Text consolidated by Valsts valodas centrs (State
Language Centre) with amending laws of:
27 December 1996 [shall
come into force on 7 January 1997];
24 September 1998 [shall come into force on 27 October
1998];
16 December 1999 [shall come into force on 1 January
2000];
23 November 2000 [shall come into force on 1 July
2001]; 26 March 2004 (Constitutional
Court Judgment) [shall come into force on 30 March
2004];
25 November 2004 [shall come into force on 1 January
2005];
14 November 2008 [shall come into force on 1 January
2009];
16 June 2009 [shall come into force on 1 July
2009];
1 December 2009 [shall come into force on 1 January
2010];
20 December 2010 [shall come into force on 1 January
2011];
9 July 2013 [shall come into force on 18 July
2013];
3 April 2014 [shall come into force on 16 April
2014];
23 October 2014 [shall come into force on 1 January
2015];
23 November 2016 [shall come into force on 1 January
2017];
13 November 2019 [shall come into force on 1 January
2020];
21 November 2019 [shall come into force on 1 January
2020];
24 November 2020 [shall come into force on 1 January
2021];
17 December 2020 [shall come into force on 1 January
2023];
8 March 2023 [shall come into force on 1 July 2023].
If a whole or part of a section has been amended, the
date of the amending law appears in square brackets at
the end of the section. If a whole section, paragraph or
clause has been deleted, the date of the deletion appears
in square brackets beside the deleted section, paragraph
or clause.
|
The Saeima1 has adopted and
the President has proclaimed the following law:
On Mandatory Social Insurance in
Respect of Accidents at Work and Occupational Diseases
Chapter I
General Provisions
Section 1. Terms Used in the Law
The following terms are used in this Law:
1) employer - a natural or legal person who employs the
employee or pays for the work of the employee;
2) insurance indemnity - money payments and services to
the insured person, as well as money payments to a successor of
the right to indemnity if an insurance event has occurred;
3) insurance event - the fact, confirmed by relevant
documents, of an accident at work or an accident while on the way
to or from work in a means of transport which is possessed by the
employer, or contracting an occupational disease which has been
determined and has resulted in a temporary incapacity for work,
partial or complete loss of capacity for work, or the death of
the insured person;
4) insured person - a person who is subject to
insurance in respect of accidents at work and occupational
diseases pursuant to the law On State Social Insurance;
5) occupational diseases - diseases characteristic to
certain categories of employees, which are caused by physical,
chemical, hygienic, biological and psychological factors in the
working environment. The list of occupational diseases shall be
approved by the Cabinet;
6) [23 October 2014];
7) loss of capacity for work - temporary or permanent
limitation of physical or mental capacity, not related to ageing,
caused by an accident at work, an accident while on the way to or
from work in a means of transport, which is possessed by the
employer, or by an occupational disease, which encumbers the
integration of the person into society, entirely eliminates or
partly restricts the capacity to work and take care of
oneself;
8) insurance contribution wage - income from paid
employment from which the mandatory State insurance contributions
(hereinafter - the mandatory contributions) are paid or had to be
paid in accordance with the law On State Social Insurance;
9) accident at work - harm caused to the health of the
insured person or the death of the insured person, if the cause
of such is an extraordinary incident, which has occurred within
one working day (shift) during the performance of work duties, as
well as while acting to save any person or property and to
prevent a threat of danger to such;
10) preventive measures - measures subsidised or
organised by the State Social Insurance Agency, the State,
employers and their organisations, organisations of employees, as
well as any other institutions, the purpose of which is to
prevent accidents at work or occupational diseases;
11) successor of the right to indemnity - a person who
has, in accordance with this Law, the right to insurance
indemnity or a part of such, if the consequence of the insurance
event is the death of the insured person;
12) mandatory contributions - the mandatory
contributions for insurance in respect of accidents at work and
occupational diseases paid by the employer pursuant to the law On
State Social Insurance;
13) technical assistance equipment - any equipment or
technical system, specially produced or generally available,
which are used by persons with functional disabilities and which
rectifies, compensates, relieves or neutralises the illness,
disability or feebleness, as well as reduces the possibility of
the onset of disability.
[27 December 1996; 24 September 1998; 16 December 1999; 25
November 2004; 23 October 2014]
Section 2. Purpose of the Law
(1) The Law shall determine:
1) the organising of mandatory insurance in respect of
accidents at work and occupational diseases (hereinafter - the
insurance);
2) the formation and use of the insurance resources;
3) the rights and obligations of insured persons and insurance
institutions;
4) liability for violation of this Law.
(2) The objectives of this Law are:
1) to ensure insurance indemnity, recovery of health and
capacity for work and integration into society of the insured
person if the person has suffered harm from an accident at work
or contracted an occupational disease;
2) to guarantee material support to the successor of the right
to indemnity;
3) to ensure the implementation of preventive measures in
order to improve the working environment, educate employers and
employees, prevent accidents at work and the contracting of
occupational diseases;
4) [23 October 2014].
[24 September 1998; 25 November 2004; 23 October
2014]
Section 3. Scope of Application of
the Law
This Law shall apply to:
1) insured persons;
2) employers.
