Article 70. Whenever insured persons are considered to be incurable as diagnosed by the doctors in charge of their treatment, and after notice concerning the results of their convalescent treatment and concerning their return to work has been given, said insured persons if totally or partially disabled according to the finding of the Medical Committee referred to in Article 91 of this law, shall be dealt with as follows:
- If the degree of the insured’s loss of ability to work is 66% or more, he shall be considered to be totally disabled.
- If the degree of the loss of the insured’s ability to work is between 33% to 66%, and it was caused by an employment related accident, he shall be considered to be partially disabled.
- In case the degree of the loss of insured’s ability to work is between 10% to 33% and it was caused by an employment related accident, he shall be entitled to lump sum compensation for loss of limb.
Article 71. An insured who, as the result of an employment related accident or occupational disease is considered to be totally disabled, shall without regard to the period during which he has paid the insurance contribution be entitled to a pension for employment related total disability.
Article 72. The amount of monthly pension for an employment related total disability is equal to one thirtieth of the average wage or salary of the insured multiplied by the years during which the insurance contribution has been paid, provided it is not less than fifty percent of his average monthly wage or salary nor is it in excess of one hundred percent thereof . With regard to insured persons who have a dependent wife or child or a father or mother and whose pension is less than 60% of their average wage or salary, there shall be paid an additional 10% of the pension as a contribution, provided the total pension and contribution do not exceed the 60% .
Note 1. A husband or child or parents shall be considered as dependent on the insured under the following conditions:
- The age of the husband exceeds 60 years, or he is found by the Medical Committee mentioned in Article 91 of this law to be totally disabled, and in either case he does not receive any pension under this law and is supported by his wife.
- The children of the insured who meet the conditions mentioned in clause 3 of Article 58 of this law.
- The age of the father exceeds 60 years, or that of the mother 55 years, or they are found by the Medical Committee mentioned in Article 91 of this law, to be disabled, and are supported by the insured, and in any event receive no pension under this law.
Note 2. The average monthly wage or salary of the insured mentioned in this Article is the total of his wage or salary on the basis of which the insurance contribution has been collected during the 720 day period preceding the employment related accident or the beginning of the occupational disease resulting in the disability, divided by the working days and multiplied by thirty
Article 73. An insured who due to an employment related accident has lost his ability to work by 33% to 66% shall be paid a pension for an employment related partial disability. The amount of pension shall be the result derived from multiplying the percentage of disability times the amount of the total disability pension as determined in accordance with Article 72 of this law.
Article 74. An insured who due to an employment accident has lost the ability to work by 10% to 33% shall be entitled to receive the lump sum compensation for loss of limb. The amount of this compensation shall be 36 times the applicable pension as stipulated in Article 72 of this law multiplied by the percentage of disability.
Article 75. An insured who during the 10 year period preceding the occurrence of a non-employment related accident or the beginning of his sickness, has paid the insurance contribution for at least one year of work including the insurance contribution for ninety days of work during the one year period preceding the accident or sickness, which resulted in the disability, shall in case of total disability be entitled to a monthly pension for non-employment related total disability.
Note . The calculation of the average wage and the disability pension mentioned in the above Article shall be made in accordance with Article 72 of this law, and Note 2 thereunder.
