>> de | en | fr  N° 91-2005 / 19.12.2005
 

J.S.I.S.

Joint Sickness Insurance Scheme



ACCIDENT AND OCCUPATIONAL DISEASE INSURANCE
NEW RULES ENTERING INTO FORCE
ON 1 JANUARY 2006

Following the reform of the Staff Regulations, the common rules on cover against the risk of accident and occupational disease (Article 73) have been amended. The new rules will enter into force on 1 January 2006.

REMINDER OF THE MAIN ASPECTS OF ACCIDENT INSURANCE

Who is covered?

Officials, temporary staff and contract staff.
Not covered: retired staff and the family members of staff. Pursuant to Article 85a of the Staff Regulations, however, these persons must report an accident if they are covered by the JSIS and if a third party is responsible.

What is covered?

  1. Occupational and private accidents (24 hours a day throughout the world).
     
  2. Occupational diseases listed in the European Schedule of Occupational Diseases annexed to the Commission recommendation of 19 September 2003, or any other illness which is proven to have been caused by working for the Communities.

What do the insurance benefits comprise?

  • Medical expenses are reimbursed at 100% (the insurance defrays the balance not reimbursed by the Joint Sickness Insurance Scheme).
     
  • A lump sum is paid in the event of total or partial permanent invalidity.
     
  • A lump sum is paid in the event of accidental death.

What must you do in the event of (a) accident or (b) occupational disease?

  • (a) Submit an accident declaration (form available at the website referred to below) together with a confirmatory medical certificate within 10 working days (this is in addition to the medical certificate stating that you are unable to work, which must be sent to the Medical Service).
     
  • (b) Submit an occupational disease recognition request (there is no form for this) by sending a note specifying the nature of the condition together with a medical certificate.
     
  • Submit the medical expenses relating to the accident or occupational disease on a separate form, stating the date of (a) the accident or (b) the occupational disease recognition request.

CHANGES UNDER THE NEW RULES

The purpose of the changes is to clarify, simplify and modernise the existing provisions. Some changes derive from the new Staff Regulations, others from Court of Justice case law. The main changes are outlined below.

Terms of cover

The definition of an accident has been clarified and a number of exclusions specified (e.g. maximum blood alcohol level, list of dangerous sports).

Scales for calculating the permanent invalidity lump sum and additional allowance

Permanent invalidity payments will be calculated using a new European physical and mental disability rating scale, instead of the Belgian official invalidity scale – because the latter is old, difficult to use, and not European in scope.
In the interests of consistency with the new European scale, the terms for granting an additional allowance have been reformulated. Also, in order to specify the parameters of this allowance, an assessment table has been annexed to the rules.

Medical committees

Where an insured person lodges an appeal, his/her doctor must specify the points being disputed. Before confirming the relevant medical committee’s terms of reference for examining the case, the institution will inform the insured person of the fees and expenses liable to be borne by him/her in connection with the appeal.

Monitoring cases

In the interests of sound administrative management, it will be possible to close a case if the insured person fails to attend medical examinations or submit documents when requested to do so.

TRANSITION FROM THE OLD TO THE NEW RULES

The old rules will continue to apply to any draft decision adopted before 1 January 2006, except where a case is reopened due to a worsening of the insured person’s condition.

REFERENCES AND CONTACTS

Detailed information on the relevant legislation, procedures and contacts is available at:
http://www.cc.cec/pers_admin/sick_insur/accident/index_en.html

Postal address: SC 27 03/35,
tel.: (+32-2-29) 60595,
fax: (+32-2-29) 66643,
e mail: accidents-maladies-prof@ec.europa.eu (external) - PMO ACCIDENTS & MALADIES P (internal).

top

   Author: PMO 3