Employment Injury or Occupational Disease Benefit (Workplace Related Benefits)
In case of work accident or work injury, SSO members are entitled to comprehensive services and financial compensation. SSO distinguishes between Employment Injury and Occupational Disease Benefit. Whereas the Employment Injury Benefit financially compensates for the consequences caused by an accident during working time, the Occupational Disease Benefit is paid for a chronic disease caused by the work, which has to be reflected by the list of occupational diseases of the Ministry of Health. The contributions for being entitle to workplace related benefit are paid by the employer alone for all his insured employees.
Employment Injury
The employment injury constitutes an injury, disability, invalidity or death of employees caused by an accident during the performance of work for their employer.
Occupational Diseases
All types of diseases obviously arising from occupations and affecting the body and mind of the employee in a chronically manner are considered as occupational diseases. The occupational disease has to be in line with the list of occupational diseases of the Ministry of Health. However, if the particular disease is not included in the list, it could also be accepted as occupational disease by a certificate of SSO's Medical Board, which confirms that such diseases truly arose from the occupation of the concerned employee.
Eligibility
All employees, for whom their employer has paid contributions, are entitled to receive the workplace related benefits. However, if the insured person has intended himself an accident, there will be no entitlement to the employment injury benefit.
The workplace related benefit package
The employment injury or occupational disease benefits will be composed of one or more of the following benefits:
Medical care benefit;
Benefit for temporary loss of working capacity;
Caretaker benefit;
Benefit for permanent loss of working capacity;
Funeral benefit;
Survivors' benefit.
Medical Care
The medical care benefits under the workplace related benefits are similar to these described in the section Medical Care Benefit.
Temporary Loss of Working Capacity
During sick leave following an employment injury or occupational disease, the insured person is entitled to receive a sickness benefit for temporary loss of working capacity until he/she is able to resume wor SSO will pay the equivalent of 100% of the insured salary or wage of the insured person for a period of 6 months. However, the first 7 days will always have to be paid by the employer.
If the insured person's health status has not improved in the course of the 6 months, the sickness benefit will be reduced to the equivalent of 60% for a period of another 18 months. Thereafter, his entitlement will switch to a benefit for permanent loss of working capacity.
Partial Return to Work
Upon the expiry of the sick leave, and if the employee's health has improved but not yet fully normalized, the employer has the duty to seek another work appropriate to his current health condition. In case the employer refuses to comply without sufficient justification, SSO will claim the reimbursement of the benefits paid from the employer. If the new job is on a part-time basis with less income, SSO will pay the difference between the previous and current wage. In the case of the employee's refusal of the new job without sufficient justification, the benefit will be reduced according to his health status.
Permanent Loss of Working Capacity
Under the condition the employee is due to an employment injury or occupational disease permanently unable to work on a permanent basis, he/she can apply for permanent loss of working capacity benefit until he/she reaches the retirement age.
The calculation of a benefit for permanent loss of working capacity is based on the proportion of lost working capacity multiplied by 67.5% of the average contributable earnings in the last 12 months prior to the accident.
Example: The lost of working capacity is 70% and the average earning in the last 12 months is 1,000,000 Kip, the monthly benefits will be at 70% x 67.5%
x 1,000,000 = 472,500 Kip.
Payment of Benefit
The disbursement of a benefit for the loss of working capacity is made on a monthly basis. However, in case a loss of less than 25% of working capacity, the benefits can also be paid as single lump sum. This lump sum will be paid on a yearly basis.
Health Protection and Rehabilitation
A person with temporary or permanent loss of working capacity will also receive rehabilitation and occupational training. If such employee refuses to undergo such rehabilitation and occupational training, SSO will terminate the payment of benefits to such employee.
Benefit for Caretakers of Persons with Loss of Working Capacity
In case an employee with loss of working capacity is unable to move alone, SSO will provide benefits to caretakers. Such benefits are assessed on an hourly basis according to the time spent by caretakers in looking after the person sustaining a loss of working capacity based on the minimum salary or wage set by the Government.
Death and Survivors' Benefit
In case the employee dies due to a work accident or after having suffered from an occupational disease, SSO will pay a funeral benefit equivalent to 6 months of the insured person's insured earnings. Thereafter, his/her spouse and dependents are entitled to receive a survivors' benefit (see section on Survivors' Benefit).
Conditions for receiving Survivors'
To receive Survivors' Benefits, the spouse of a passed-away insured person has to fulfill at least one of the following conditions:
The surviving wife has reached 44 years of age or more;
The surviving wife who is disabled or without working capacity.
The surviving wife has at least one child under the age of 18;
The surviving husband is disabled or unable to work.
SSO will pay a widow(er) benefit only under the condition that the person concerned has not re-married. In case such person has re-married and the new marriage ends within one year, the person concerned will be entitled to receive a widow(er) benefit from the former spouse. In case the new marriage ends by the death of the new spouse after one year and if the new spouse is insured, the person concerned is entitled to select receiving benefit entitlements from the previous or the new spouse.
Benefits for Surviving Children
Children of the deceased person, whether they are offspring, stepchildren or adopted children, are entitled to receive surviving benefits. Surviving children less than 18 years of age will receive an orphans' benefit. In case surviving children are undertaking studies on a continuous and full-time basis, such benefit will be payable until they reach the age of 25. If surviving children are disabled and unable to work, such benefit will be permanent.
Benefits for Surviving Parents
In case a deceased employee is not married, his/her surviving parents will receive a survivors' benefit only if the deceased took care of his/her parents.
Calculation of Benefit
The survivors' benefit is paid on a monthly basis and is calculated as follows:
Surviving spouse or parent benefit equal to 50% of the average insured earning over 12 months.
Surviving children benefit equal to 15% of the average earnings during 12 months of insurance. In case there is no surviving spouse or parents, each child will receive benefits equal to 20%, and in case of several children, such benefits must not exceed 60%.
The maximum survivors' benefit will not exceed the benefit payable for assumed permanent loss of working capacity.