Employment Injuries and Occupational Diseases: Benefits (Permanent Incapacity) a), 2005

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1 Austria Belgium 20% (50% for pupils and students). Accident insurance fund. Review at any time possible in the first two years; thereafter at intervals of at least 1 year. No minimum level. Employment injuries: Agreement between insuring body concerned and person involved. Must be confirmed by the Fund for Employment Injuries. Occupational diseases: Administrative notification by Fund for Employment Injuries. Review possible: Employment injuries: During 3 years from the date of the agreement between the parties or the final decision. Occupational diseases: At any time at the victim's request. Annual wages or salaries of the year prior to the accident or the cessation of work because of an occupational disease. Maximum amount: 50,820 = 12 x 3, ,260 for special payments. Special arrangements for persons under the age of 30 (theoretical earnings after completion of education or training) and for persons engaged in a business or trade (including self-employed craftsmen) and for pupils and students (fixed amounts). Total earnings (possibly reconstituted) of year prior to accident or cessation of work because of occupational disease. Maximum ceiling: 32, per year. For minors: Earnings of adults. Formula: E x 66 2/3% x t. If "t" is at least 50%: supplement of 20% of the pension, if "t" is at least 70%: supplement of 50% of the pension. Examples: "t" 100%: 80.0% of E "t" 80%: 80.0% of E "t" 70%: 70.0% of E "t" 50%: 40.0% of E "t" 25%: 16.7% of E. The pension is granted 14 times a year. In general: E x t. Except, since April 1st For permanent incapacity below 10%: reduced by half between 0% and 5%, and by one quarter between 5% and 10%. Examples: "t" =100%: 100% "t" = 50%: 50% "t" = 20%: 20% "t" = 8%: 6% "t" = 4%: 2%. Entitlement to long-term care benefit in addition to the pension in case of a permanent need of care and help on the grounds of a physical, mental or emotional disability. In the case of employment injuries and occupational diseases, a supplementary allowance of max. 12 times the average monthly guaranteed income, according to the degree of need, indexlinked from the beginning of the period of compensation and terminated as of the 91st day of hospitalisation. Lump-sum settlement is possible at the request of the insured person (application) if "t" is not more than 25%. If "t" is more than 25% a lump-sum settlement is possible under certain conditions (e.g. hearing of the competent social assistance fund). Employment injuries: possible, at the request of the victim, up to one third of the capital representing the annuities, if at least 16% incapacity. Occupational diseases: No redemption possible. Page 1 of 11

2 Full Invalidity: 66% reduction. Partial Invalidity: 33% reduction. A special doctor from the Czech Social Security Administration (social insurance company) decides the individual patient's level of incapacity. No possibility of review. Czech Republic The benefits are based upon previous earnings. Average gross earnings over the last three months before incapacity. Compensation guaranteeing that income after injury or illness is equal to the individual's average earnings before the damage occurred, taking into account any invalidity benefit paid as a result of the injury or illness. The employer pays this compensation every month until the end of the calendar month in which the recipient reaches 65 years of age. No supplements. No redemption. Denmark 15%. National Board of Industrial Injuries. Review possible at any time during the 5 years after the annuity is fixed if significant changes in circumstances. The National Board of Industrial Injuries can however, before this period has passed, extend the 5 years limit if there are special circumstances. Total earnings in year before injury. Maximum: DKK 387,000 ( 52,036); Minimum: DKK 145,000 ( 19,497). Total incapacity: Compensation for the loss of capacity: pension equal to 80% of annual earnings of recipient up to an amount of DKK 387,000 ( 52,036) per year: 80% = DKK 306,060 ( 41,629). The ceiling is readjusted once a year according the general evolution of salaries. Partial incapacity: pension proportional to the degree of invalidity. No supplements. If the level of invalidity is fixed conclusively at below 50%, the pension will be compulsorily redeemed by the payment of a lump sum. If the level of incapacity is fixed at over 50%, 50% of the pension can be redeemed on request. For pensioners who had achieved the age of 60 before 1st of July 1999, the pension is redeemed at the age of 67 by the payment of a lump sum equal to 2 years pension. For those who reached the age of 60 on 1st of July 1999 or later, the pension is redeemed at the age of 65 by the payment of a lump sum equal to 4 years pension. Page 2 of 11

