benefits system & preventive measures against insurance fraud workers’ compensation insurance...
TRANSCRIPT
Benefits system & Benefits system & Preventive Preventive
Measures against Measures against Insurance FraudInsurance Fraud
Workers’ Compensation Insurance Workers’ Compensation Insurance in Koreain Korea
By JOOYUNG By JOOYUNG KIMKIM
E-mail : [email protected] : [email protected]
2
ContentsContents
Type of Benefits and Criteria2
3
4 Discussion Topic
Outline of Benefits1
Insurance Fraud and Its Preventive Effort
3
11 Outline of Benefits
> Description of benefits according to the stage of physical condition
Accident happens Claimant diesTreatment ends Treatment resumes Treatment ends
2 years
Temporary disability benefits
Medical benefits
Temporary disability benefits
Injury-disease compensation
annuities
Lump-sum payment of Benefits (in case of migrant workers departing from Korea)
Medical benefits
Temporary disability benefits
Permanent disability benefits
Nursing benefits
Vocational rehabilitation benefits
Permanent disability benefits
Nursing benefits
Vocational rehabilitation benefits
Sport therapy
6 months
Medical treatment of aftermath
Medical treatment of aftermath
Funeral expenses Survivors benefitThy do not belong to benefits and could be available in accordance with COMWEL financial status
4
Temporary Disability BenefitsMedical Benefits
Permanent DisabilityBenefits
Injury-Disease Compensation Annuity
Survivors Benefits
Funeral Expenses
Types of Types of BenefitsBenefits
Nursing Benefits
22 Types of Benefits and Criteria
Vocational Rehabilitation Benefits
WCI Management & Operation
(COMWEL)
Beneficiaries (injured workers,
survivors/dependents)
Policy Holders(insured employers)
Payment of contributions
Exemption from liability for accident compensation of Labor
Standards Act
Claim for benefits
Stability in livelihood
Payment of benefits
Labor
COMWEL
COMWEL
6
The Number of Compensation & Trend of Benefits Amount
The Amount of Benefits
The Number of Compensation
The Number of Beneficiary
3,242,276
3,421,8853,463,141
1,843 12,671
97,141
296,995
1,133,577
1,556,0421,451,066 1,456,266
2,020,335
2,481,814
2,859,914
3,025,7713,163,769 2,326
2,418
2,514
105 98 114 143 162 180 189 197 206 211 240 252
86164
336
635
826957
781
983
1,506
1,732
2,008 2,2212,261
2,329
0
300,000
600,000
900,000
1,200,000
1,500,000
1,800,000
2,100,000
2,400,000
2,700,000
3,000,000
3,300,000
3,600,000
3,900,000
7̀0 7̀3 7̀6 7̀9 8̀2 8̀5 8̀8 9̀1 9̀5 9̀6 9̀7 9̀8 9̀9 0̀0 0̀1 0̀2 0̀3 0̀4 0̀5 0̀6 0̀7 0̀8 0̀9
amount (million won)
- 300
0
300
600
900
1,200
1,500
1,800
2,100
2,400
2,700
number of compensation(1,000)
number of beneficiary(1,000 person)
Statistical Review 1
7
Number of Beneficiary in 2009
Beneficiary
195,486122,656
74,584
16,727780
2,2304,025
6,532
Medical care benefit
Temporary disability benefit
Permanent disability benefit
Surviving benefit
Injury- disease compensationbenefit
Funeral expenses
Nursing benefit
Rehabilitation benefit
Statistical Review 2
8
Amount of Benefits in 2009
Benefi ts
21,963
39,366
1,977189,956
332,550
1,291,084
786,075
800,171
Medical care benefit
Temporary disabilitybenefitPermanent disabilitybenefitSurvivors benefit
Injury-diseasecompensation benefitFuneral expenses
Nursing benefit
Rehabilitation benefit
unit : million won
Statistical Review 3
9
Number of Beneficiary by Industry in 2009
Benefi ciary
13,275
1,727
75,025
13,384
58,954 89,476
437
Finance, Insurance
Minery
Manufacture
Electric, gas, water
Construction
Transportation, Storage,Telecommunication
The others
Statistical Review 4
10
Amount of Benefits by Industry in 2009
Benefi ts
323,329
23,667
645,534
177,811
1,082,601
1,200,629
9,570
Finance, insurance
Minery
Manufacture
Electric, gas, water
Construction
Transportation, storage,telecommunication
The others
unit : million won
Statistical Review 5
11
Temporary Disability BenefitsMedical Benefits
Permanent DisabilityBenefits
Injury-Disease Compensation Annuity
Survivors Benefits
Funeral Expenses
Types of Types of BenefitsBenefits
Nursing Benefits
22 Types of Benefits and Criteria
Vocational Rehabilitation Benefits
How much How much WhenWhen How much When How much When
Medical care
benefit
Medical care
benefit
Occurrence of work-related injury or disease requiring medical treatment for 4 days or more
Occurrence of work-related injury or disease requiring medical treatment for 4 days or more
Benefit in kind in principleMedical expenses in special case
Benefit in kind in principleMedical expenses in special case
Medical BenefitsMedical Benefits
13
> The scope of Medical Benefits
1. Medical examination and test2. Provision of medicines or medical supplies, artificial limbs, and other prosthetic devices3. Treatment, operation and other treatments4. Rehabilitation treatment5. Hospitalization6. Nursing and patient caring7. Transfers8. Other matters prescribed by the Ordinance of the Ministry of Employment and Labor.
