Understanding Your Rights to Healthcare and Wage Compensation as an Injured Employee
Workplace injuries can be physically and emotionally challenging for employees, but it’s essential to know that there are legal provisions in place to protect injured workers. In this article, we will explore the rights of injured employees to healthcare and wage compensation during their period of temporary incapacity for work caused by a workplace injury or occupational disease.
1. The Right to Healthcare for Injured Employees
In the event of a workplace injury or occupational disease, employees have the right to healthcare and compensation for the entire duration of their temporary incapacity for work. This right is guaranteed under the mandatory health insurance policy, which covers both illnesses and injuries occurring outside of work as well as workplace-related injuries and occupational diseases.
The primary purpose of healthcare under this policy is to preserve, improve, or restore the health of the insured individual. It aims to help them recover and regain their ability to work while also fulfilling their personal needs. All these rights are protected and regulated by Article 51 of the relevant law.
In the central records, comprehensive data is maintained to track the utilization of rights from mandatory health insurance, particularly concerning workplace injuries and professional diseases. This information includes the medical expert institution’s name, assessment number, assessment date, and the diagnosis of the injury or disease according to ICD-10 and in Latin.
2. The Right to Wage Compensation for Injured Employees
Apart from receiving healthcare benefits, injured employees are also entitled to wage compensation during their sick leave. This compensation amount is determined in accordance with the provisions of the Labor Law and is further prescribed by the mandatory health insurance policy.
During temporary incapacity for work caused by a workplace injury or occupational disease, employees have the right to wage compensation for up to 30 days. The compensation amount is set at 100% of the average wage earned during the preceding 12 months before the month in which the temporary incapacity for work occurred. However, it cannot be lower than the minimum wage specified by the relevant law.
The employer is responsible for providing wage compensation for the entire duration of temporary incapacity for work, starting from the first day of the employee’s absence due to the injury. This obligation continues until the employee is fit to resume work.
3. Understanding Wage Compensation After Termination of Employment
In cases where the employment contract is terminated, the employer is no longer obliged to pay wage compensation for the employee’s temporary incapacity for work caused by a workplace injury. However, the employee will still be entitled to wage compensation provided by the relevant health insurance authority from the day following the termination of employment.
It’s important to note that the status of an insured person under the health insurance policy ceases on the day the basis for that status is terminated. This happens when the individual is deregistered from insurance or registered in the central registry of mandatory social insurance, as per Article 30 of the relevant law.
Even after the termination of employment, employees will continue to receive wage compensation if their temporary incapacity for work is caused by a workplace injury. The relevant health insurance authority will ensure that the compensation continues from the day following the termination of employment.
Knowing your rights as an injured employee is crucial for safeguarding your health and financial well-being during a challenging time. The right to healthcare and wage compensation provided under the mandatory health insurance policy ensures that injured workers receive the support they need to recover and get back to work. By understanding these rights, employees can approach their recovery process with confidence and peace of mind.
On the other hand, an injured employee has the Right to Compensation for Material and Non-material Damages