such cases are inoperative if the injury leads to the death, permanent partial disability not less than (30%), or total disability.

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:
    1. 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.
    2. 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.