Relevant changes to the law on insurance against accidents at work and occupational diseases – Part Two

Relevant changes to the law on insurance against accidents at work and occupational diseases – Part Two

 

 

We continue today the topic addressed in the article published here on the site on March 5, 2018 and we inform you about the amendments to the Law no. 346/2002 on insurance against accidents at work and occupational diseases, adopted by OUG 103/2017, amendments that have entered into force as of 1 January 2018.

The main legislative changes concern the following aspects:

  1. As regards the indemnity for temporary incapacity for work, it will be calculated and paid by the employer, who subsequently recovers from the territorial pension house on the basis of the supporting documents, the amounts provided in the state social insurance budget for accidents insurance work and occupational diseases.
  2. Recovery of the above allowance may be made within 90 days of the date of confirmation of the accident or sickness work, as the case may be.
  3. The basis for calculating the allowances for temporary work incapacity, reduction of working time or temporary shift to another job is determined as the average of the gross earnings defined according to the Law no. 227/2015 on the Fiscal Code, as subsequently amended and supplemented, made monthly by the insured, from salaries or income assimilated to salaries in the last 6 months preceding the first day of sick leave.
  4. The amending legislative ordinance brings novelties regarding the granting of subsidized treatment tickets through the county pension houses.
  5. For the purpose of rehabilitation and recovery of work capacity, the treatment tickets are granted to the victims of accidents who do not require individual recovery programs on the basis of a medical recommendation issued by the treating physician.
  6. And from the point of view of the contraventions applied, changes are made. Thus, they constitute contraventions: the employer’s unjustified refusal to pay indemnities, as well as their calculation and erroneous payment. These offenses are sanctioned with a fine between 2500 – 5000 lei.

The legislative changes listed above are mandatory from 1 January 2018 and remain in force until further changes occur.