3 Denmark (cont.) Finland France The person's working capacity has to be reduced at least by 10% and the reduction in the amount of annual wages has to be at least 5%. The competent institution. Review always possible. No minimum level. The social security fund, on the advise of the consultant doctor. Review possible at any time during the first 2 years after the degree of incapacity is fixed. Thereafter normally at intervals of at least one year. Total earnings the insured probably would have earned in one year without the employment injury or occupational disease (E). (E) is at least 9,470 per year. Actual earnings in the 12 months prior to cessation of work. Minimum: 15, per year. Maximum: 31, per year. Re-evaluated every year by decree. Only one third of the actual earnings in between 31, and 127, is counted. If the level of incapacity is less than 10%, no minimum earnings. Total incapacity: the pension equal to 85% x E after the age of 65: 70% x E. Partial incapacity: proportional reduced amount of the full pension. Formula: E x t reduced. Reduced level = incapacity level reduced by half for the portion under 50% and increased by half for the portion over 50%. If "t" = higher than 10%: Incapacity pension in % level t of E 100%: 100.0%. 75%: 62.5%. 50%: 25.0%. 25%: 12.5%. If "t" = lower than or equal to 10%: Compensation in the form of a capital payment flat-rate amount. In case of need for another person's care a helplessness supplement amounting to maximum per day can be paid. 40% of the annuity with a minimum of 11, Supplement is discontinued from the last day of the first month following hospitalisation. If the pension has been granted before 1st July 1999, 4 years pension regardless of the age of the victim. If the pension is not more than 20% of the full pension, the pension can be converted into a lump sum upon the request of the insured person. Capital compensation if "t" is less than or equal to 10% and if the annuity is less than 1/80th of minimum earnings. Optional partial redemption under certain conditions - not before 5 years after ascertaining of permanent condition. Page 3 of 11

4 Germany 20% after the 26th week following the employment injury. Ascertained in each case by medical examination. During first 3 years after injury, review is possible at any time; after permanent annuity is fixed, at intervals of at least 1 year. The increase or decrease of the degree of incapacity must be more than 5%. Greece 50%. The competent institution after an opinion from the medical committee. On request by the person concerned every 6 months. Actual earnings in the 12 months prior to the contingency. In any case 60% (persons aged over 18) or 40% (up to 18) of the referenceamount for 2005: Old Länder: 28,980 New Länder: 24,360. Maximum annual earnings limits: between 62,400 and 84,000 according to the employers' insurance association. For children, a fictitious amount of earnings dependent on age is fixed. Persons insured before : Wage assumed for each of 28 insurance categories, corresponding to average gross earnings in the 5 years before retirement. Persons insured since : The wages of the last 5 years are taken into account for calculating the pension. Formula: E x t x 66 2/3%. E = Annual gross income in the year prior to the insured event "t" = Degree of incapacity Examples: "t" = 100% 66.7% of E "t" = 75% 50.0% of E "t" = 50% 33.3% of E "t" = 25% 16.7% of E Persons insured before : 60% of 25 times the assumed wage of the insurance category of the person concerned. Persons injured since : The minimum pension equals 70% of the minimum wage of a married worker fixed by the General National Collective Agreement in From , the minimum pension will be adapted according the general increase of pensions following the Government's income policy. Vary according to individual case from 286 to 1,143 (West) and from 246 to 983 (East) per month. Persons insured before : In case of total invalidity, the invalidity pension is increased by 50% for care provided by a third person. The supplement cannot exceed 490 per month. Persons insured since : In case of total invalidity the pension supplement for care provided by a third person corresponds to ¼ of the monthly average of the GNP per capita for 1991 adjusted accordingly each time the civil servants' pensions are increased. Long-term redemption is possible at the request of the insured person if "t" is less than 40%. If "t" equal or higher than 40% redemption is possible (for ten years). No redemption. Page 4 of 11

