EMPLOYMENT INJURY PENSION AND GRATUITY
1/ “employment injury” means occupational accident or occupational disease.
2/ “occupational accident” means any organic injury or functional disorder suddenly sustained by a public servant during or in connection with the performance of his work and includes:
a)any injury sustained by a public servant while carrying out orders given by a competent authority outside of his regular work or working place or working hours;
b)any injury sustained by a public servant during or outside of working hours while attempting to protect the public office from accident or destruction irrespective of an order given by a competent authority;
c)any injury sustained by a public servant while he is proceeding to or from his place of work in a transport service vehicle provided by the public office which is available for the common use of its employees or in a vehicle hired and expressly destined by the public office for the same purpose;
d)any injury sustained by a public servant before or after his work or during any interruption of work, if he is present in the work place or the premises of the public office by reason of his duties in connection with his work;
e)any injury sustained by a public servant as a result of an action of the public office or a third person during the performance of his work.
3/“occupational disease” means any pathological condition of a public servant which arises as a consequence of being exposed to the agent that cause the disease for a certain period prior to the date in which the disease became evident due to the kind of work he performs or because of the surrounding in which he works; provided, however, that it does not include endemic or epidemic diseases which are prevalent and contracted in the area where the work is done.
4/“regular work” means the work performed by a public servant pursuant to his assignments or contract of employment.
5/“regular place of work” means a place where a public servant performs his duties for a definite or an indefinite duration.
9. Self Inflicted Injury
The provisions of Article 28 of this Proclamation shall apply only where the public servant has not inflicted the injury upon himself intentionally. Any injury resulting from, in particular, the following acts shall be deemed to be intentionally caused by the public servant:
1/non-observance of safety instructions or preventive rules specifically issued by the public office; or
2/reporting to work in a state of intoxication that prevents him from properly regulating his conduct or understanding.
30. Schedule of Occupational Disease and Degrees of Incapacity
1/For the implementation of this Proclamation the Agency shall, in consultation with the appropriate organ and by directive, issue a schedule that lists:
a) the degrees of incapacity;
b) with respect to each occupational disease:
(2)the kind of work or surrounding that gives rise to the disease;
(3)the minimum duration of exposure to the agent causing the disease.
2/The schedule issued in accordance with sub-article (1) of this Article shall be revised periodically as necessary.
1/Where a disease listed in the schedule is contracted by a public servant engaged in the corresponding work place or kind of work, it shall be presumed an occupational disease.
2/Where a public servant who had recovered from an occupational disease is re-infected due to continued placement in the occupation corresponding to the disease listed in the schedule, he shall be presumed to have contracted the occupational disease afresh.
3/Notwithstanding the provisions of sub-article
(3) of Article 28 of this Proclamation, where a public servant engaged in the eradication of endemic or epidemic disease contracts same, it shall be presumed an occupational disease.
32. Admissibility of Evidence
Production of evidence may be permitted to proof that a disease not listed in the schedule issued under Article 30 of this Proclamation is of occupational origin, and that a disease listed in the schedule has been manifested in different symptoms from those indicated therein.
33. Notification of Accident
Where a public servant other than member of the defense force sustains occupational injury, the public office shall notify, in writing, the occurrence of same to the Agency within 30 days of such occurrence. Failure to do so shall make the public office liable for the damage sustained by the public servant.
34. Assessment of Employment Injury
1/The extent of employment injury sustained by a public servant shall be assessed by authorized medical board.
2/Any medical board shall assess the extent of employment injury based on the schedule issued pursuant to Article 30 of this Proclamation.
3/When it deems necessary, the Agency may refer the assessment to another medical board for further evaluation.
35. Incapacity Benefit
Incapacity pension for life or incapacity gratuity shall be paid, as the case may be, to a public servant who sustains employment injury of not less than 10%.
36. Incapacity Pension
A public servant who sustains employment injury of not less than 10% and separates from work due to permanent incapacity that prevents him from engaging in any remunerated work shall receive incapacity pension for life.
37. Amount of Incapacity Pension
1/The amount of incapacity pension to be paid in accordance with Article 36 of this Proclamation shall be 47% of his salary which he was receiving during the month prior to the occurrence of the injury.
2/If the retirement pension the public servant is entitled to is higher than the incapacity pension to be paid pursuant to sub-article (1) of this Article, he shall receive the retirement pension.
38. Incapacity Gratuity
1/A public servant who sustains employment injury of not less than 10% without loss of capacity to work shall receive incapacity gratuity in the form of a lump sum.
2/If, in accordance with the appropriate law or collective agreement, the public servant is entitled to compensation for damage from the employer or insurance benefit, he shall not receive the incapacity gratuity to be paid pursuant to sub-article (1) of this Article.
39. Amount of Incapacity Gratuity
The amount of incapacity gratuity payable in accordance with sub-article (1) of Article 38 of this Proclamation shall be equal to 47% of the monthly salary of the public servant which he was receiving during the month preceding the occurrence of the injury multiplied by 60 and the percentage of injury sustained.