Medical BenefitsMedical Benefits
Application Form for Medical Care Benefits
16
Temporary Disability BenefitsMedical Benefits
Permanent DisabilityBenefits
Injury-Disease Compensation Annuity
Survivors Benefits
Funeral Expenses
Types of Types of BenefitsBenefits
Nursing Benefits
22 Types of Benefits and Criteria
Vocational Rehabilitation Benefits
How much How much WhenWhen How much When How much When
Off work for 4 days or more due to the medical treatment of work-related injury or disease
Off work for 4 days or more due to the medical treatment of work-related injury or disease
• 70% of the average wage• 70% of the average wageTempo-rary
disability benefit
Tempo-rary
disability benefit
Temporary Disability Temporary Disability BenefitsBenefits
Application Form for Temporary Disability Benefits
19
Temporary Disability Temporary Disability BenefitsBenefits
The Types of BenefitsThe Types of Benefits
90% of (DAW x working time
/ 8)- actual income per
time)
PLUS
(DAW x 70%) xoff time/8
Low-income workers
70% of DAWor
Minimum wage
Minimum wageor
90% of DAWor
80% of MSAC
Partially employed workers during medical care
#DAW=Daily Average Wage#MSAC=Minimum Standard Amount of Compensation (In case of 2009, it is 46,933 won per day ($39)# In case of 2009, minimum wage is 32,000 won per day ($2.6)
The Aged Workers
Getting paid 4% decreased TDB per year from
the age of 61 to 65
(-4% -> -20%)
During Additional Medical Care
20
Temporary Disability BenefitsMedical Benefits
Permanent DisabilityBenefits
Injury-Disease Compensation Annuity
Survivors Benefits
Funeral Expenses
Types of Types of BenefitsBenefits
Nursing Benefits
22 Types of Benefits and Criteria
Vocational Rehabilitation Benefits
How much How much WhenWhen How much When How much When
Occurrence of work-related physical or mental disability after recovery
Occurrence of work-related physical or mental disability after recovery
- Grade 1~3 : pension only ( 257~329 days’ worth of the average wage )
- Grade 4~7 : pension or lump-sum (pension : 138~224 days) (lump-sum : 616~1,012 days)
- Grade 8~14 : lump-sum only ( 55~495 days)
- Grade 1~3 : pension only ( 257~329 days’ worth of the average wage )
- Grade 4~7 : pension or lump-sum (pension : 138~224 days) (lump-sum : 616~1,012 days)
- Grade 8~14 : lump-sum only ( 55~495 days)
Perm-anent
Disabilitybenefit
Perm-anent
Disabilitybenefit
Permanent DisabilityPermanent Disability Benefits Benefits
Disability Grade Pension Lump-sum
1 329 day’s worth 1,474 day’s worth
2 291 day’s worth 1,309 day’s worth
3 257 day’s worth 1,155 day’s worth
4 224 day’s worth 1,012 day’s worth
5 193 day’s worth 869 day’s worth
6 164 day’s worth 737 day’s worth
7 138 day’s worth 616 day’s worth
8 495 day’s worth
9 385 day’s worth
10 297 day’s worth
11 220 day’s worth
12 154 day’s worth
13 99 day’s worth
14 55 day’s worth
Table of Permanent Disability Benefit
23
Permanent DisabilityPermanent Disability Benefits Benefits
ReasonsReasons of benefits payment,Timing for claims and benefits amounts
(1) Benefits amounts
The amount of Permanent Disability Benefits are
various, depending on the Disability Grade.
Ex) the benefits amount of Disability Grade 14 is equivalent to 55 day's worth of average wage.
if the average daily wage = 10$, disability grade = 14
then, the benefits amount = 550$(55 x 10$)
Permanent Disability BenefitsPermanent Disability Benefits
24
Permanent DisabilityPermanent Disability Benefits Benefits
ReasonsReasons of benefits payment,Timing for claims and benefits amounts
The formula of the Permanent Disability Benefits in Lump Sum payment
The amount of lump sum =
The average (daily) wage at that time of claiming the P.D.B. ×
The number of the compensation day's worth of average wage in lump sum.
Permanent Disability BenefitsPermanent Disability Benefits
25
Permanent DisabilityPermanent Disability Benefits Benefits
ReasonsReasons of benefits payment,Timing for claims and benefits amounts
The formula of the Permanent Disability Benefits in Pension payment
The amount of pension =
The average wage at recovery × The number of the compensation day's worth of average wage in pension.
