Decree of the Central Council of Trade Unions, Ministry of Health and State Social Security No. 7 / 1962 Coll.
Decree of the Central Council of Trade Unions, the Ministry of Health and the State Social Security Office implementing certain provisions of the Law on Reimbursement in Accidents and Occupational Diseases
Valid
Effective from 01.02.1962
Zobrazeno prvních 200 z celkem 242 ustanovení tohoto předpisu.
Zobrazit celý předpis →
Pro stažení celého znění použijte tlačítko Stáhnout výše.
7
DECLARATION
Central Councils of Trade Unions, Ministry of Health and State Social Security
of 9 January 1962
implementing certain provisions of the Law on compensation for accidents and occupational diseases
The Central Council of Trade Unions, the Ministry of Health and the State Social Security Office, in agreement with the participating central authorities and the authorities, provides, pursuant to Articles 12 (1) and 30 (1) and (2) of Act No. 150 / 1961 Coll., for compensation for accidents and occupational diseases (hereinafter referred to as "the Act '):
Employment and direct link
(K § 1 of the Act)
(1) The performance of the job is the work which results from the content of the worker's obligation to work. The performance of a job shall also be another activity for an undertaking, in particular an activity carried out at the orders of the undertaking, at the initiative of the social organisation in the establishment, at the initiative of the co-workers and, where appropriate, an activity carried out on its own initiative, unless the worker requires a specific authorisation or acts against the express prohibition of the undertaking. The performance of a job on a business trip shall be that which is the subject of a business trip or which, by its type and focus, relates to the subject matter and purpose of the business trip or is carried out for the benefit of the undertaking. The working path shall be the journey to and from the place of the worker's regular place of work at the undertaking's orders.
(2) In direct connection with the performance of the job, preparation for the work and all actions needed to perform the work or usual during work (e.g. snacks), as well as necessary after work, such as washing in the washroom, dressing in the dressing room, travel to the place of mass catering in the premises of the company and meals in it. Where this place is outside the premises of an undertaking, this shall apply mutatis mutandis as regards meals for the worker's working hours. However, in direct connection with the performance of employment, the journey from the place of residence to the place of entry into the holding and back, in agricultural establishments, is not a journey from the place of residence to the designated place of work or the designated assembly place.
(3) In direct connection with the performance of employment, the exercise of an activity is also conducive to the performance of the company's political, economic and social tasks, such as the exercise of a member of the body of the Revolutionary Trade Union Movement. In these circumstances, training organised by the management of an undertaking or a social organisation in the undertaking, or, where appropriate, a superior body of the undertaking, or training for the office of a social organisation in the undertaking, organised by a higher body of that organisation, monitoring the improvement of the political and professional preparedness of workers, as well as the journey towards such training and return.
Compensation for lost earnings and compensation for survivors
Original earnings
(1) The calculation of the compensation for the loss of earnings under the other provisions of this Decree is based on the net earnings achieved by the injured party prior to the accident at work or occupational disease ("the original earnings'). The initial earnings shall be calculated by establishing the average monthly gross earnings for the 12 calendar months preceding the accident and deducting from the wage tax at the rate applicable to the worker during the period in which the incapacity for work or occupational disease occurred (hereinafter" the accident '). One-off rewards are disregarded. Where the initial earnings are the basis for calculating the compensation for the loss of earnings after the end of incapacity for work, for workers who are employed at the time of the work accident classified under the social security rules in the first working category, for workers who are employed in the second working category, for workers who are employed in the second working category, for workers who are employed in the third working category, for workers who are employed in the first working category, for an amount exceeding 1600 CZK per month shall not be taken into account.
(2) If the permanent employment relationship of the injured party on the day of the accident at work is the whole period, the original gross earnings shall be calculated from the date of employment until the end of the calendar month preceding the month in which the worker was recognised as unfit for work for reasons of accident at work. In the absence of a full calendar month of employment, the average gross earnings achieved in the 3 calendar months preceding the accident at work by workers carrying out the same work on the holding or working of the same type shall be taken as the basis for the calculation of the initial earnings by the injured worker before the accident at work.
