What is it?
The Employment Injury Benefit is payable to insured persons as a result of any work related accident or prescribed occupational diseases which renders him/her incapable of work.
Persons are entitled to this Benefit from the time they are duly employed. The time of the incapacity shall begin the instant the accident occurred. Therefore, the contribution qualifying condition does not exist under the Employment Injury Benefit.
The survivors of persons who die as a result of disease will be eligible to receive benefits. Unlike the other NIS benefits, the insured person will be able to name a beneficiary. Only in the event of a single insured man or widower who could register one single woman or a widow with whom he lives or a single woman (vice versa). Please note, however, that this must be registered. Registration of a named beneficiary excludes all other persons from being beneficiaries. Registration could be canceled at any time by the wish of the insured person.
It is mandatory for employers to insure all employees, regardless of age, against employment injury.
Contributions of 0.5% of insurable earnings are paid into the Employment Injury Programme by the employer.
The following benefits are payable under the Employment Injury Benefit Branch:
- Injury Benefit.
- Disablement Benefit
- Constant-attendance allowance
- Medical Expenses
- Funeral Grant
- Death Benefit
Injury Benefit
The employment injury benefit is payable to any insured person who is incapable of work as a result of any employment related injury or occupational disease. It takes effect from the time that the accident occurs. Injury Benefit is paid up to a maximum period of 26 weeks (156 cumulative days), as long as the incapacity exists. The daily rate of Injury Benefit is 70% of average weekly insurable earnings of the insured person divided by 6.
Payment is not normally made for the first 3 days of incapacity for work. These are treated as “waiting days”, as in the case of Sickness Benefit.
How To Claim Injury Benefit
- Employees must report the accident to their employers or someone in authority as soon as possible.
- Employers are required to investigate the circumstances of the accident and submit a written report to the Board within 10 working days.
- Employees should visit their doctor immediately, or go to the hospital to get the Medical Report Form certified.
- Employees are required to complete and sign the Claim Form and submit it to the NIS office within 15 days from the date of the accident or development of the disease.
Disablement Benefit
This benefit is payable to an insured person who, following the end of the period for which injury benefit is payable, is suffering from a loss of physical or mental faculty as a result of an employment accident or a prescribed disease. The benefit may be either a Pension or Grant.
If the disability is a loss of 30% or more of physical or mental faculty then a Pension is paid. The pension is paid for life or until the disability ceases. If the disability is a loss of less than 30% of physical or mental faculty then a Grant is paid. This will be a lump sum payment.
Description of Injury | Degrees of Disablement (percent) |
---|---|
Loss of both hands or amputation at higher sites | 100 |
Loss of hand and foot | 100 |
Double amputation through leg or thigh on one side and loss of other foot | 100 |
Loss of sight to such an extent as to render the claimant unable to perform any work for which eyesight is essential | 100 |
Very severe facial disfigurement | 100 |
Absolute deafness | 100 |
Forequarter or hindquarter amputation | 100 |
Amputation through shoulder joint | 90 |
Loss of arm between wrist and elbow | 80 |
Loss of arm at elbow | 70 |
Loss of hand or of thumb and four fingers of one hand | 60 |
Loss of thumb | 30 |
Loss of thumb and its metacarpal bone | 40 |
Loss of four fingers of one hand | 50 |
Loss of three fingers of one hand | 30 |
Loss of two fingers on one hand | 20 |
Loss of terminal phalanx thumb | 20 |
Amputation Cases – Lower Limbs | |
Amputation of both feet resulting in bearing stumps | 90 |
Amputation of both feet proximal to the metatarsi-phalangeal joint | 80 |
Loss of all toes of both feet through the metatarsi-phalangeal joint | 40 |
Loss of all toes of both feet proximal to the proxima inter-phalangeal joint | 20 |
Amputation at hip | 90 |
Amputation at or above knee but below hip | 80 |
Amputation below knee | 60 |
Amputation of one foot resulting in bearing stump | 40 |
Amputation through one foot proximal to the metatarsi-phalangeal joint | 30 |
Other Injuries | |
Loss of toes of one foot through the metatarsi phalangeal joint | 20 |
Loss of one eye, without complications, the other being normal | 40 |
Loss of vision of one eye, without complications or disfigurement, the other being normal | 30 |
Index Finger Loss (Right Hand) | |
Whole | 14 |
Two phalanxes | 11 |
One phalanx | 9 |
Index Finger Loss (Left Hand) | |
Whole | 12 |
Two Phalanxes | 9 |
One Phalanx | 7 |
Guillotine amputation to tip without loss of bone | 4 |
Ring or Little Finger (Right Hand) | |
Whole | 7 |
Two Phalanxes | 6 |
One Phalanx | 5 |
Guillotine amputation of tip without loss of bone | 2 |
Through metatarsi – phalangeal joint | 14 |
Part, with some loss of bone | 3 |
Ring or Little Finger (Left Hand) | |
Through metatarsi – phalangeal joint | 3 |
Part, with some loss of bone | 1 |
Two Toes of One Foot, Excluding Great Toe | |
Through metatarsi – phalangeal joint | 5 |
Part, with some loss of bone | 2 |
Three Toes of One Foot, Excluding Great Toe | |
Through metatarsi – phalangeal joint | 6 |
Part, with some loss of bone | 3 |
Four Toes of One Foot, Excluding Great Toe | |
Through metatarsi – phalangeal joint | 9 |
Part, with some loss of bone | 3 |
Constant Attendance Allowance
An additional allowance known as “Constant Attendance Allowance” may be paid to an injured person whose disablement is 100% and who requires the constant help of another person. This allowance is equal to one-half (50%) of the Disablement Pension and will be paid for 260 weeks following the date of the disablement. It will not be paid if the person is institutionalised.
Medical Expenses
A person qualifies for a refund of expenses reasonably incurred in the treatment of an employment injury or a prescribed disease. Reasonable expenses include the cost of medicines and traveling reasonably incurred in the treatment of an employment injury or prescribed disease. The fees for medical expenses should not be more than if the insured person were bearing those costs him/herself. The amount of be refunded shall be determined by the Director.
The board has the option of paying directly to the Doctor or institution from which medical expenses were incurred.
Expenses incurred outside of the state must be in line with the expenses that would have been incurred within the state and shall be paid in the state to a representative of the injured insured person.
Funeral Grant
A payment of $4,525.00 is paid to assist with the funeral expenses of the worker whose death results from an accident at work or prescribed disease.
Please note that where death results from employment injury only one funeral grant is paid.
Death Benefit
Death Benefit is payable to the dependents of a person who dies as a result of an employment accident or a prescribed disease, in the following order of priority:
- Widow/Widower
- Unmarried children including adopted children, stepchildren and illegitimate children under 16 years or up to 18 years if in full-time education.
- Any other person including children, not qualifying under (2) and whom the Executive Director adjudges to be a dependent.
- Invalid children, until invalidity continues (1/3 of the benefit).
- Any named beneficiary who does not qualify under any of the above.
This Benefit is payable to the dependents of the deceased person as follows:
- Widow/Widower/Common Law Spouse: 50% of the Benefit for payment. Upon remarriage, a gratuity equal to 52 times the weekly rate of pension entitlement shall be paid.
- Children (Under 16 or 18 if still in school: including legitimate/illegitimate, adopted and step children who were nurtured by deceased – 16.66%of the benefit available. Invalid children will receive 33.33% of the available benefit.
- Other dependent – 16.66% of the available benefit but payable for 52 weeks (such a person must have been a dependent for the necesseties of life)