CHAPTER III
OCCUPATIONAL RISK
 
 
 
Article : 12
  An accident is considered to be employment injury, the accident inflicted on the body of the worker, regardless of the cause, if it happens to worker working or during the working hours, whether or not the worker was fault, it is the accident inflicted on the body of the worker or an apprentice with or without wage, who is working in whatever capacity or whatever place for an employer or manager of an enterprise.

Equally, accidents happening to the worker during the direct commute from his residence to the work place and home are also considered to be employment injury as long as the as the trip was not interrupted nor detour made for a personal or non-work-related reason.
Article : 13
  1- Occupational disease is also considered as occupational risk. The Minister in charge of the Social Security Schemes and the Minister of Health, after consulting with the Technical Council, shall issue a Joint Prakas concerning identification of the occupational disease list vis-à-vis with list of employment regarding to physical work, exposure to toxic substance and other employment performs in insalubrious conditions or areas in which cause various diseases.
2- This list shall be revised periodically for advance technical improving and promoting the medical awareness as basis means preventing occupational diseases.
3- A disease declared as occupational risk after the date that worker stopped working, is also pave the right for the victim has the occupational risk benefit, if the declaration is done during the period shown in the occupational disease list as prescribed in the paragraph 1 of this article.
Article : 14
  1- A victim caused by employment injury or commuting accident or occupational disease shall promptly inform to employer's representative about the accident inflicted on his/her except in the event of force majeure or in complete accessibility or has other thoughtful reasons. The beneficiaries, if there is a fatal accident, shall carry out such obligation.
2- Employer shall notify to NSSF within the period of less than forty-eight hours about employment injury or commuting accident or occupational diseases inflicted on workers working in there enterprise. This notification shall be made through the modality, which determined by Joint Prakas of the Ministry in charge of Social Security Schemes and Ministry of Health as proposed by the Governing Body of NSSF.
3- The method of investigation and duty of the victim of employment injury or commuting accident or occupational diseases shall be determined by joint Prakas of the Ministry in charge of Social Security Schemes and Ministry of Health.
Article : 15
  Benefit for occupational risk are:
a- Medical care services for occupational risk caused by employment injury or commuting accident or occupational diseases whether the accident interrupt the work or not.
b- Provide daily allowance for employment injury or commuting accident or occupational diseases causing temporary disability.
c- Provide disabled pension or allowance for employment injury or commuting accident or occupational diseases causing permanent disability.
d- Provide funeral benefits and survivors' pension.
Article : 16
  Medical care services are follows:
a- Medical treatment, surgery, and dentistry as well as X-ray photograph, laboratory examinations and other analysis.
b- Supplying pharmaceutical and incidental products for treatment.
c- Providing allowance for victim caring in hospital or other places.
d- Supply, maintenance and repair of prostheses limbs or orthopedic necessities that requires by a doctor designated or recognized by the NSSF or any kind of improving work rehabilitation or vocational retraining.
e- Work rehabilitation, vocational retraining, job reclassifying base on the conditions fixed by Prakas of the Minister in charge of Social Security Schemes.
f- Transport of the victim from accident site to the treatment places or his/her residence.
Article : 17
  In case of temporary disability, with duly confirmation from doctor designated or recognized by the NSFF the victim is entitled to have daily allowances. The daily allowances shall be given to the victim until the injury recovered or until the victim death resulting from the injury after treatment for a period of time. The daily wage of the worker for the first absent day work is payable by the employer.
Article : 18
  A disability, which shall be duly certified by the doctor designated or recognized by the NSSF that it is a permanent disability the victim is entitled to:
a- The permanent disability pension when the degree of disability incurred at least equally to twenty percent "20%"
b- The disability allowance that shall be provided as a lump sum if the degree of the disability incurred less than twenty percent "20%"
The degree of permanent disability shall be determined by Prakas of the Minister in charge of Social Security Schemes following a proposal of the Governing Body of the NSSF.
Article : 19
  When having the occupational risk and causing the victim died the National Social Security Fund shall Provide funeral benefits and pension for survivors of the victim.
Article : 20
  Survivors of the victim are those who have the following criteria:
a- Not discovered or separate wife or husband with legitimate married, registered by vital records office before the accident or before the victim died whether the marriage got after the accident.
b- All children under the victim charge shall be determined by Sub-decree on the establishment of NSSF.
c- Parents or ageing persons who are under the tutelage and direct charge of the victim during the accident.
Article : 21
  1- NSSF member who received the pension of the permanent partial disability, but has new occupational risk shall be recalculated the amount of new pension base on the degree of the new disability. Nevertheless, if in this last accident, the victim gets higher averages base wage, shall take this wage as means of calculation of the new pension.
2- NSSF member who is receiving disabled allowance, but has new occupational risk causing disability, with the degree at least twenty percent, the person is entitled to disabled pension base on his/her actual degree of disability. If the last accident, the victim receives higher average base wage. shall take this wage as for calculating the new pension.
3- Disabled pension, generally, shall be always reviewed. The National Social Security Fund shall organize an advance medical check-up for the victim who received the disable pension.
The victim cannot oppose to the medical check-up conducted as ordered by the National Social Security Fund.
Article : 22
  In the coverage of the health and social action program, the NSSF shall organize occupational risk prevention such as occupational health and its implementing rules.
 
 
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