(3) If there has been a permanent change in the basic salary of the worker at the time referred to in the preceding paragraphs, the calculation of the initial earnings shall only take into account the period after that change; the provisions of paragraph 2 shall apply mutatis mutandis.
(4) For a worker who has not worked for a part of the period referred to in the preceding paragraphs because he has been on leave or for important obstacles to work, the calculation of the initial earnings shall not take into account the period at which he has not worked for those reasons or the compensation paid to him during that period.
(5) If, at the time of the accident at work, the worker has been in secondary employment for at least 6 months, or worked in a single agricultural cooperative during that period, the average net earnings of such activity shall also be included in the original earnings.
(6) If the worker suffered an accident at work in secondary activity, the average net earnings from the main employment are included in the original earnings.
Calculation of loss of earnings during incapacity for work
(K § 5 of the Act)
In calculating the compensation for the loss of earnings for the period of incapacity of the injured person, the difference between the original earnings and the sick benefits which are legally due to him shall be taken into account.
Placing of damaged worker
(K § 6 of the Act)
(1) The undertaking's obligation to ensure the location of the injured party is maintained until the worker has been granted an invalidity or old-age pension.
(2) The obligation to take care of the location of the injured party shall be that of the undertaking even if the injured party has been deprived of the invalidity pension which he has received as a result of the accident at work, or that pension has been converted into a partial invalidity pension during the accident at work. This obligation shall also apply to an old-age pensioner who has suffered an accident at work after the old-age pension has been granted, but no more than 70 years of age.
(3) If the injured party cannot continue to hold the place which the undertaking responsible for the damage to his health has granted him for the deterioration of his health as a result of an accident at work, that undertaking shall be obliged to provide him with another place corresponding to the conditions set out in Section 6 of the Act.
Compensation for loss of earnings after the end of incapacity for work
(K § 7 and 8 of the Act)
Calculation of loss of earnings compensation
(1) The compensation for the loss of earnings after the cessation of incapacity for work (Section 7 of the Act) makes the difference between the worker's original earnings and his net earnings after the cessation of incapacity for work ("post-accident earnings") plus any partial invalidity pension in an accident at work. However, the compensation, together with the earnings of the injured party and any partial invalidity pension in respect of an accident at work, shall not be more than that which would have made the invalidity pension of the worker at the highest level under the social security rules (provision) as determined at the date of the accident at work; This limitation does not apply if the original income is at least 10% higher than the disability pension at the highest level. *) Reducing pensions under social security rules shall not be taken into account.
(2) If an occupational disease worker has been transferred to another work and the occupational disease has only been detected after such transfer, the relevant date for determining the compensation referred to in paragraph 1 shall be the day of such transfer, if this is more favourable for the worker.
(3) From the date on which an old-age or invalidity pension has been awarded to the injured person after an accident at work, he shall be entitled to compensation equivalent to the average amount of earnings lost after the end of his incapacity for work for the last 12 calendar months before that date and, if paid only for a shorter period, for that period; However, it is not appropriate to make a refund where the average annual earnings which, under the social security rules (provision), are the basis for determining the amount of the old-age or invalidity pension are equal to or higher than the gross earnings which were the basis for calculating the original earnings of the injured worker (§ 2). * *)
(4) If the undertaking itself cannot identify the average annual earnings of the worker under the social security rules, it shall request a communication from the State Social Security Office.
Earnings after accidents at work
(1) The earnings of the injured person after the accident at work are determined by the average amount recorded on the net salary of the injured person for 3 calendar months after the end of the disability allowance; without regard to one-off remuneration. If there is later a change in the earnings of the injured party, at the initiative of the undertaking or the damaged earnings after an accident at work, it shall be fixed again if the average amount for the last 3 calendar months differs by at least 5% from the previous.
(2) Where an undertaking which is obliged to provide compensation demonstrates that the injured person is making less income in employment than the average of the workers performing the same work or the same type of work on the holding, corresponding to the qualifications of the injured worker before the accident at work, the calculation of the compensation for the loss of earnings which those workers earn on average.
(3) If the injured party's earnings are reduced after an accident at work for reasons unrelated to his health as a result of an accident at work (for example, incapacity for another reason, change in place for family reasons, change in wage conditions), the compensation for the loss of earnings shall not be taken into account and shall be based on the net earnings of the injured party in the last 3 calendar months prior to the change.
