Protección Social

Estableciendo pisos de protección social
y sistemas integrales de seguridad social

Employment injury benefit

Employment injury benefit - Evaluation 10 questions

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1 According to C102, what benefits should be provided following an employment injury?

 
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Under C102, in case of incapacity to work due to an accident or a prescribed disease resulting from employment, the national legislation should provide for the following benefits: - Medical care in case of medical condition - Periodical payments in case of temporary incapacity for work involving suspension of earnings - Periodical payments in case of total loss of earning capacity likely to be permanent or corresponding loss of faculty - Periodical payments in case of partial loss in excess of a prescribed degree likely to be permanent - Periodical payments in case of loss of support suffered by the family as the result of the death of the breadwinner.

2 Under C102, all economically active persons, including their dependent spouse and children, should be covered against employment injuries.

 
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The minimum international standard envisages the protection of employees in dependent employment relationships with an employer and as such requires that at least 50% of all employees, including their dependent spouse and children, should be covered in case they are victim of an employment injury. In national practices, the schemes protecting employees have often been adapted to also protect self-employed persons against employment injuries.

3 Under C102 and the employment injury benefit branch, what are the principle objectives of medical care?

 
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Under C102 and the employment injury benefit branch, medical care is provided with the objective of maintaining, restoring, and improving the health of persons protected and their ability to work and to attend their personal needs.

4 According to the international minimum standard, what types of medical care should be provided, if necessary, following an employment injury? Choose all answers that apply

 
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C102 requires that, at a minimum, the following types of medical care be provided following an employment injury: general practitioner and specialist in-patient care and out-patient care, including domiciliary visiting; dental care; nursing care at home, in hospital or other medical institutions; maintenance in hospitals, convalescent homes, sanatoria or other medical institutions; dental, pharmaceutical and other medical or surgical supplies; prosthetic appliances, kept in repair; eyeglasses; the care furnished by members of such other professions as may at any time be recognised as allied to the medical profession, under the supervision of a medical or dental practitioner.

5 The international minimum social security standard provides that if the employment injury leads to permanent total invalidity, the protected person should be entitled to a benefit equal to at least 50% of their previous earnings.

 
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Under C102, in case of permanent total invalidity, the benefit should represent at least 50% of former insured earning.

6 Sasha worked in a chemical factory for 10 years before taking up a position at the national post agency. After a prolonged cough, the doctors have informed him that exposure to a certain chemical in his previous job has resulted in cancer. Will Sasha be entitled to employment injury benefits?

 
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Even if a disease occurs after a number of years, if it results from employment it will be considered employment injury.

7 Frank is a young fireman aged 29. He started working for the local fire brigade three weeks ago. Last week, while battling wild forest fires, he passed away. Pursuant to C102, are his spouse and two children entitled to a survivors' pension due to his death in service?

 
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Pursuant to C102, in case of the death of the breadwinner, the dependent spouse with two dependent children should be entitled to at least 40% of the previous earnings of the deceased person regardless of his duration of service.

8 Should the amount of employment injury benefits provided in case of permanent total or partial invalidity be periodically adjusted?

 
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Convention No. 102 requires that employment injury pensions be reviewed and adjusted considering substantial changes in the general level of earnings where these resulted from substantial changes in the cost of living.

9 Mira is a pilot. A month ago, as she was getting into the plane, something fell on her foot, leading to the amputating of her little toe. She is now fully recovered and fully functional to work. According to the national legal framework, she is entitled to receive a lump sum compensating for her slight loss of working capacity. Is this in line with C102?

 
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The international minimum standard for social security allows for the periodical payment to be commuted to a lump sum where the degree of incapacity is slight or where the competent authority is satisfied that the lump sum will be properly utilised.

10 There is no qualifying period for the provision of medical care for protected employed persons.

 
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Employment injury benefits should be awarded even if the accident or disease occurs the first day of employment. In other words, access to employment injury benefits cannot be made subject to meeting a qualifying period.