The Entitlement to Employment Injury
All workers of the enterprises/establishments, registered in NSSF, are entitled to enjoy the benefits of employment injury when the workers suffering from the employment injury.
Employment injury consists of work injury, commuting accident, and occupational diseases. Health facilities, poly clinics, or general practitioners are recognized by the National Social Security Fund.
The benefits of employment injury comprising:
Provision of Emergency Services
In the event of workplace accident, employer shall provide the nearest emergency services and then send the victim to the health facility or poly clinic recognized by NSSF. The expense of emergency service and sending the victim to the health facility or poly clinic above is borne by NSSF. In case of commuting accident, the victim or employer can claim the reimbursement for the expense of emergency service from NSSF.
Provision of Medical Care and Treatment
Medical care and treatment for the workers suffer from the employment injury in the health facility or poly clinic recognized by NSSF.
Workers suffering from the work injury are entitled to get medical care and treatment or confinement in the health facilities or poly clinics recognized by NSSF based on the agreement between NSSF and health facilities or poly clinics concerned.
Provision of the Temporary Disability Benefits
A period of in-patient or treatment of occupational diseases in the health facilities or poly clinic, medical convalescent, and temporary disability. The workers suffering from the employment injury are entitled to receive the benefits from NSSF as follows:
- Daily allowance is granted by calculating from the second day following the date of accident.
- Caretaker allowance of the victim in a period of in-patient in the health facilities or poly clinics.
The first day wage of the working suspension of victim shall be borne by the employers.
Daily allowance for temporary disability equals 70% of daily average wage. Caretaker allowance in the health facilities or poly-clinics equals 50% of daily allowance of the victim.
Daily allowance for temporary disability shall be granted to the victim until recovery.
Provision of the Permanent Disability Benefits
The workers suffering from the work injury results in permanent disability incurred less than 20% are entitled to enjoy the disability allowance. This allowance shall only be granted to the victim by calculating as the following formula:
LS = DAW x DD x 20% APV
– LS: Lump Sum
– DAW: Daily Average Wage
– DD: Degree of Disability
– APV: Actuarial Present Value
The workers suffering from the work injury results in the disability incurred at least equally to 20% are entitled to enjoy the permanent disability pension. This pension shall be calculated the following formula:
P = DAW x (DD – 1/5DD)
– P: Disability Pension
Permanent disability pension shall always be regarded as the temporariness. NSSF shall reorganize to investigate the medical check-up and earning capacity no later than a period of 1 year. The victim enjoying pension shall be compulsory to have the medical check-up regulated by NSSF.
Funeral Allowance
In the event that the work injury results in death, the survivor who organize the funeral shall be granted 4,000,000 (four million) Riel for the funeral allowance. This allowance shall be provided to the survivor of the victim for holding the funeral.
Survivors’ Benefit
The Survivor of the victim suffering from the work injury, as set forth in Article 34 of Sub-decree No. 16 SD/E, dated March 02, 2007 concerning the Establishment of the National Social Security Fund, is entitled to have the survivors’ benefit.
Survivors’ benefit is pension that is granted to the beneficiary of victim as the following rate:
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a. In the case that beneficiary has spouse, children, parents, or ageing persons
- Spouse = 3/5 x 63% DAW
- Pension for children = 2/5 x 63% DAW
- Pension for parents or ageing persons = 7% DAW
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b. In the case that beneficiary has spouse and children
- Spouse = 3/5 x 70% DAW
- Pension for children = 2/5 x 70% DAW
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c. In the case that beneficiary has only parents or ageing persons
- Pension for parents or ageing persons = 28% DAW
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d. In the case of beneficiary has children, parents, or ageing persons
- Pension for children = 28% DAW
- Pension for parents or ageing persons = 28% DAW
-
e. In the case that beneficiary has spouse, parents, or ageing persons
- Spouse = 28% DAW
- Pension for parents or ageing persons = 28% DAW
The beneficiary as a spouse of the victim has to have legal marriage certificate. The entitlement of pension for the beneficiary, as a spouse, shall be expired as long as the spouse engages in the new marriage. In case of remarriage, the spouse concerned shall inform NSSF no later than a qualified period of 30 days following the date of the registration of legal marriage certificate. If the spouses concerned fails to notify their own legal marriage certificate, they shall be fined as set forth in Article 38 of the Law on the Social Security Schemes for Persons Defined by the Provisions of the Labour Law.
The beneficiary as children shall have conditions as set forth in B of Article 34 of Sub-decree No. 16 SD/E, dated March 02, 2007.
The entitlement of pension of beneficiary shall be abolished when the beneficiary passes away.
Rehabilitation Services
The workers suffering from the work injury results in the permanent disability are entitled to have prosthesis limp / tools in compliance with the doctor or medical practitioner recognized by NSSF.