Invalidity pension
Invalidity pension under Section 8 of the Act shall be subject to an agreement between the undertaking and the injured or final decision of the arbitration body or tribunal on the basis of proof of the company's liability for an accident at work.
Compensation for loss of earnings in certain specific cases
(1) If the initial earnings of a worker who has become disabled after an accident at work are at least 10% higher than the disability pension at the highest level, the worker shall be entitled to compensation from the undertaking responsible for the accident at work equal to the difference between the original earnings and the disability pension at the highest level; any reduction in this pension shall not be taken into account. *)
(2) If a disabled or partially disabled worker has suffered from an accident at work within 5 years of the end of his vocational education or of a general education, vocational or higher education, he shall be entitled to compensation from the undertaking responsible for the accident at work. The compensation shall be the difference between the disability pension of the worker at the highest level or, where applicable, the earnings of the injured person after the accident at work plus any partial invalidity pension in the event of an accident at work and the average net earnings limited by Article 2 (1), which, in the 3 months preceding the accident at work, the workers carrying out the same work or work on the holding of the same type, have achieved the corresponding qualification of the injured worker before the accident at work.
A worker who has suffered an accident at work during a seasonal or temporary period of need shall be entitled, after his incapacity for work has ceased from the date on which his employment was due to end, to compensation for the loss of earnings only up to the amount corresponding to the maximum invalidity pension; However, this limitation does not apply if it is reasonable to assume that the injured party would continue to be permanently employed as appropriate.
(1) Where an old-age pensioner suffers from an accident at work which does not cause his invalidity, only his earnings after the old-age pension is awarded shall be taken as the basis for determining the amount of compensation.
(2) Compensation for loss of earnings after the end of incapacity for work (Section 5) is granted in this case if the injured party himself has not ceased to be employed for reasons unrelated to his work injury, otherwise up to 70 years of age.
Payment of compensation for loss of earnings
Compensation for loss of earnings after an accident at work shall be paid on a monthly basis by the undertaking.
Compensation of survivors
(K § 10 of the Act)
(1) The costs of the funeral are, in particular, those charged by the funeral home, cemetery fees, funeral notices, one third of the actual costs of the funeral dressing, travel expenses, the cost of setting up a memorial or a plaque and the adjustment of the grave. Only reasonable costs shall be reimbursed; the cost of setting up a monument or a plaque may not exceed 5000 CZK.
(2) The company pays the costs to the person who spent them. However, the cost of funeral clothing and travel expenses shall be reimbursed only to the closest members of the deceased's family and household.
One-off compensation to survivors who are entitled to survivor's pensions (Section 10 (3) of the Act) shall be granted by the company on the basis of evidence of the granting of survivor's pensions.
(1) If the worker has died as a result of an accident at work, the persons who are not entitled to the survivor's pensions shall be entitled to compensation for what they have missed if the deceased's earnings have been linked to their maintenance and their maintenance cannot be adequately secured; It is therefore not for persons who can obtain their own food from their own work income.
(2) If survivors are also entitled to be fed by persons who have a legal maintenance obligation against them, compensation shall be granted only up to an amount corresponding to the amount which the deceased would be obliged to provide to the survivors.
(3) The amount of the refund shall be determined on the basis of the number of beneficiaries and the degree of their need so that the compensation granted to all beneficiaries does not exceed a total of more than 1600 CZK per month.
Means and extent of compensation for other persons
(K § 11 and 12 of the Act)
The derogations provided for in the other provisions of this Decree shall apply to damages to other persons legally entitled to it.
JZD members
(1) In calculating the compensation for the loss of earnings of a member of a single agricultural cooperative and of persons who are permanently employed on the cooperative and who are not members of the cooperative, such as family members of a member of the cooperative, etc. (hereinafter referred to as "member of the cooperative '), it shall be based on the annual income of the member of the cooperative after the accident at work; for the calculation of compensation after invalidity or invalidity, no account shall be taken of the amount of annual income exceeding CZK 19.200.