[16 December 1999]
Chapter II
Organising of Insurance
Section 4. State Social Insurance
Agency
[25 November 2004]
Section 5. Co-operation with State
and Local Government Institutions
[24 September 1998]
Section 6. Tasks of the State Social
Insurance Agency
The State Social Insurance Agency has the following tasks in
insuring against accidents at work and occupational diseases:
1) [25 November 2004];
2) [25 November 2004];
3) [24 September 1998];
4) to ensure insurance indemnity for an insured person or a
successor of the right to indemnity, including cases when the
employer has not made the expected insurance payments in
accordance with the procedures laid down in law;
5) to assess each insurance event and to determine the amount
of insurance indemnity;
6) to control the collection of insurance funds and the use of
the collected funds;
7) [16 June 2009];
8) [25 November 2004];
9) to request from employers the information necessary for the
operation of the State Social Insurance Agency;
10) to examine submissions by employers, insured persons and
successors of the right to indemnity;
11) to request from State and local government authorities the
information necessary for the operation of the State Social
Insurance Agency;
12) to discontinue the payment of insurance indemnity, if it
is ascertained that it was not legally due, as well as in cases
when the insured person has not fulfilled the obligations imposed
on them;
13) to collect, by judicial process, the amounts unduly paid
to an insured person or a successor of the right to indemnity, if
the cause of the undue payments has been the consequences of an
insured person or a successor of the right to indemnity having
knowingly acted in bad faith;
14) [23 October 2014];
15) to collect from the employers, by way of subrogation, the
amounts which have been paid to insured persons or to successors
of the right to indemnity, if an insured person for whom the
employer has not made the due mandatory contributions in
accordance with the procedures laid down in this Law has suffered
harm;
16) to collect the amounts paid to insured persons or to
successors of the right to indemnity, by way of subrogation, from
employers who have not ensured compliance with the requirements
of the Labour Protection Law and other laws and regulations and
as a result, at the premises of such employer a person insured by
another employer has suffered harm while performing his or her
work there at the instruction of his or her own employer.
[27 December 1996; 24 September 1998; 25 November 2004; 16
June 2009; 23 October 2014]
Section 7. Obligations of
Employers
(1) Employers shall have the following obligations:
1) [24 September 1998];
2) to organise without delay rendering of first aid to the
insured person who has suffered harm from an accident at work or
an accident while on the way to or from work in a means of
transport which is possessed by the employer, as well as ensure
their conveyance to a medical institution;
3) to ensure a medical examination of the state of health of
the insured person at a medical institution, if the doctor has
suspicions that an occupational disease has been contracted;
4) to ensure the investigation of an accident at work or an
occupational disease in accordance with the procedures laid down
in law, and, on the basis of the investigation materials, to take
the necessary measures in order to eliminate the causes for
accidents at work and the contracting of occupational
diseases;
5) to pay, out of their own funds, to the insured person who
has suffered from an accident at work a monetary payment for
sickness for the first 10 calendar days in the amount of not less
than 80 per cent of the average monthly earnings;
6) to pay to employees a lump sum benefit to the amount of one
monthly salary (wages) if due to the fault of the employer as a
result of a work accident, the employee has suffered serious
bodily injury.
(2) [24 September 1998]
(3) [24 September 1998]
(4) [24 September 1998]
(5) In accordance with Section 25, Paragraph three of this
Law, the employer shall reimburse, by way of subrogation, the
State Social Insurance Agency the costs related to the insurance
indemnity paid to insured persons and successors of the right to
indemnity, if the employer has not made the mandatory
contributions in accordance with the procedures laid down in
law.
[27 December 1996; 24 September 1998; 16 December 1999; 25
November 2004; 14 November 2008]
Chapter III
Determination of Insurance Indemnity
[24 September 1998]
Section 8. Procedures for
Determination of Insurance Indemnity
The procedures for the use of insurance funds and for the
granting and calculation of insurance indemnity shall be
specified by the Cabinet.
[24 September 1998]
Section 9. Insurance Funds
[24 September 1998]
Section 10. Risk Groups and
Mandatory Contribution Rates
[23 October 2014]
Section 11. Collection and Payment
of Insurance Payments
[24 September 1998]
Section 12. Calculation of Average
Insurance Contribution Wage
(1) The monthly average insurance contribution wage for the
calculation of the compensation for the loss of capacity for work
and the compensation for the loss of a provider shall be
determined from the insurance contribution wage of the insured
person for any 36 consecutive months during the last five years
preceding the day in which the insurance event occurred.
(11) The average insurance contribution wage per
calendar day for the purpose of calculating the sickness benefit
and funeral allowance shall be determined in accordance with the
procedures for the calculation of the sickness benefit and
funeral allowance laid down in the law On Maternity and Sickness
Insurance.
(2) The Cabinet shall specify the conditions for calculating
the average insurance contribution wage for the purpose of
determining the insurance indemnity, including the calculation
formula and the amount of the contribution wage applicable in the
cases when the insured person has had no insurance contribution
wage during the period specified in this Section, as well as the
procedures for calculating the contribution wage.
(3) [23 November 2016]
(4) [23 November 2016]
(5) [23 November 2016]
[24 September 1998; 25 November 2004; 16 June 2009; 23
November 2016; 21 November 2019 / Paragraph 1.1
shall come into force on 1 January 2022. See Paragraph 27 of
Transitional Provisions]
Section 13. Use of Insurance
Funds
(1) [24 September 1998]
(2) [24 September 1998]
(3) For the insured person who has a disability group
determined in relation to an accident at work or occupational
disease, the granted compensation for the loss of capacity for
work shall not be less than the minimum amount of the disability
pension determined for the relevant disability group specified in
the law On State Pensions.