5 Hungary Work Accident Annuity: 16% reduced capacity for work. Work Accident-related Disability Pension: 67% reduced capacity for work (50% if caused by silicosis or asbestosis). The National and the County (Capital) Medical Expert Committees of the Health Insurance Fund. Compulsory review after 2 years. The gross monthly average earning upon which contributions were paid over the previous calendar year before the work accident. Work Accident Annuity : Level of benefit expressed as a percentage of monthly average earnings and determined by degree of invalidity: Level 1: 16-25% reduced capacity: 8% Level 2: 26-35% reduced capacity: 10% Level 3: 36-49% reduced capacity 15% Level 4: 50-66% reduced capacity: 30% Work Accident-related Disability Pension: Paid according to the same three classes used in the determination of Invalidity Pension: Class I: 70% of the monthly average earning, minimum: HUF 29,650 ( 121) per month, Class II: 65% of the monthly average earning, minimum: HUF 26,050 ( 106) per month, Class III: 60% of the monthly average earning, minimum: HUF 24,800 ( 101) per month. For each completed year of employment, the amount of the pension is increased by 1% of the monthly average earnings (up to monthly average earnings as maximum). Nursing Fee. Paid to people who provide permanent care to a disabled relative. The amount of benefit is determined by independent local governments and may be no less than 80% of the minimum Old-age Pension = HUF 19,760 ( 80). No redemption. Page 5 of 11

6 Ireland 1%. Disablement is assessed by the Department of Social and Family Affairs following medical examination. At end of any provisional assessment period, or earlier if circumstances alter. Italy 11% for injuries occurred before 25 July From 25 July 2000: new compensation scheme for physical damage. <6%: no compensation. 6%-15%: payment of a capital as compensation for physical damage; no compensation for material damage. 16%-100%: payment of a pension as compensation for physical damage; compensation for material damage. No minimum for silicosis or asbestosis combined with tuberculosis. Fixed for injuries on the basis of a table for assessing permanent incapacity. For occupational diseases on the basis of opinion of the consultant doctor. Not applicable; benefits are not based on earnings. Average earnings in the year prior to cessation of work depending on sector: Industry: Minimum: 12, Maximum: 22, Agriculture: Daily amount of for 300 days. Reduction of basic earnings according to a table of basic percentages corresponding to incapacity levels: "t" between 11 and 64%: 50-98% of earnings. "t" between 65 and 100%: 100% of earnings. The rate of Disablement Benefit depends on the degree of disablement (physical or mental): Disablement degree of 1% to 19%: gratuity paid (see ""). Disablement degree of 20% to 100%: weekly pension paid. The level of pension depends on the degree of disablement. Example: per week when "t" = 90% to 100%. Formula: E reduced x t. Examples: "t" = 100%: 100.0% of E. "t" = 75%: 75.0% of E. "t" = 50%: 50.0% of E. "t" = 25%: 13.2% of E. A Constant Attendance Allowance of per week is payable to a beneficiary receiving 100% disablement pension who requires regular attendance. In case of permanent total invalidity: Personal assistance allowance of per month. If the level of disablement is under 20%, payment is normally a lump sum gratuity (maximum 12,590) calculated according to the level of disablement and to its probable duration. Special provisions permit redemption of certain annuities. Compulsory redemption if 10 years after settlement of the annuity "t" is between 11% and 15%. Page 6 of 11

