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Workers and employees who perform work in the main or supporting activities of enterprises belonging to an economic activity with an occupational injury rate equal to or above the national average are subject to mandatory insurance against the risk of an occupational accident. The employer bears the cost of insuring workers and employees against this risk.<\/p>\n
Insurance of workers and employees against the risk of an occupational accident is mandatory under Council of Ministers Decree No. 24 of 6 February 2006, promulgated in State Gazette No. 15 of 17 February 2006.<\/p>\n
In the case of an occupational accident involving persons whose work poses a risk to their life or health, the insurance provides for compensation for the risks and up to the amounts agreed in the insurance policy.<\/p>\n
The mandatory \u201cOccupational Accident\u201d insurance covers the following risks:<\/p>\n
The sum insured under an \u201cOccupational Accident\u201d policy is determined on the basis of the individual monthly gross salaries of the insured workers and employees at the time the insurance is taken out. It may not be less than seven times the annual gross salary of each worker or employee.<\/p>\n
If the insured person dies, the insurer pays compensation equal to the sum insured for that worker or employee, as determined under clause 11.3 when the insurance contract is concluded. In the event of a permanent reduction in work capacity, compensation is a percentage of the sum insured for the relevant worker or employee equal to the percentage reduction in work capacity established by the competent medical-expertise authority (TELK\/NELK), in accordance with the Regulation on Medical Expertise. In the event of temporary incapacity for work, a percentage of the relevant worker\u2019s or employee\u2019s monthly gross salary on which the insurance was based is paid for each month of incapacity begun; the percentage depends on the duration of the loss of work capacity.<\/p>\n
If the insured person had a specified percentage of permanent reduction in work capacity before the occupational accident, that percentage is not taken into account when determining the percentage of permanent reduction resulting from the occupational accident.<\/p>\n
The insurance premium is calculated using the insurer\u2019s tariff in force when the insurance is taken out, with the tax due under the Insurance Premium Tax Act added. It may be annual or monthly depending on the term of the employment relationship between the worker or employee and the employer. The insured person may pay it in monthly, quarterly or six-monthly instalments, or under another arrangement agreed by the parties.<\/p>\n
If you have suffered an occupational accident, or one of your employees has been involved in one, it is advisable to consult a lawyer who specialises in tort law.<\/p>\n
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