(4) Compensation for the loss of capacity for work and the
compensation for the loss of a provider shall be reviewed in
accordance with the procedures for reviewing the amount of state
pensions laid down in the law On State Pensions.
(5) If the amount of the calculated compensation for the loss
of capacity for work or of the compensation for the loss of a
provider has not been received in time due to a fault of the
institution granting or paying such compensation, the amount of
compensation shall be multiplied by the coefficient of inflation
for such period of time.
(6) Funds of the special budget for occupational accidents,
but not more than 0.5 per cent from the total amount of the funds
of the special budget for occupational accidents laid down in the
annual State Budget Law, shall be spent on financing preventive
measures which are implemented by the Institute for Occupational
Safety and Environmental Health, Agency of the Rīga Stradiņš
University, according to the recommendations of the Ministry of
Welfare.
[27 December 1996; 24 September 1998; 25 November 2004; 16
June 2009; 3 April 2014]
Section 14. Insurance Indemnity
(1) Insurance indemnity shall include money payments and
provision of services to the insured person, as well as money
payments to the successor of the right to indemnity.
(2) The insured person shall be entitled to the following
money payments:
1) sickness benefit;
2) compensation for the loss of capacity for work;
3) [16 June 2009];
4) compensation for additional expenses.
(3) The following services shall be provided for the insured
person:
1) medical treatment, care, and medical rehabilitation;
2) retraining;
3) occupational rehabilitation.
(4) The successor of the right to indemnity is entitled to the
following money payments:
1) compensation for the loss of a provider paid to the family
members of the insured person who are not capable to work and
have been supported by the insured person;
2) funeral allowance for the insured person.
(5) When granting insurance indemnity (money payments for
temporary incapacity for work, loss of capacity for work, loss of
a provider, as well as payments of lump sum benefits and
compensation), its basis shall be the average monthly insurance
contribution wage of the insured person. The monthly compensation
for the loss of capacity for work or the compensation for the
loss of a provider shall not exceed an amount of twenty-five
times the State social security benefit laid down for the persons
referred to in Section 13, Paragraph one, Clause 1 of the Law on
State Social Allowances (hereinafter - the State social security
benefit), and the total amount of the payments specified in
Paragraph two, Clause 4 of this Section shall not exceed
twenty-five times the amount of the State social security benefit
effective on the day in which the insurance event occurred.
(6) Insurance indemnity shall be granted from the day the
right arises, but not sooner than six months before the day of
submitting the request for the indemnity and the documents
necessary for the granting thereof.
(7) Disbursement of the compensation for the loss of capacity
for work or the compensation for the loss of a provider shall be
discontinued when the recipient of the compensation receives an
unemployment benefit. In the case of an overpayment of the
compensation for the loss of capacity for work or the
compensation for the loss of a provider, the amount overpaid
shall be withheld every month in the amount of 10 per cent from
the compensation to be disbursed in the future, on the basis of a
decision of an official of a division of the State Social
Insurance Agency.
(8) One of these services shall be granted to an insured
person who simultaneously has the right to the compensation for
the loss of capacity for work or the compensation for the loss of
a provider, and disability pension in accordance with the law On
State Pensions taking into account the choice of the person.
[27 December 1996; 24 September 1998; 16 December 1999; 23
November 2000; 25 November 2004; 16 June 2009; 23 October 2014;
13 November 2019; 21 November 2019; 24 November 2020]
Section 15. Payment of Insurance
Indemnity for a Past Period
The calculated insurance indemnity which has been granted to
the insured person or the successor of the right to indemnity,
but has not been received by the insured person or the successor
of the right to indemnity in due time, shall be paid for a past
period, but not longer than for:
1) three years - compensation for the loss of capacity for
work, compensation for the loss of a provider;
2) one year - sickness benefits and lump sum benefits.
[24 September 1998; 25 November 2004]
Chapter IV
Rights of Insured Persons and Successors of the Right to
Indemnity and Obligations of Insured Persons
[25 November 2004]
Section 16. Status of an Insured
Person
[24 September 1998]
Section 17. Rights of Insured
Persons and Successors of the Right to Indemnity
(1) The insured person who has suffered harm from an accident
at work or contracted an occupational disease and in respect of
whom an insurance event has occurred shall have the right to
receive insurance indemnity specified in Section 14 of this Law.
This provision shall apply also to a person who is not an insured
person any more, but who has been an insured person at the time
of the occurrence of the insurance event. The insured person for
whom his or her employer has made or he or she has had to make
mandatory contributions for insurance in respect of accidents at
work and occupational diseases for not less than three years has
the right to a compensation due to occupational disease.
(2) The insured person and the successor of the right to
indemnity have the right to receive from the State Social
Insurance Agency any information related to the relevant
insurance event.
(3) The successor of the right to indemnity has the right to
receive the insurance indemnity specified in Section 14 of this
Law, if the death of the person referred to in Paragraph one of
this Section has been caused by an accident at work or an
occupational disease.
(4) If the insured person or the successor of the right to
indemnity who has acquired the right to insurance indemnity in
accordance with this Law leaves Latvia for permanent residence
abroad, such a person shall continue to receive the insurance
indemnity, starting with the day of departure for such period of
time and in such amounts as provided for in this Law.
(5) [25 November 2004]
(6) The insured person and the successor of the right to
indemnity shall lose the right to insurance indemnity, if it is
discovered that he or she is not entitled to such, or the grounds
for the granting (receipt) and disbursement of such has been the
consequence of the insured person or the successor of the right
to indemnity knowingly acting in bad faith.
