Disability / Work Injury Benefit
What is the relevant legislation on work injuries and relevant benefits?
The Decent Work Act and Social Security Law are the relevant legislation on work injury and benefits. Employees must notify their employer in writing within 60 days of the accident or injury for compensation. They must undergo medical examinations if required; refusal may lead to benefit termination. Dependents of a deceased employee must allow a medical examination to determine the cause of death or risk losing compensation.
Who is required to pay for work injury benefits?
Employers, employees, and the government share responsibility for medical benefits and rehabilitation.
Payments of all the benefits, including medical care from the Employment Injury Division/benefits, are made out of the employment injury fund, and the Medical Board decides medical claims.
Law entitles employees with work injury benefits if the injury causes loss of either temporary or permanent physical and mental disability. Employers must provide immediate medical care, but insured workers may seek reimbursement from NASSCORP.
What percentage of the monthly salary is paid as an employment injury benefit in the case of permanent total disability?
In case of total permanent disability, the employees are entitled to compensation equivalent to 65% of their monthly wage. Insured persons entitled to permanent total disability benefits also receive a 25% constant attendance allowance if they are severely incapacitated and require continuous personal assistance, subject to verification by a medical board following prescribed regulations.
What percentage of the monthly salary is paid as an employment injury benefit in the case of permanent partial disability?
Employees are entitled to compensation for partial disability which is equivalent to the full permanent disability pension calculated based on the assessed degree of disability.
What percentage of the monthly salary is paid as an employment injury benefit in the case of temporary disability?
The persons who sustain temporary disability are periodically paid throughout the period of such incapacity. If the disability of a temporarily or permanently disabled person has been assessed to be 100% disability, the rate of permanent disability benefit is 65% of such disabled person’s assumed coverage monthly remuneration or the average of assumed daily remuneration as mentioned in the regulations.
The payments are made for the entire period of temporary disability. There is a waiting period of 14 days for payment of temporary disability benefits.
Does the law provide for different kinds of work injury benefits with at least 50% of the reference wage?
Work injuries are divided into four categories:
- permanent total incapacity
- permanent partial incapacity
- temporary incapacity and
- Fatal injury leading to death of a worker.
In all cases, the benefits are based on at least 50% of the reference wage, with 65% being the standard rate for permanent total disability. A compensable occupational injury includes any work-related illness or injury, except communicable diseases, unless the job increases the risk.
What percentage of the salary is paid to the spouse as a survivor's benefit?
In case of the death of employees due to occupational injury, the survivors are entitled to a lump sum amount. The eligible survivors are widows, widowers, children or parents. A percentage of the permanent disability pension the deceased received or was entitled to receive is paid as a lump sum to a dependent spouse. A percentage of the permanent disability pension the deceased worker received or was entitled to receive is paid as a lump sum to each orphan younger than age 21. If there are no other eligible survivors, a percentage of the permanent disability pension the deceased worker received or was entitled to receive is paid as a lump sum to a dependent parent. The benefit is split equally if there is more than one eligible survivor.
Sources: §30.1-33.9 of the Decent Work Act, 2015; §89 of NASSCORP Social Security Law, 2017; ISSA Country Profile for Liberia
