Chapter IX: Employment injuries and occupational diseases

Legislation

Field of application

Risks covered

Occupational diseases

Benefits

Death

Adjustment

Taxation

Return to active life

Legislation

1. First law

2. Basic legislation

Law of 1897.

Social Welfare (Consolidation) Act 1993, as amended.

Field of application

Employed persons and some trainees.

Risks covered

1. Employment injuries

Personal injury incurred as a result of an accident at work, including diseases caused by such accidents.

2. Travel between home and work

Covered.

Occupational diseases

1. Prescribed diseases

56 prescribed diseases set out in the Social Welfare Occupational Injuries (Prescribed Diseases) Regulations 1983, amended 1985

2. Conditions

Enterprises, work

Employment in occupations involving exposure to risk as indicated in the Regulations.

Periods of exposure to risk

No prescribed periods, except for occupational deafness (10 years), Tuberculosis (6 weeks) and Pneumoconiosis (2 years).

Periods of liability

Normally one month for grant of presumption of occupational origin.

For occupational asthma, 10 years; for occupational deafness, 5 years; for tuberculosis, 2 years.

Time limit for declaration

None.

3. Mixed system

Proof system: Claims in respect of upper respiratory tract infection, dermatitis and pneumoconiosis due to mineral dusts, which are not included in the list of prescribed diseases must be proved as being of occupational origin.

Benefits

1. Temporary incapacity:

Benefits in kind

Free choice of doctor or hospital

See Table III "Health care".

Payment of costs and contribution by person involved

Costs of medical care which are not met under the General Medical Health scheme may be paid where such care is considered reasonable and necessary.

No contribution of the person involved: contribution is included in employee's 1.25% contribution to General Health Service (see Table II "Financing - Sickness and Maternity").

Duration of benefits

Unlimited.

2. Temporary incapacity:

Cash benefits

Waiting period

3 days.

Duration

Maximum of 156 days (Sundays excl.).

Amount of the benefit

IR£ 67.50 (ECU 87) per week.

Additional allowances payable for dependants.

3. Permanent incapacity:

Minimum level of in- capacity giving entitle- ment to compensation

1 %.

Fixing level of incapacity

Disablement is assessed by the Department of Social, Community and Family Affairs following medical examination.

Possibility of review

At end of any provisional assessment period, or earlier if circumstances alter.

Basic earnings used for calculating annuity

Not applicable; benefits are not based on earnings.

Amount or formula

The rate of disablement benefit depends on the degree of disablement (physical or mental):

• Disablement degree of 1 % to 19 %:
• Gratuity paid (see "Redemption").

Disablement degree of 20 % to 100 %:

• weekly pension paid. The level of pension depends on the degree of disablement. Example: IR£ 91.20 (ECU 118) per week when "t" = 90 % to 100 %.

Supplements for dependants

Increases for dependants are payable to a recipient of Disablement Benefit who is also receiving Sickness Benefit or Unemployability Supplement (see Other Benefits below).

Rates (per week):

• Adult dependant: IR£ 40.00 (ECU 52).
• Child dependants: IR£ 13.20 (ECU 17).

Supplements for care by another person

Constant attendance allowance for a beneficiary receiving 100 % disablement pension who requires regular attendance.

Standard rate:

IR£ 38.80 (ECU 50) per week.

Reduced rate:

IR£ 19.50 (ECU 25) per week.

Exceptionally disabled:

IR£ 58.00 (ECU 75) per week.

Exceptionally severe cases:

IR£ 74.60 (ECU 97) per week.

Redemption

If the level of disablement is under 20 %, payment is normally a lump sum gratuity calculated according to the level of disablement and to its probable duration.

Accumulation with new earnings

Full accumulation permitted.

Accumulation with other pensions

Full accumulation permitted.

4. Other benefits

Several supplements are available in cases of disablement:

Sickness benefit in cases of incapacity for work (see Table IV);

Unemployability supplement if sickness benefit not payable. The rates are the same as for sickness benefit.

Death

1. Surviving spouse

Widow: Pension of IR£ 89.40 (ECU 116) a week.

Widower: Pension of IR£ 89.40 (ECU 116) a week if incapable of supporting himself by reason of illness or invalidity.

A pension supplement of IR£ 6.00 (ECU 7.80) per week is paid to widow(er) aged 66 or over who is living alone.

2. Orphans of the father or of the mother

The widow(er)'s pension is increased by IR£ 17.00 (ECU 22) per week for children under 18 years of age (under 22 years if the child is in full-time education).

3. Orphans of parents

Orphans allowance:

IR£ 47.90 (ECU 62) per week for each child.

4. Dependent parents and other relatives

Dependant parents maintained by:

Unmarried worker:

IR£ 89.40 (ECU 116) per week for one parent. IR£ 38.80 (ECU 50) per week for other parent.

Married worker:

IR£ 41.80 (ECU 54) per week for each parent.

5. Maximum for all beneficiaries

No limit.

6. Capital sum on death

Funeral grant of IR£ 320 (ECU 415).

Adjustment

Benefits are normally increased once a year.

Taxation

1. Taxation of cash benefits

Employment Injuries Benefits are fully liable to taxation (including supplements for child and adult dependants). However, in the case of Injury Benefit, the child supplement is exempt from taxation.

2. Limit of income for tax relief or tax reduction

See Table IV "Sickness - cash benefits".

Return to active life

1. Rehabilitation, retraining

Rehabilitation services and vocational training are available free of charge to disabled persons under the Health Acts. Contributions may be made from the Social Insurance Fund.

2. Preferential employment of handicapped persons

Public authorities reserve up to 3 % of suitable positions for disabled persons.

3. Change of employment

Conditions

As under "Rehabilitation, retraining" above.

Compensation

None.