[27 December 1996; 24 September 1998; 25 November
2004]
Section 18. Obligations of Insured
Persons
Insured persons shall have the following obligations:
1) to observe the requirements of Labour Protection Law and
other laws and regulations, as well as to act in accordance with
the instructions given for the performance of particular work by
the employer or a person who is entitled to give such
instructions on behalf of the employer;
2) if an accident at work has occurred:
a) to notify without delay the employer or an authorised
person of the employer,
b) if their state of health permits, to seek first aid by
themselves;
3) in respect of an accident at work or the contracting of an
occupational disease, to use the medical assistance covered by
the special budget for occupational accidents;
4) to follow doctor's recommendations, encourage recovery and
observe the general medical treatment regimen;
5) to keep to the type of occupation and schedule stipulated
by the State Medical Commission for the Assessment of Health
Condition and Working Ability (hereinafter - the SMC) during the
period of receipt of the insurance indemnity;
6) to make use of the occupational rehabilitation and
retraining financed by the State Social Insurance Agency.
[27 December 1996; 24 September 1998; 23 October
2014]
Chapter V
Money Payments to the Insured Person
Section 19. Sickness Benefit
(1) If the cause of a temporary incapacity for work is an
accident at work or an occupational disease, the grounds for
payment of the benefit to the insured person shall be a
sick-leave certificate issued in accordance with the procedures
stipulated by the Cabinet.
(2) If the insured person is absent from work and thereby
loses the income to be earned from paid employment, the sickness
benefit shall be granted and disbursed to such person for the
time period of temporary incapacity for work which is not longer
than 26 calendar weeks counting from the first day of incapacity
for work if the incapacity is continuous or is not longer than 52
weeks in a period of three years if the incapacity for work
recurs with intervals. If the restoration period of the capacity
for work lasts longer than 26 calendar weeks, based on the
opinion of the SMC the time period for disbursement of a sickness
benefit may be prolonged, but not longer than for 52 calendar
weeks.
(21) The period when the sickness benefit due to
the temporary incapacity for work of the insured person was
granted and disbursed in accordance with the law On Maternity and
Sickness Insurance shall also be included in the period of
receipt of the sickness benefit. The period during which the
sickness benefit was granted and disbursed to the person due to
sickness with tuberculosis shall not be included in this
period.
(3) The sickness benefit and the monetary payment for sickness
shall be granted to the insured person in the amount of 80 per
cent, based on the average earnings of a calendar day or the
average insurance contribution wage per day, and it shall be paid
to the insured persons in accordance with the following
procedures:
1) if an accident at work has occurred: for the first 10 days
of incapacity for work - by the employer from his or her own
resources, but for the subsequent period of temporary incapacity
for work - by the State Social Insurance Agency;
2) if the insured person has contracted an occupational
disease: starting from the day of incapacity for work when a
special medical commission has determined the occupational
disease - by the State Social Insurance Agency.
(4) [24 September 1998]
[27 December 1996; 24 September 1998; 25 November 2004; 14
November 2008; 16 June 2009; 23 October 2014; 23 November 2016;
21 November 2019]
Section 20. Compensation for the
Loss of Capacity for Work
(1) In insurance events when in accordance with law the SMC
has established a loss of capacity for work on the basis of a
referral of a medical institution or a doctor, the State Social
Insurance Agency shall grant compensation to the insured person
for the loss of capacity for work.
(2) Compensation for the loss of capacity for work shall be
paid to the insured person for every month, starting with the day
when the loss of capacity for work was determined, taking into
account the loss of capacity for work of the insured person and
the average monthly insurance contribution wage. The loss of
capacity for work of the insured person and the applicable time
period shall be determined by the SMC.
(3) When determining the compensation for the loss of capacity
for work, the average monthly insurance contribution wage shall
be taken into account and calculated for the period of time prior
to the day when:
1) the accident at work occurred or the loss of capacity for
work was determined;
2) an occupational disease has been established.
(4) Depending on the loss of capacity for work determined by
the SMC, compensation for the loss of capacity for work shall be
determined for the insured person; the amount of such
compensation shall be specified as a percentage of the average
monthly insurance contribution wage in the following amounts:
1) 80 per cent - if the loss of capacity for work is 100 per
cent;
2) up to 80 per cent - if the loss of capacity for work is 80
- 90 percent;
3) up to 65 per cent - if the loss of capacity for work is 50
-79 per cent;
4) up to 50 per cent - if the loss of capacity for work is 25
- 49 per cent;
5) [16 June 2009].
(5) If an insured person is receiving compensation for the
loss of capacity for work and another accident at work occurs to
such person or a new occupational disease is determined, such
compensation shall be recalculated in accordance with the newly
determined loss of capacity for work. In such case, the average
monthly insurance contribution wage shall be equal to the one
which was established when granting the previous compensation for
loss of capacity for work, except in cases when the average
monthly insurance contribution wage calculated after another
accident at work occurred or after the contracting of an
occupational disease exceeds the one calculated before. In such
cases, the new compensation shall be determined according to the
higher average monthly insurance contribution wage.
(6) [21 November 2019]
(7) Tax shall not be imposed on compensation for the loss of
capacity for work, unless tax legislation specifies
otherwise.