(2) The initial earnings for members of uniform agricultural cooperatives with cash remuneration shall be determined mutatis mutandis in accordance with Article 2. The basis for determining the original earnings for the members of the other JZD shall be the number of working units worked by the cooperative member in the calendar year before the accident at work; if they have not worked for serious reasons for part of this period, the basis is the number of working units that would have worked with respect to their personal skills and working opportunities of the cooperative. The remuneration for the unit of work shall be fixed annually at the level of the remuneration for the units of the other members of the cooperative. Compensation for loss of earnings shall be paid to the annual member meeting of the co-operative in advance, and the bill shall be made at the same time as the remuneration is charged to the other members of the cooperative.
(3) When granting compensation to the survivors of the cooperative members, account shall be taken first of the surviving children and of the spouse (s) and then of the other persons dependent on the deceased for their maintenance. The amount of the refund shall be determined on the basis of the number of beneficiaries so that the refund granted by the single agricultural cooperative to all beneficiaries does not amount to a total of more than 1600 CZK per month.
(4) An accident involving a cooperative in or directly related to the individual management of the fungi is not a work accident under the law.
Apprenticeship
(1) The apprentices are responsible for the damage caused by the accident at work that occurred to them in the course of or directly related to the occupation of the apprentice. In the event of an accident at an apprenticeship school managed and administered by a national committee, the national committee shall be responsible for the damage.
(2) An apprentice who is incapacitated during the preparatory period for a work accident shall be entitled to compensation for the loss of earnings equal to the difference between the remuneration due to him under the special rules (including the value of accommodation and meals provided in whole or in part free of charge) and the sickness allowance.
(3) An apprentice who, during the period of professional development for an accident at work, is incapacitated and therefore unable to perform productive work as part of vocational training, is entitled to compensation for lost earnings equal to the difference between the average net monthly earnings achieved by other apprentices in the same field of education in the performance of productive work and between sick workers.
(4) As from the date on which the education for the profession was to end in a teaching relationship, a new calculation of the compensation for the loss of earnings referred to in paragraphs 2 and 3 shall be made. The initial earnings shall be the average net earnings achieved during the 3 calendar months preceding the day on which the apprenticeship was to end, by workers performing the same work on the holding or by the same type of work for which the apprentice was taught.
(5) An apprentice who, as a result of an accident at work, receives an invalidity pension in respect of an accident at work or a partial invalidity pension in respect of an accident at work shall be entitled, from the date on which his education would end in a teaching capacity, to compensation from an undertaking which is responsible for an accident at work or an occupational disease. The refund shall be granted up to the amount of the initial earnings determined in accordance with paragraph 4. However, no account shall be taken of the earnings exceeding the amount referred to in Paragraph 2 (1).
Students of universities, pupils of basic nine-year-olds and secondary schools
(1) Students and pupils are responsible for the damage caused by the accident at work which occurred to them during teaching, working in a school workshop or on school grounds or in direct connection with it, by the competent national committee or college.
(2) Students and pupils are responsible for the damage caused by accidents at work in manufacturing or in operating practice in or directly related to the undertaking in which they were engaged at the time of the accident at work.
(3) From the date on which the study or schooling of the damaged pupil or student was to end, the injured student shall be entitled to compensation for the loss of earnings. It shall be entitled to compensation where it has become disabled or partially disabled as a result of an accident at work. The initial earnings are the average net earnings achieved by qualified professional workers for whom the student or pupil was preparing. In the case of pupils of basic nine-year-olds and secondary general education schools, account shall be taken of the results of the study, the mental and physical possibilities of the pupil before the accident at work; the profession in which pupils could be employed after leaving school shall be considered and shall be based on the net earnings achieved on average by the staff of that profession. The initial earnings, if the basis for calculating the loss of earnings after the end of the student's incapacity for work or disability, shall not exceed 1600 CZK per month.
Teachers
Teachers who perform production experience or participate in the professional work of an undertaking in the organisation of their qualification shall be responsible for the damage caused by the accident at work.
Members of production cooperatives
The members of the production cooperatives shall be responsible for the damage caused by the accident at work which occurred to them in the performance of their duties or in direct connection with the cooperative of which they are members.
