Disability / Work Injury Benefit
Work injuries are divided into four categories: (i) permanent total incapacity (ii) permanent partial incapacity (iii) temporary incapacity and (iv) fatal injury leading to death of a worker.
Accidents occurring to workers or paid or non-paid apprentices in whatever capacity at whatever location by whatever causes while performing their duty, whether or not they are the result of the workers' fault, are regarded as work-related accidents. In addition, accidents, which occur to workers during their journey from home to work, or from work to receive their wages and their return, without detour to other places for personal interests or to places not required by the work, are also regarded as occupational accidents.
Vocational illnesses as specified in the law are regarded as occupational accidents. In the case of permanent incapacity/disability (over 20% disability), the worker with the degree of disability up to 50% is entitled to the half of the annual actual earnings x percentage of disability. The worker with more than 50% disability is entitled to the (annual actual earnings) x [(25%) + (1.5 x (% incapacity - 50%))]. If a disability requires constant care from another person, this compensation must be increased by 40%. In the case of temporary disability and permanent disability of less than 20% incapacity, worker is entitled to the daily wages from the fifth day of disability until the worker is certified fit for work by a doctor specified by the Ministry.
In the case of fatal injury, dependents (widow/ widower, children, parents) receive survivors' pension. 30% of average annual earnings paid as survivors' benefit to the spouse. Orphans (first and second child) receive 15% of the survivors’ benefit however third child and any subsequent number of children receive only 10% of the survivors' benefit. The total benefit however cannot exceed 85% of the annual basic wage. Orphans receive annuity if they are sixteen years or younger and still unmarried. Survivors' pension can also be paid as lump-sum. Survivors’ benefits also include funeral grant (3 month salary).
Sources: §252-253 of the Labour Law, promulgated by Royal Order No. CS/RKM/0397/01 of 13 March 1997 (amended in 2021); Prakas 243/2002