7 Italy (cont.) Luxembourg Poland Review possible during the 4 years after the annuity is fixed at intervals of at least one year; thereafter at intervals of at least 3 years. No further review after 10 years. No minimum level. Assessment by the joint committee for annuities based on the medical service of the social security organisation. Review possible only during the 3 years following the fixing of the annuity unless deterioration of more than 10%. No special scheme. The level of incapacity is determined by a medical expert from the Social Insurance Institute. exists in case of any major change in the recipient's state of health but there is no statutory defined periodical review. Actual earnings in the year prior to cessation of work or, if more favourable, the customary daily earnings in the last post multiplied by the average number of days of work completed in the enterprise. For insured persons receiving monthly salaries: 12 times the monthly salary at the time of injury. Legal minimum wage in application: social minimum wage valid at the time of the accident. Maximum: 7, Reference wage is either: the average wage over 10 consecutive years selected from among the last twenty years, or the best 20 years of any insurance period. Ceiling: 250% of the national average wage. Formula: E x t x 85,6%. Examples: "t" = 100%: 85.6% of E. "t" = 75%: 64.2% of E. "t" = 50%: 42.8% of E. "t" = 25%: 21.4% of E. The same formula as for disability pension, although the amount of the pension must be no lower than: 80% of the basis for calculation in cases of total incapacity; 60% of the basis for calculation in cases of partial incapacity. The pension must be no less than 120% of the minimum disability pension. No supplements for care by. Medical Care Supplement: Granted to persons entitled to an old-age, invalidity or survivors' pension who are totally incapable of work and require the assistance of, or have reached the age of 75. Amount: PLN ( 35) per month (adjusted in the same way as the pensions). if "t" is less than 40% under special conditions. Compulsory redemption if "t" is less than 10%. No redemption. Page 7 of 11

8 Portugal Slovak Republic Indicated in scale of incapacity. Employment injuries: Labour Tribunal. Occupational diseases: National centre for protection against occupational risks or, if the claimant does not agree with its decision, Labour Tribunal. Review possible either on initiative of responsible institutions or at request of beneficiary. Injury Annuity Benefit: 40%. One-off Benefit: 10%. The permanent incapacity for work is diagnosed by a medical examiner of the Social Insurance Agency in collaboration with the general practitioner in attendance and after hearing the doctor of the health insurance agency. Employment Injuries: Annual wage (12 x monthly wage + holiday and Christmas bonus + other regular payment). Occupational diseases average monthly wage resulting from the division of the annual wage (1/12 of total monthly wages + holiday and Christmas bonus + other regular payment). Average daily gross earnings in the calendar year before the injury occurred. Employment injuries and occupational diseases: Total incapacity for any work: pension of 80% of reference, plus 10% for each member of the dependent family, with the ceiling of the wage reference. Total incapacity for regular work: pension in between 50% and 70% of reference, depending on residual functional capacity to pursue another suitable occupation. Partial incapacity equal or superior to 30%: pension corresponding to 70% of the reduction of general capacity of earnings. Partial incapacity, less than 30%: commutation of a pension up to 70% of the reduction of the general capacity of earnings. Injury Annuity Benefit (IAB) as a monthly benefit. Formula: IAB = x 0.8 x DAB x II/100 DAB = Daily assessment base as a proportion of earnings and the number of calendar days in the year before the injury occurred, II = decrease of the capacity for work in per cent. Amount equal to earnings paid to a third person, with a ceiling corresponding to the minimum wage paid to household workers. Effective compensation of nursing costs. Special conditions permitting commutation of certain pensions at request of beneficiary or responsible institution. Commutation compulsory when permanent invalidity is 30% or less and amount does not exceed six times the national minimum wage. One-off Benefit (ORB) for those whose incapacity for work is between 10% and 40%. Formula: ORB = 365 x DAB x II/100. Page 8 of 11