Member of the Armed Forces
(1) The members of the Czechoslovak People's Army are responsible for the damage caused to them by the work accident which occurred to them in the performance of their duties or in direct connection with them, the Ministry of Defence, the members of the army of the Ministry of Interior and the Security Corps of the Ministry of Interior are responsible for the Ministry of Interior.
(2) The basis of the calculation of the original earnings of persons called upon to serve in the armed forces whose employment or membership relationship to the cooperative lasts or has exceptionally ended in a protective period is the average net earnings achieved by workers on the holding of the same work or work of the same type as the injured worker over a period of 3 calendar months prior to the date of the accident at work.
(3) In calculating the compensation for the loss of earnings for persons called upon to serve in the armed forces after the end of the teaching relationship, it shall be treated in a similar manner to apprentices and persons called on to serve in the armed forces after completion of the studies, as for students. These persons are also entitled to an invalidity allowance granted to apprentices and students (§ 17 (5), § 18 (3)).
Funders of national committees and social organisations, judges and members of legal advice
(1) Citizens who perform public functions for national committees are responsible for the damage caused to them by the work accident which occurred to them in the performance of their duties or in direct connection with them, the competent national committee, the officials of the social organisation, in so far as it does not concern the case of § 1 (3), that organisation, the judges of the local folk courts set up at the workplace, the competent undertaking, the judges of the other local folk courts of the local national committee, the other judges of the competent court and members of the legal advisory board of lawyers of which they are members.
(2) For citizens who perform a public office and are not, for this reason or for any other reason, involved in pension insurance (insurance, provision), the average annual income for the determination of pensions is CZK 9600.
Brigadier
(1) A member of the temporary staff is a member of the temporary staff who, voluntarily, in the framework of an organised action, assists in carrying out important tasks in the general interest, without the usual employment. A part-time worker is also a member of temporary support to the single agricultural cooperative with his knowledge.
(2) Brigade members are responsible for the damage caused by the accident at work which occurred to them in the course of or directly related to the work of the brigade, the organisation for which the brigade worked at the time of the accident at work. However, voluntary assistance (brigade) organised by an undertaking, a race committee of the Revolutionary Trade Union Movement or an authority of another social organisation in an undertaking in the framework of a patronage activity shall be considered to be the pursuit of employment; the damage in this case is the responsibility of the undertaking.
Other workers active for socialist organisations
(1) A claim for compensation under the law is given to all workers who are active for socialist organisations in proportion to the content of the employment relationship but are not so marked or have not all the formalities required for the establishment of the employment relationship (for example, the approval of the racing committee is lacking). In these cases, the Socialist organisation for which they were active at the time of the accident at work is responsible.
(2) The right to compensation under the law is also granted to members of public or competitive voluntary fire protection units who suffer from an accident in the performance of the fire service, as well as persons who, at the request of the local national committee or the commander of the intervention and in his knowledge, are personally assisting in the intervention or training of the fire protection unit while suffering injury. In such cases, the undertaking of which the unit is set up shall be responsible to the members of the other voluntary fire protection units by the competent local national committee.
(3) In addition, civil-defence adventurers, health workers ČsČK, blood donors, members of the Mountain Service, participants in the preparation for the defence of the Czechoslovak Socialist Republic, public security and border guards, volunteer social security workers, are entitled to compensation under the law if they have suffered an accident in the performance of tasks related to the performance of the relevant function or activity. They are responsible for the damage suffered by the Socialist organisation for which they were active at the time of the accident at work.
Disposable accident compensation
(K § 9 of the Act)
(1) One-off accident compensation shall be granted to the worker in an accident at work, both for suffering pain (hereinafter "painful ') and for making social application more difficult.
(2) The doctor will assess whether, in terms of anatomical or functional changes in the organism damaged, there are conditions for providing one-off accident compensation and evaluate its components by the number of points in the tables attached to this decree. If the injury or its consequences are not stated in the tables, the doctor shall apply the injury (s) rates to which they are likely to be compared in the directions considered.
(3) One-off accident compensation does not assess the injury to earnings or gainful capacity.
Painful
(1) It is painful if there have been objectively identifiable changes in the body which have been caused by the injury and cause pain during the injury, treatment or removal of its consequences. Painful must be proportionate to the nature of the injury or, in the case of occupational diseases, the nature of the damage ("injury ') and the course of treatment.