(8) [24 September 1998]
(9) A person who has been granted service pension or old-age
pension shall be granted a compensation for the loss of capacity
for work as follows:
1) if the granted amount of the pension does not reach the
amount of the compensation for the loss of capacity for work, the
insured person shall be disbursed the difference between the
amount of the compensation for the loss of capacity for work and
the amount of service pension or old-age pension;
2) if the granted amount of the service pension or old-age
pension is equal to the amount of the compensation for the loss
of capacity for work or exceeds it, the disbursement of the
compensation for the loss of capacity for work shall be
terminated.
(91) When calculating the amount of the monthly
compensation for the loss of capacity for work to be disbursed to
a person in accordance with Paragraph nine of this Section, it,
in addition to the amount of old-age pension, shall not include
also the monthly amount of lifetime pension which has been
determined in accordance with the life insurance (lifetime
pension) contract on the use of the funded pension capital
accrued in the State funded pension scheme (if such contract has
been concluded).
(10) If several insurance events laid down in this Law have
occurred to the insured person and the loss of capacity for work
in each case is determined separately, the person shall be
granted the largest compensation for the loss of capacity for
work.
(11) If the insurance event occurs to a person who receives
compensation for the harm caused at work up to 1 January 1997,
and the loss of capacity for work in each case is determined
separately, the compensation for the harm caused at work shall be
terminated and the compensation for the loss of capacity for work
shall be granted to the person. The amount of the compensation
shall not be smaller than the compensation received for the harm
caused at work.
(12) Disbursement of compensation for the loss of capacity for
work shall be discontinued for a person who receives compensation
for the loss of capacity for work on the date when the age
specified in the law On State Pensions for the granting of an
old-age pension has been reached until the granting of an old-age
pension. After the granting of an old-age pension, the
compensation for the loss of capacity for work shall be disbursed
in accordance with Paragraph nine of this Section.
[27 December 1996; 24 September 1998; 25 November 2004; 16
June 2009; 20 December 2010; 23 October 2014; 23 November 2016;
21 November 2019; 17 December 2020 / See Paragraph 29 of
Transitional Provisions]
Section 21. Lump Sum Benefits and
Compensation
(1) [16 June 2009]
(2) The State Social Insurance Agency shall compensate the
insured person additional expenses that have incurred due to an
accident at work or an occupational disease, compensate expenses
for prosthetics, disbursement for an escort, travel expenses to
medical treatment institutions, expenses for the purchase of
technical assistance equipment and repair of such, as well as pay
for medical treatment, care, medical and professional
rehabilitation of the person, if these expenses are not covered
by the funds from the State basic budget earmarked for health
care and social services. The decision to grant such a lump sum
benefit shall be taken by the State Social Insurance Agency if
the doctor has confirmed the need of such assistance and if it
has not been provided free of charge.
(3) Tax shall not be imposed on lump sum benefits and
compensation, unless the tax legislation specifies otherwise.
[27 December 1996; 24 September 1998; 16 December 1999; 16
June 2009; 23 October 2014]
Section 21.1 Disbursement
of Insurance Indemnity
The State Social Insurance Agency shall transfer the insurance
indemnity to the account of a credit institution of the Republic
of Latvia or the postal settlement system (PSN) indicated in the
submission of the recipient of the insurance indemnity. Upon
request of the recipient of the indemnity, the compensation for
the loss of capacity for work and the compensation for the loss
of a provider shall be delivered to his or her place of residence
for a fee, deducting delivery expenditure from the compensation
according to the fee laid down in the annual State budget law for
delivery of pension, benefit or compensation.
[16 June 2009]
Chapter VI
Guarantees in the Event of Death of an Insured Person
Section 22. Funeral Allowance
(1) If an accident at work, a disease caused by an accident at
work, or an occupational disease has resulted in the death of an
insured person, as well as if a person who receives compensation
for the loss of capacity for work has deceased, a funeral
allowance shall be granted.
(2) A funeral allowance shall be granted and paid to the
parents of the insured person, the surviving spouse and children,
or another natural or legal person who has undertaken to arrange
the funeral.
(3) A funeral allowance shall be granted and disbursed in the
amount of twice the average monthly insurance contribution wage
of the insured person, but not less than the State determined
average monthly insurance contribution wage for the calendar year
which ends one year before the year in which the right to funeral
allowance has occurred. If a person who received compensation for
the loss of capacity for work has deceased, the funeral allowance
shall be paid in the amount of twice the average monthly
insurance indemnity of the deceased person.
(4) If as a result of an accident at work or an occupational
disease the death of an insured person has occurred abroad, and
the funeral expenses exceed the amount specified in this Section,
due to reasons referred to in Paragraph one of this Section, the
State Social Insurance Agency is entitled to increase the funeral
allowance by the amount necessary to cover the funeral expenses,
on the basis of invoices and receipts which confirm the
abovementioned expenses.
(5) If the right to receive the funeral allowance of the
deceased person in accordance with the provisions of this Law and
the law On State Pensions exists, the allowance shall be granted
and disbursed in whichever amount is greater.
[24 September 1998; 23 November 2000; 25 November
2004]
Section 23. Compensation for the
Loss of a Provider
(1) If an accident at work or an occupational disease has
resulted in the death of an insured person, family members who
are incapable to work who were fully or partially supported by
such a person shall have the right to the compensation for the
loss of a provider.
(2) The compensation for the loss of a provider shall be
calculated on the basis of the average monthly insurance
contribution wage of the insured person, and compensation shall
be granted in the following amounts:
1) to the surviving spouse and the parents - up to 25 per
cent;
2) to the surviving spouse (irrespective of the compensation
referred to in Paragraph two, Clause 1 of this Section), one of
the grandparents (irrespective of their age), one of the adult
brothers (adult sisters), if he (she) is raising a child of the
insured person under the age of eight years - up to 25 per cent.