The workers suffering from the work injury results in the permanent disability are entitled to get the rehabilitation services in compliance with the partly regulated conditions in Prakas of Ministry of Labour and Vocational Training.
TABLE OF DEGREE OF DISABILITY
| PART I LIST OF COMPLETELY PERMANENT DISABILITY | ||
| No. | Description of Injury | Percentage of Disability |
| 1 | Loss of both hands or amputation at higher sites | 100 |
| 2 | Loss of a hand and a foot | 100 |
| 3 | Double amputation through leg or thigh, or amputation through leg or thigh on one side and loss of other foot | 100 |
| 4 | Loss of sight to such an extent as to render the claimant unable to perform any work for which eyesight is essential | 100 |
| 5 | Very severe facial disfigurement | 100 |
| 6 | Absolute deafness | 100 |
| PART IILIST OF PARTLY PERMANENT DISABILITY | ||
| Amputation-upper limbs (either arm) cases | ||
| 1 | Amputation through shoulder joint | 90 |
| 2 | Amputation below shoulder with stump less than 8” from tip of acromion | 80 |
| 3 | Amputation from 8” from tip of acromion to less than 4Vi’’ below tip of olecranon | 70 |
| 4 | Loss of a hand or of the thumb and four fingers of one hand or amputation from 41/2” below tip of olecranon | 60 |
| 5 | Loss of thumb | 30 |
| 6 | Loss of thumb and its metacarpal bone | 40 |
| 7 | Loss of four fingers of one hand | 50 |
| 8 | Loss of three fingers of one hand | 30 |
| 9 | Loss of two fingers of one hand | 20 |
| 10 | Loss of terminal phalanx of thumb | 20 |
| Amputation –Lower Limbs Cases | ||
| 11 | Amputation of both feet resulting in end-bearing stumps | 90 |
| 12 | Amputation through both feet proximal to the metatarsal-phalangeal joint | 80 |
| 13 | Loss of all toes of both feet through the metatarsal-phalangeal joints | 40 |
| 14 | Loss of all toes of both feet proximal to the proximal inter-phalange joint | 30 |
| 15 | Loss of all toes of both feet distal to the proximal inter-phalangeal joint | 20 |
| 16 | Amputation at hip | 90 |
| 17 | Amputation below hip with stump not exceeding 5’’ in length measured from tip of great trochanter | 80 |
| 18 | Amputation below hip with stump exceeding 5’’ in length measured from tip of great trochanter but not beyond middle thigh | 70 |
| 19 | Amputation below middle thigh to 3’/2 below knee | 60 |
| 20 | Amputation below knee with stump exceeding 3 1/2” but not exceeding 5” | 50 |
| 21 | Amputation below knees with stump exceeding 5” | 40 |
| 22 | Amputation of one foot resulting in end-bearing | 30 |
| 23 | Amputation through one foot proximal to the meta torso phalangeal joint | 30 |
| 24 | Loss of all toes of one foot through the meta torso phalangeal joint | 20 |
| 25 | Loss of one eye, without complications, the other being normal | 40 |
| 26 | Loss of vision of one-eye without complications or disfigurement of eye-ball, the other being normal | 30 |
| 27 | Permanent total loss of hearing in one ear loss of | 20 |
| A. Fingers of right or left hand | ||
| 28 | Whole | 14 |
| 29 | Two phalanges | 11 |
| 30 | One phalanx | 9 |
| 31 | Guillotine amputation of tip without loss of bone | 5 |
| Middle Finger | ||
| 32 | Whole | 12 |
| 33 | Two phalanges | 9 |
| 34 | One phalanx | 7 |
| 35 | Guillotine amputation of tip without loss of bone | 4 |
| Ring or Little Finger | ||
| 36 | Whole | 7 |
| 37 | Two phalanges | 6 |
| 38 | One phalanx | 5 |
| 39 | Guillotine amputation of tip without loss of bone | 2 |
| B. Toes of right or left foot | ||
| Great toe | ||
| 40 | Through metatarsal-phalangeal joint | 14 |
| 41 | Part, with some loss of bone | 3 |
| Any other toe | ||
| 42 | Through metatarsal-phalangeal joint | 3 |
| 43 | Part, with some loss of bone | 1 |
| Two toes of one foot, excluding great toe | ||
| 44 | Through metatarsal- phalangeal joint | 5 |
| 45 | Part, with some loss of bone | 2 |
| Three toes of one foot, excluding great toe | ||
| 46 | Through metatarsal-phalangeal joint | 6 |
| 47 | Through metatarsal-phalangeal joint | 3 |
| Four toes of one foot, excluding great toe | ||
| 48 | Through metatarsal-phalangeal joint | 9 |
| 49 | Through metatarsal-phalangeal joint | 3 |
(Note: Completely permanent disability of using any parts of body according to this table shall be regarded as the proportional value equal to loss of those parts of body.)