(2) Pain is not assessed:
(a) a simple mental response to the disease caused by an accident and which is a transient; However, the suffering caused by organic disturbance of the nervous system shall be assessed,
(b) changes in the organism which are so short-term that they cannot be treated or objectively detected,
(c) pain in the future (follow-up) and pain resulting from changes in the already permanent ones.
If, after the completion of treatment, an operation which has its root cause in the original injury has been carried out, it is a new painful operation as an injury with which it is likely to be compared. However, the maximum amounts laid down in Paragraph 31 may not be exceeded for that reason either.
Compensation for making social application difficult
(1) Difficulties in social application shall be compensated if there have been objectively identifiable permanent changes (anatomical or functional) in the body which have adverse consequences for normal life actions of the injured person and to meet his usual social needs. The compensation for making social application more difficult must be proportionate to the nature of the permanent consequences, to the extent that it limits the possibility of a worker to exercise himself in life and society.
(2) Compensation for the inconvenience of social application is not assessed:
(a) damage of a transient nature resulting in only temporary difficulties in social application;
(b) minor scars, minor cosmetic defects and disease-free changes which cannot lead to a greater reduction in social application.
(1) Difficulties in social application are assessed by the physician as a basic number of points.
(2) If the consequences of an accident which makes it difficult for the injured to be used socially can be corrected or improved by a simple and normal medical procedure which is neither dangerous nor too painful, the doctor shall advise the injured person of the suitability of the medical procedure. It can only do so if the suitability of the medical procedure is confirmed by the expert department of the relevant medical field. In this case, the doctor will also give an assessment of the basic number of points likely to be consistent with the condition of the victim after the procedure.
(1) The compensation for the inconvenience of social application shall be increased accordingly up to twice the amount corresponding to the basic number of points determined by the doctor, according to the assumptions made by the injured party for use in life and society and limited or lost as a result of the accident.
(2) The assumptions referred to in paragraph 1 shall include, in particular, the damage to the choice of profession or to further self-education, the damage to exercise in the life of political, cultural, sport and family; while looking at whether it is male or female and at what age the worker was affected by an accident.
(3) When considering the amount of compensation for making social use more difficult, the undertaking shall determine whether the conditions set out in paragraph 2 are met and, after consulting the ROH (hereinafter referred to as the "REC ') race committee, determine what increase in the basic number of points it considers appropriate; taking into account any medical advice under Paragraph 29 (2).
One-off accident compensation shall be assessed by a cash sum of 10 CZK per point. The total amount of one-off accident compensation granted to the injured party from one accident shall not exceed CZK 40 000; of which the amount granted as painful must not exceed the amount of CZK 12 000, even in the cases referred to in Section 27. In cases of extremely exceptional, worthy of special consideration, the arbitration body or the court may increase the compensation of one-off accidents accordingly, even above those highest compensation rates.
(1) A medical assessment of the amount of one-off accident compensation may be requested by the undertaking, the injured or the racing committee; the opinion issued on such an application shall be free of charge.
(2) One-off injury compensation is assessed by doctors of national health institutions (relevant workshop or district doctor) or other medical facilities (railway health institutions, interior and national defence ministries) in which the injured person has been treated; in the serious cases listed in the tables, the assessment shall be certified by the medical professional department.
(3) If the injured person is being treated in a hospital or other bed establishment at the time when the application for an assessment has been made, or has been treated only in such an establishment, the assessment shall be given by the doctor of the hospital or other bed establishment. In occupational diseases, one-off accident compensation is assessed exclusively by the doctor of the department or the clinic of occupational diseases of the competent national health institution.
(4) Medical facilities involved in the treatment of the injured are required to supply the medical documentation and provide the necessary explanations to the assessor.
The report is in writing. The report shall include, in addition to personal data on the injured party, details of how the evaluation was concluded. A copy of the report shall be attached to the medical file.
Provisions common, transitional and final
The cooperation of the racing committees in the implementation of the law shall be carried out by members of the production cooperatives of the Workers' Commission, by members of the Single Agricultural Cooperatives of the Commission on Safety and Health at Work and, where appropriate, by the Social Commission.