9 Slovak Republic (cont.) Regular review of the capacity for work is performed in terms assigned by the doctor. In case of temporal incapacity once a 4 weeks, in case of permanent invalidity only if the change of the capacity for work can be assumed. Spain 33%. Disability evaluation team. Review possible at any time up to minimum retirement age. Sweden 1/15. The social insurance office. Review possible at any time up to retirement age. The reference figure is obtained from real earnings: earnings for normal working day at time of accident multiplied by 365, plus annual total for bonuses, special payments and other reckonable elements of remuneration. The result is divided by 12, as pensions are paid on a monthly basis. Income qualifying for sickness cash benefit at the time when annuity is to be paid out or the income which should have been such an income if the social insurance office had known all the facts. Minimum: 24% of the price base amount, i.e. SEK 9,500 ( 1,058). Maximum: SEK 295,500 ( 32,922). Partial permanent incapacity for the usual occupation: 24 times monthly reference wage. Total permanent incapacity for the usual occupation: 55% of reference wage. In case of workers over 55, the rate is increased, subject to certain conditions, by 20% of reference wage. Absolute permanent incapacity: 100% of reference wage. Severe incapacity: 100% of reference wage + 50% for the carer person. Before mentioned 50% increase for severe incapacity. This supplement may on application by beneficiary or his/her legal representatives and subject to authorisation by the administering body or employers' mutual benefit association, be replaced by residential care in a welfare institution at the expense of social security. Partial permanent incapacity for the usual occupation: Lump-sum payment. Total permanent incapacity for the usual occupation pensions may be commuted to a lump-sum amounting to 84 times monthly pension (claimants under 54) or 12 times monthly pension (claimants under 59), in certain cases. 100% of loss of earnings. No supplements. No redemption. Page 9 of 11

10 United Kingdom 14% disablement (1% in the case of pneumoconiosis, diffuse mesothelioma and byssinosis). Decision makers with medical advice and appeal tribunal. Reconsideration possible if circumstances change. Not applicable. Benefits not based on earnings. The rate of benefit depends on the degree of disablement ("t"). "t" = 1% - 13%: Nothing payable, except for pneumoconiosis, byssiniosis and diffuse mesothelioma (In these cases, "t" = 1% - 10%: GBP ( 17) a week, "t" = 11% - 13%: GBP ( 34) a week). For all other diseases: "t" 14% required for a pension ("t" = 14% - 19%: treated as 20%). Examples (per week): "t" = 100%: GBP ( 170) "t" = 50%: GBP ( 85) "t" = 20%: GBP ( 34) Payable from 91st day after date of industrial accident or onset of disease except mesothelioma which is payable from date of onset (subject however to 3 months limitation on backdating) and occupational deafness which is payable from date of onset or date of claim if later. Constant Attendance Allowance for a person with 100% disablement assessment who needs someone to attend him regularly. Carer's Allowance: Payable to a person not earning more than GBP 79 ( 112) per week (after allowable expenses), who is providing at least 35 hours care a week to who is in receipt of certain benefits. Exceptionally severe disablement allowance: if there is entitlement to constant attendance allowance above the normal maximum rate and the need for attendance at such rate is likely to be permanent. No redemption. Page 10 of 11

11 Norway Switzerland 30% in relation to temporary disability benefit or disability pension. 15% in relation to compensation for non-economic loss. National Insurance Service. The Occupational Injury Insurance is not bound by the decision on incapacity taken by the National Insurance Service. Review of National Insurance Service decisions possible at any time. Review of an Occupational Injury Insurance settlement possible up to five years after closure of the original settlement. 10%. Insurer. Possible at any time up to the age of 62 years for women and 65 years for men. Estimated annual income from work at the time of the accident. Alternatively, when more favourable, the regular income base for temporary disability benefit or disability pension. Insured salary = salary that the insured person earned during the year that preceded the accident, including family allowances. Maximum insured salary: CHF 106,800 ( 69,153) per year. Temporary disability benefit: 66% of the basic earnings up to six times the Basic Amount. Pension: Calculated as a full disability pension irrespective of the length of earning periods. Top-up from the Occupational Injury Insurance to give full compensation. 80% of the insured salary, in the event of total incapacity. Proportional reduction in the case of partial incapacity. Attendance benefit as for recipients of temporary disability benefit or disability pension, as the case may be. The condition for payment of this benefit of continued insurance, does not apply. No supplements. No redemption of temporary disability benefit or disability pensions. possible for the National Insurance compensation for noneconomic loss. Occupational Injury Insurance indemnities are all lump sum payments. of a monthly pension of less than half the maximum daily insured salary, possible at any time. possible in other cases with the consent of the beneficiary if his long-term interests are safeguarded. (a) Situation as of 1 January Source: European Commission, DG 05, MISSOC 2005 (http://europa.eu.int/comm/employment_social/social_protection/missoc_tables_de.htm), accessed 9/2/2006. Page 11 of 11

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