The same applies to the surviving spouse who is expecting a child
of the insured person after his death;
3) to the children of the insured person until they reach the
age of 18, if one of the parents has survived:
a) to one child - up to 25 per cent,
b) to two children - up to 35 per cent,
c) to three children - up to 45 per cent,
d) to four or more children - up to 55 per cent;
4) to the children of the insured person until they reach the
age of 18, if they have become orphans:
a) to one child - up to 40 per cent,
b) to two children - up to 50 per cent,
c) to three children - up to 60 per cent,
d) to four or more children - up to 70 per cent;
5) to the children of the insured person who are over the age
of 18, if they have become disabled before the age of 18;
brothers, sisters and grandchildren who are under the age of 18
and do not have parents capable to work; brothers, sisters and
grandchildren irrespective of their age, if they do not have
parents able to work and they have become disabled under the age
of 18; children who are, at the time of the death of the provider
or later, full-time students of secondary or higher educational
institutions, if they are under the age of 24 - 25 per cent
each.
(3) The children who have been under the guardianship of or
who were adopted by the insured person, if the guardianship or
the adoption was confirmed prior to the accident at work or prior
to the occurrence of the last incapability for work caused by the
occupational disease; the stepchildren, if they do not receive
child support from their parents, as well as the illegitimate
children of the insured person have the same right to the
compensation for the loss of a provider as the children born in
marriage.
(4) The adopters, the stepfather and the stepmother of the
insured person, if they were supported by the insured person and
had raised and provided maintenance for the insured person for
not less than five years, have the same right to the compensation
for the loss of a provider as the parents of the insured
person.
(5) The compensation calculated for the persons referred to in
Paragraph two of this Section shall not exceed 80 per cent of the
average monthly insurance contribution wage of the insured
person, and it shall not be less than the State social security
benefit, taking into account that the amount of the compensation
for the loss of a provider for each child of the deceased
provider shall not be less than the minimum amount specified in
Paragraph ten of this Section.
(6) The compensation for the loss of a provider to the persons
referred to in Paragraph two, Clause 5 of this Section, shall be
calculated only if the compensation for the loss of a provider
has been ensured for the persons referred to in Paragraph two,
Clauses 1, 2 and 3 or Clauses 2 and 4 of this Section.
(7) To the family members of the insured person who are paid
the compensation for the loss of a provider pursuant to Paragraph
two, Clause 1 of this Section, the abovementioned payments shall
be discontinued on the day when the insured person would have
reached the age required for the entitlement of old age pension.
In such case, each such person shall be paid a lump sum benefit
in the amount equal to the sum due to such person in compensation
for the loss of a provider for a period of one year (if the right
to the compensation does not cease to be valid during this period
of time).
(8) The right to the compensation for the loss of a provider
arises on the day of the death of the provider. Such benefits
shall be calculated starting from the day the right arises and
shall be paid when the right to the benefits has been confirmed
by documentation.
(9) If the amount of the compensation for the loss of a
provider which has been calculated taking into account the
average monthly insurance contribution wage of the insured person
does not reach the minimum amount specified for each child in
Paragraph ten of this Section, the difference between the
specified minimum amount and the compensation for the loss of a
provider calculated for each child shall be covered from the
State basic budget in conformity with Section 13, Paragraph four
of this Law, and the disbursement thereof shall be ensured from
the State basic budget grant provided for in the annual State
budget law which is transferred into the special budget for
occupational accidents.
(10) The minimum amount of the compensation for the loss of a
provider for each child shall be determined in the percentage
amount and rounded to whole euros from the minimum income median
per one equivalent consumer per month (hereinafter - the income
median) published on the website of the Central Statistical
Bureau, and it shall be:
1) for a child up to the attainment of seven years of age - in
the amount of 25 per cent of the income median;
2) for a child from seven years of age - in the amount of 30
per cent of the income median.
(11) The minimum amount of the compensation for the loss of a
provider shall be reviewed in accordance with the procedures for
reviewing the minimum income thresholds laid down in the law On
Social Security.
[27 December 1996; 24 September 1998; 16 December 1999; 25
November 2004; 23 October 2014; 23 November 2016; 24 November
2020; 8 March 2023]
Chapter VII
Liability for Violations of the Law and Procedures for
Examination of Disputes
Section 24. Liability for the Making
of Insurance Payments
[24 September 1998]
Section 25. Liability for
Concealment of Information and Provision of False Information
(1) For the concealment of information, provision of false
information, or the submission of such information past term, if
it is related to a reduction in the amount of the average
insurance contribution wage, the mandatory contribution debt and
a fine in the amount of the debt shall be collected from the
employer, but in the case of each repeated violation within one
year - the debt and a fine in the amount of twice the debt of
payments.
(2) For a failure to submit information, account documents or
control documents in due time, or for evasion to submit such, as
well as for submission of false information to the State Social
Insurance Agency the employer shall be held liable in accordance
with procedures laid down in law.
(3) If an insured person has suffered harm from an accident at
work or contracted an occupational disease, but the employer has
not made, in accordance with the procedures laid down in law, the
initial and current mandatory contributions, then all payments
related to the insurance benefits that such person is entitled to
shall be covered by the State Social Insurance Agency, and such
payment amounts shall be collected, by way of subrogation, from
the employer by the State Social Insurance Agency:
1) [24 September 1998];
2) [24 September 1998].