(1) The provisions of this Order also apply to claims for damages incurred between 1 January 1957 and 31 January 1962, unless, before 1 February 1962, they have been ruled by a court or arbitration body or an agreement has been reached.
(2) Without prejudice to the provisions under which the State Insurance Corporation grants compensation for damage caused by injury or death to bodies other than those referred to in Paragraph 32. *)
(1) After an accident at work, in the cases referred to in Section 31 (2) of the Act, the average monthly net earnings of a worker without child allowance, calculated from earnings for the calendar year 1961, are taken as follows. However, if the work incapacity for an accident at work ended during 1961, the average monthly net earnings shall be calculated only from the worker's earnings from the day of the end of the accident incapacity until the end of 1961.
(2) On the basis of the average monthly net earnings established in the manner referred to in paragraph 1, benefits shall be paid to the worker for the future earnings until 31 January 1963. In January 1963 and in January of each subsequent calendar year, a new conversion of these benefits will be made, on the basis of the average monthly net earnings calculated from the earnings for the preceding calendar year.
The Directives of the Central Council of Trade Unions No 11 / 1957 of the Úl for the consideration of accidents at work and claims for compensation and the Ordinance of the Ministry of Health No 208 / 1958 Ú. l., on the assessment of the justification and proportionality of the painful. * *)
This decree shall take effect on 1 February 1962.
Chairman of the Central Council of Trade Unions:
Zupka v. r.
Minister for Health:
Plojhar v. r.
Chairman of the State Social Security Office:
Erban v. r.
Table 1
Annex to Outlet No 7 / 1962
BALANCE ASSESSMENT
A. Principles
1. Painful is the case if there have been objectively detectable changes in the body which have been caused by the injury and cause pain during the injury, treatment or removal of its consequences.
2. In the context of pain, it is not assessed:
(a) the damage suffered by other components of compensation, such as the loss of earnings, shall be compensated in the context of the loss of earnings; the pain of future (subsequent) and the pain resulting from changes already permanent are compensated as a complication of social application if they have such an effect;
(b) simple mental reactions to the disease caused by an accident and are transient, such as grief over an accident or accident of another person, fear, escape, fears, scary dreams; However, the suffering caused by organic disturbance of the nervous system shall be assessed;
(c) short-term changes in the organism which do not require treatment or are not objectively detectable.
3. Painful must be proportionate to the nature of the injury or, in the case of occupational diseases, the nature of the damage (hereinafter "injury ') and the course of its treatment. These circumstances should be carefully identified in the medical file. Both of these measures are intended to express the difference in pain by person damaged; Therefore, within the range between the lower and the upper limit of the rate set out in the tables, account shall be taken of the overall state of the organism at the time of the injury and at the time of treatment, physical hardships and distress from restrictions on movement, helplessness or nervous system disorders. In complications that make the treatment more difficult and in other circumstances that increase pain, it increases painful in accordance with the conditions laid down in paragraphs 6 and 9.
4. According to this table, it is also assessed painful for occupational diseases and for acute and subacute poisoning, which have not left permanent changes. In these cases, painful including the severity and overall duration of the pain related to the clinical course of the disease, the doctor assesses the separation (ordinariate, clinic) of the occupational disease. For the lighter and shorter course of the disease, your doctor will determine the amount of pain at the lower limit of the range in section B, for the harder and longer course at the upper limit.
5. If the injury considered is not in Section B, the injury rates likely to be compared to those of pain shall be applied. Pain up to 10 points is not evaluated.
6. The painful determined in accordance with the preceding paragraphs shall be increased:
(a) up to half if an early infection has occurred (except tetanus),
(b) up to half if it is a dislocated fracture which has been corrected in total or local numbness. This increase can only be applied once,
(c) one half if the nature of the injury required immediate surgery. Injections, joint puncture, chest and tubers are not considered surgery,
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Decree of the Central Council of Trade Unions, Ministry of Health and State Social Security No. 7 / 1962 Coll., implementing certain provisions of the Act on compensation for accidents and occupational diseases |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.01.1962 |
|---|---|
| Effective from | 01.02.1962 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0