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KINGDOM OF CAMBODIA
Nation - Religion - King
 
Ministry of Social Affairs, Labor
Vocational Training and
Youth Rehabilitation
No: 243
 
Phnom Penh, 10 September 2002
 
PRAKAS
ON
NOTIFICATION FOR OCCUPATIONAL ACCIDENTS, FORMULA FOR COMPENSATION AND RATIO OF LOSS OF WORKING CAPACITY
 
The Minister of Social Affairs, Labor And Vocational Training and Youth Rehabilitation
 
  . Seen the Constitution of the Kingdom of Cambodia
  . Seen the Royal Decree No. 1198/72, dated 30 November 1998 on the appointment of the
    Royal Government.
  . Seen the Law on the Organization and Functioning of the Cabinet promulgated by the Royal
    Kram No. 02/ 94, dated 20 July 1994
  . Seen the Labor Law promulgated by the Royal Kram No.0397/01, dated 13 March 1997
  . Seen the Royal Decree No. 0699/06, dated 17 June 1999 on the establishment of the Ministry
    of Social Affairs, Labor And Vocational Training and Youth Rehabilitation.
  . Seen Sub-Decree No. 87, Dated 04 October 1999 on the Organization and Functioning of the
    Ministry of Social Affairs, Labor And Vocational Training and Youth Rehabilitation.

 

HEREBY DECIDES

 
Article : 1
  Owners or directors of enterprises and establishments of industry, mining, commerce, crafts, agriculture, services, land or water, transportation, be they public, semi-public or private, non-religious or religious, of professional education or charitable characteristics as well as the liberal profession of associations or groups of any kind shall notify in writing any work-related accident (occupational accident) to the Department of Social Security, Ministry of Social Affairs, Labor And Vocational Training and Youth Rehabilitation if the enterprise concerned is located in Phnom Penh. If the enterprise is located outside Phnom Penh, it shall report in writing to the Provincial or Municipal Inspectorate of Social Affairs, Labor And Vocational Training and Youth Rehabilitation, where the enterprise is located.
Article : 2
 
The notice of occupational accidents shall be sent either by registered mail or by personal delivery with acknowledged receipt "Received" within 48 hours the latest excluding days-off or holidays.
The model format of notice of occupational accidents is provided in ANNEX 1 of this Prakas.
Article : 3
  Workers who incur occupational accidents shall also have the obligation to notify their employer or his/her legitimate representative within 24 hours after the occurrence of the accident. This obligation, however, may be exempted in case of God Act or complete inability to notify or other appropriate grounds.
The written notification sent by the workers' representative, team leader, and workers to the employer shall be copied for the Department of Social Security or Provincial Offices or Municipal Offices of Social Affairs, Labor And Vocational Training and Youth Rehabilitation.
The notification may be done by registered mail in case of inability to notify directly on the spot such as in accidents during journey, which is specified by law as occupational accidents, and accidents during local or overseas mission undertaking
Article : 4
  Accidents occurring to workers or paid or non-paid apprentices in whatever capacity at whatever location by whatever causes while performing their duty, whether or not they are the result of the workers' fault, shall be regarded as work-related accidents.
In addition, accidents, which occur to workers during their journey from home to work, or from work to receive their wages and their return, without detour to other places for personal interests or to places not required by the work, shall also be regarded as occupational accidents.
Vocational illnesses as specified in the law shall be regarded as occupational accidents.
Article : 5
 

In the event of accident occurrence, employer or owner of enterprise, the Department of Social Security, Provincial and Municipal Inspectorate of Social Work, Labor, Vocational Training and Youth Rehabilitation shall have the following immediate responsibilities:

A. Employer or Owner of Enterprise
- Immediately provide first aid to victims by all means;
- Notify the competent Ministries;
- Keep the place intact "for serious accidents or fatal accidents";
- Write a report for record provided there is a need to change the original place
- Provide sufficient relevant documents to investigation committee;
- Provide facilitation for the accident witness so that the witness can report to the investigation committee;
- Be responsible for all investigation costs on technical analysis;
- Properly exercise the measures recorded in the report;
B. Social Security Department
- Immediately notify the Department of Labor Medicine and the Department of Labor Inspection to request for their respective competent officials to take part in accident investigation;
- Conduct investigation on the spot as soon as possible;
- Request for technical assistance in case the accident has much technical complication;
C. Provincial and Municipal Inspectorates
- Conduct investigation on the spot as soon as possible;
- Request for technical assistance in case the accident has much technical complication;
- Upon receiving notification about serious or fatal accidents, immediately notify the Department of Social Security within 72 hours at the latest.

When conducting every investigation, the officials shall write a report, determining whether or not it is a occupational accident, the cause of accident and the strategies to prevent the accident from happening again. A model of report format is provided in Annex 2 of this Prakas. Models of semester and annual report on occupational accidents are provided in Annex 3 and 4 of this Prakas.

Article : 6
 


While the National Funds for Social Security is yet to be established, owners or directors of establishments specified in Article 1 of this Prakas shall have the obligations to provide occupational accident allowances in addition to the first aid expenses. The allowances include:

- medical care and hospitalization coverage
- daily allowances
- annuity
- costs for funerals and annuity for the victim's dependents

For traffic accidents characterized as work-related accidents, the indemnity covered by the third party, i.e. the party that caused accidents shall also be considered as occupational accident allowances. The employer has the right to sue the third party for these allowances provided he/she has already paid the allowances to the victim. Despite this provision, the employer shall be responsible for these allowances, i.e. he/she shall first provide allowances to the victim before dealing with the third party.

The victim has the privilege to demand for his/her allowances in case the court declares the enterprise bankrupt.

Article : 7
 

Hospitalization coverage and medical care for the victim both during hospitalization or during his/her relapse period and other after-recovery allowances are the responsibility of the employer towards the victim of occupational accident which, after official certification by a physician and approved by MOSALVY, caused him/her, partially or wholly, temporary or permanent disability. The healthcare allowances are specified below:
- Allowances for medical, surgical, and dental care, X ray or echography analysis, laboratory analysis and other analysis required by physicians;
- Allowances for expenses on medication and treatment-related secondary utilization;
- Allowances for a caretaker at a clinic or anywhere considered as a health care clinic;
- Supplies, repair of artificial limb and prosthetic facilities such as walking stick, handicap cart;
- Costs for transporting the victim to hospital or to his/her residence;
- Costs for the victim's rehabilitation
Despite the above specifications, the victim shall have the right to receive better benefits.

 
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