[27 December 1996; 24 September 1998]
Section 26. Liability of Insured
Persons and Deductions from Payments
(1) If an insured person has knowingly failed to fulfil the
obligations set out in Section 18 of this Law, the State Social
Insurance Agency shall discontinue the payment of the insurance
indemnity, but if the cause of insurance indemnity payments has
been the consequence of the insured person or a successor of the
right to indemnity knowingly acting in bad faith, the State
Social Insurance Agency shall collect from such persons, through
judicial process, the amounts groundlessly paid to them.
(2) Deductions from payments, which are made from the special
budget for occupational accidents, can be performed on the basis
of:
1) court adjudication and decisions of other institutions
(officials) that are executed in accordance with the procedures,
which have been prescribed for the execution of court
adjudication;
2) decisions of institutions (officials) which are to be
executed by uncontested procedures;
3) an order by the director of a division of the State Social
Insurance Agency to collect the amounts overpaid to the insured
person due to the fault of the insured person. In such case not
more than 10 per cent from the amount to be paid shall be
collected monthly.
(3) Deductions from payments, which have been made from the
special budget for occupational accidents, shall be calculated
from the amount to be paid to the recipient. The total monthly
amount of deductions may not exceed 50 per cent of the amount to
be paid. If the disbursement is terminated before the discharge
of the debt, divisions of the State Social Insurance Agency shall
collect the remaining amount of the debt in accordance with the
procedures laid down in law.
(4) No deductions shall be made from the funeral
allowance.
[27 December 1996; 24 September 1998; 25 November
2004]
Section 27. Dispute and Appeal of
Administrative Acts Issued by the Officials of the State Social
Insurance Agency
A person may dispute administrative acts issued by employees
of the State Social Insurance Agency or actual action within one
month from the day of the coming into effect of the
administrative act by submitting a relevant submission to the
Director of the State Social Insurance Agency. A decision of the
director of the State Social Insurance Agency may be appealed to
a court within the time period of one month from the day of the
director's decision coming into effect.
[25 November 2004]
Transitional Provisions
[27 December 1996]
1. The Law shall also apply to the persons who were insured
against accidents at work and occupational diseases in the
Republic of Latvia prior to 17 June 1940 and lost the capacity
for work due to an accident at work or an occupational
disease.
2. Prior to the adoption of the law on social insurance,
insurance contributions for insurance in respect of accidents at
work or occupational diseases shall be deemed as social insurance
contributions and shall be included in the social tax rate.
3. Expenditures that are necessary in order to implement
insurance in respect of accidents at work and occupational
diseases shall be partly covered by the State base budget in
1997.
4. For persons who have suffered harm from an accident at work
or who have been determined to have an occupational disease up to
1 January 1997, and persons whose occupational disease caused by
the work performed up to 1 January 1997 has been determined after
the abovementioned date, but who are not considered to be insured
persons in accordance with this Law, as well as persons who up to
the abovementioned date had the right to receive the compensation
for the loss of a provider for harm caused due to the loss of a
provider, if the cause of the death of the provider was an
accident at work or an occupational disease, the compensation for
harm shall be paid by the employer or his or her successor in
interest. If the judicial fact is determined that the employer or
his or her successor in interest who is liable for the harm
caused at work is undeterminable, the disbursement of the
compensation for harm shall be ensured by the State Social
Insurance Agency. The procedures for the calculation, financing
and payment of the compensation for harm shall be determined by
the Cabinet.
[16 December 1999; 25 November 2004]
5. [3 April 2014]
6. [23 October 2014]
7. [25 November 2004]
8. For an employee for whom according to the sick-leave
certificate issued in accordance with the procedures stipulated
by the Cabinet the right to sick pay to be disbursed by an
employer has incurred until 31 December 2008 and incapacity for
work continues uninterruptedly after 1 January 2009, the sick pay
for temporary incapacity for work shall be continued to be
disbursed by the employer starting from the 11th until the 14th
calendar day.
[14 November 2008]
9. The compensation for harm specified in Paragraph 4 of these
Transitional Provisions shall be granted to persons whose loss of
capacity for work determined by the SMC complies with the loss
specified in Paragraph four of Section 20 of this Law. If the
abovementioned persons have been granted unemployment benefit,
the compensation for harm shall be disbursed in compliance with
Section 14, Paragraph seven of this Law.
[16 June 2009; 23 October 2014]
10. The amount of the compensation for the loss of capacity
for work or the compensation for the loss of a provider shall not
be reviewed from 1 January 2009 to 31 December 2012. Compensation
for the loss of capacity for work or the compensation for the
loss of a provider the amount of which does not exceed 200 lats
in 2013 shall be reviewed on 1 September by applying the index
1.04.
[9 July 2013]
11. The sickness benefit shall be disbursed to the insured
person whose temporary incapacity for work has occurred up to 30
June 2009 and continues after the abovementioned date for the
whole period of temporary incapacity for work, but not longer
than for 52 calendar weeks counting from the first day of
incapacity for work if the incapacity is continuous or not longer
than for 78 weeks in a period of three years if incapacity for
work recurs with intervals.
[16 June 2009]
12. The compensation of the loss of capacity for work or the
compensation for harm at work granted up to 31 December 2009
shall continue to be disbursed to the person to whom the SMC has
established the loss of capacity for work within the range of 10
to 24 per cent for the time period determined in the decision to
grant and recalculate a service, as well as to extend the
disbursement period.
[16 June 2009; 23 October 2014]
13. The recipient of the compensation for the loss of capacity
for work to whom up to 30 June 2009 has been granted service
pension or old-age pension shall have the compensation of the
loss of capacity for work disbursed up to the abovementioned date
for the time period determined in the decision to grant and
recalculate a service, as well as to extend the disbursement
period.
[16 June 2009]
14. Amendments to Section 6, Paragraph seven, Section 12,
Paragraphs one and four, Section 13, Paragraph six, and Section
14, Paragraph seven of this Law shall come into force on 1
January 2010.
[16 June 2009]
15. Amendments to Section 20, Paragraph four of this Law in
respect of deletion of Paragraph five shall come into force on 1
January 2010.
[16 June 2009]
16. The recipient of the compensation for the loss of capacity
for work to whom up to 31 December 2010 has been granted service
pension or old-age pension from the State basic budget, shall
have the compensation of the loss of capacity for work disbursed
up to the abovementioned date for the time period determined in
the decision to grant and recalculate a service, as well to
extend the disbursement period.
[20 December 2010]
17. If the sick-leave certificate has been issued up to 30
June 2015 and submitted to the State Social Insurance Agency
after 30 June 2015, it requires a confirmation by the employer
regarding the absence from work of the insured person.
[23 October 2014]
18. Amendments to Section 14, Paragraph six of this Law in
relation to replacing of the number "12" with the word "six"
shall come into force on 1 January 2016.
[23 October 2014]
19. Amendments to Section 23, Paragraph five of this Law
regarding the replacement of the words and the number "shall not
be less than 65 per cent of the State social security benefit"
with the words "shall not be less than the minimum amount
determined by the Cabinet for a child whose provider is
deceased", and also Section 23, Paragraphs nine and ten shall
come into force on 1 April 2017. The amount of the compensation
for the loss of a provider in accordance with the minimum amount
for each child specified in Section 23, Paragraph nine of this
Law shall be reviewed from 1 April 2017 and the difference shall
be disbursed until 30 September 2017.
[23 November 2016]
20. Section 20, Paragraph twelve of this Law in respect of the
suspension of the disbursement of compensation for the loss of
capacity for work when reaching the age necessary for the
granting of an old-age pension shall be applicable to those
persons who have reached the age specified in the law On State
Pensions after 1 January 2017.
[23 November 2016]
21. Amendments to Section 12 of this Law regarding the new
wording of Paragraph two and the deletion of Paragraphs three,
four and five shall come into force on 1 January 2021.
[23 November 2016; 21 November 2019]
22. The Cabinet shall, by 31 December 2020, issue the
regulations referred to in Section 12, Paragraph two of this Law
regarding the conditions and procedures for the calculation of
the average insurance contribution wage.
[23 November 2016; 21 November 2019]
23. The average insurance contribution wage of a person
determined in accordance with the legal provisions in force until
31 December 2020 shall be used for calculating the compensation
for insured persons whose insurance event in respect of the
granting of the compensation for the loss of capacity for work
and the compensation for the loss of a provider has occurred
until 31 December 2020. The average insurance contribution wage
of a person determined in accordance with the legal provisions in
force until 31 December 2021 shall be used for calculating the
benefits for insured persons whose insurance event in respect of
the granting of the sickness benefit and funeral allowance has
occurred until 31 December 2021.
[21 November 2019]
24. The compensation and disability pension granted until 31
December 2019 for the recipient of the compensation for the loss
of capacity for work or the compensation for the loss of a
provider who has also been granted a disability pension until the
abovementioned date shall continue to be disbursed until the time
period specified in the decision on the granting, recalculation
or extension of the term of disbursement.
[21 November 2019]
25. If the amount of compensation for the loss of capacity for
work has been increased for the insured person until 31 December
2019 in accordance with Section 20, Paragraph six of this Law,
the increased compensation shall continue to be disbursed until
the day when a lower disability group is determined for the
person.
[21 November 2019]
26. The amendment regarding the new wording of Section 12,
Paragraph one of this Law and the amendment to Section 20,
Paragraph three, Clause 2 regarding the deletion of the words "or
prior its determination temporary incapacity for work occurred"
shall come into force on 1 January 2021.
[21 November 2019]
27. Section 12, Paragraph 1.1 of the Law shall come
into force on 1 January 2022.
[21 November 2019]
28. For the period from 1 January 2021 until 30 April 2021,
the compensation for the loss of a provider to be determined in
the amount of the minimum indemnity shall be disbursed in the
amount which was laid down according to the laws and regulations
until 31 December 2020, and the recalculation of the minimum
compensation amount for the loss of a provider shall be performed
by May 2021, and the difference shall be disbursed together with
the compensation to be disbursed in May 2021.
[24 November 2020]
29. When disbursing the compensation in accordance with
Section 20, Paragraph 9.1 of this Law, the monthly
amount of lifetime pension which has been determined in
accordance with the life insurance (lifetime pension) contract on
the use of the funded pension capital accrued in the State funded
pension scheme (if such contract has been concluded) shall be
ignored if the old-age pension has been granted to the person by
31 December 2022 in accordance with the law On State
Pensions.
[17 December 2020]
The Law shall come into force on 1 January 1997.
The Law has been adopted by the Saeima on 2 November
1995.
President G. Ulmanis
Rīga, 17 November 1995
1 The Parliament of the Republic of
Latvia
Translation © 2023 Valsts valodas centrs (State
Language Centre)