Ex) the benefits amount of Disability Grade 1 is equivalent to 329 day's worth of average wage. if the average daily wage = 10$, disability grade = 1 then, the amount of the monthly pension = 274$(329 x 10$ ÷ 12)
Permanent Disability BenefitsPermanent Disability Benefits
26
Special clauses regarding benefits payment
�
Permanent Disability Permanent Disability BenefitsBenefits
11 A death of a beneficiary
22 Emigration to other country
33 A foreigner beneficiary return to home country
(2) (2) LumpLump sum payment of the differential sum payment of the differential
Permanent Disability BenefitsPermanent Disability Benefits
27
Special clauses regarding benefits payment
� 11. Advance paymentAdvance payment A beneficiary of Permanent Disability Benefits in pension mayapply for an advance payment equivalent to 1/2 of the pension for the first 1~4 years.
※ A beneficiary with disability of Grades 1~3 may claim advance payment for the first 1~4 years ; and a beneficiary with disability of Grades 4~7, for the first 1~2 years.
※ This advance payment is given to the beneficiary with interest rate(2%) deducted.
Permanent Disability Permanent Disability BenefitsBenefits
Permanent Disability BenefitsPermanent Disability Benefits
28
Special clauses regarding benefits payment
Permanent Disability Permanent Disability BenefitsBenefits
Permanent Disability BenefitsPermanent Disability Benefits
� Example : claim for 2 years advance payment, grade 1, average wage 10$
- half amount in lump-sum in advance payment :
-> average wage(10$) * 329 days’ worth * 2 year * 1 / 2 = 3,290 $
-> 3,290 $ * 99.8% (deduct 2%) = 3,224 $
- half amount in pension : average wage(10$) * 329 days’ worth * 1 / 2 = 1,645 $
-> 1,645 $ / 12 month = 137 $ per month for 2 years
29
Special clauses regarding benefits payment
� 33) Disability Benefits Due to Additional Medical Care Disability Benefits Due to Additional Medical Care
� � In case the beneficiary of permanent disability pension enters into additional medical care, the pension payment used to be suspended.
However, from 1 July 2008 even in case a person entitled to a disability compensation annuity receives medical care, the payment of the annuity shall not be suspended.
If after a person is cured by additional medical care, his/her state of disability has improved or worsened compared with before, the disability benefits shall be paid according to the disability grade corresponding to the improved or worsened state of disability.
Permanent Disability Permanent Disability BenefitsBenefits
Permanent Disability BenefitsPermanent Disability Benefits
30
Permanent Disability BenefitsPermanent Disability BenefitsThe kinds of valuation
basis on disability
11 McBride Valuation basis on Disability
22 14 Grade Scheme
--> It is used for valuation of invalidity in the field of --> It is used for valuation of invalidity in the field of compensation for damage such as automobile compensation for damage such as automobile insurance, civil lawsuit for physical damage in Korea. insurance, civil lawsuit for physical damage in Korea. The percentage and period of labor capability loss are The percentage and period of labor capability loss are mainly considered in this invalidity valuation.mainly considered in this invalidity valuation.
--> --> It is used for valuation of disability in WCI in Korea. It is used for valuation of disability in WCI in Korea. In principle, each grade of disability is considered as In principle, each grade of disability is considered as permanent invalidity. But there is an exception in some permanent invalidity. But there is an exception in some cases, which needs redetermination even after decision cases, which needs redetermination even after decision on disability grade was made.on disability grade was made.
Permanent Disability BenefitsPermanent Disability Benefits
31
Permanent Disability Permanent Disability BenefitsBenefits
Just Once within one year after two years have passed since the day when the decision to pay
disability compensation
annuities was made
Subject to redetermination
Disability compensation
annuities corresponding to the
changed disability grade shall be paid beginning from the
next month of medical exam
Persons entitled to disability
compensation annuities
Period for redetermination
Just Once within one year after two years have passed since the day when the decision to pay
disability compensation
annuities was made
Method of payment
Redetermination of Disability Grades
Category of disability for redetermination
# Neuro-psychotic disorder
#Spinal nerve root disorder
#Motor functions of body joints
#Pneumoconiosis
Permanent Disability BenefitsPermanent Disability Benefits
32
Adjustment of disability grades
� (1) Definition(1) Definition An employee may get hurt in two different part, such as arm and leg, and, even after medical care treatment, there will be possibility to remain disabled in two part.
If an employee has more than one kind of disabilities that are listed in the Permanent Disability Benefits schedule, the Adjustment of Disability Grade might be considered.
Permanent Disability Permanent Disability BenefitsBenefits
Permanent Disability BenefitsPermanent Disability Benefits
33
Adjustment of disability grades
� (2) The purpose of adjustment (2) The purpose of adjustment
If an employee is respectively provided with each disability benefits, according to all of the disabled part in body, the total amount of the Permanent Disability Benefits will be over the amount of Grade 1.
so, that's why adjustment of disability grades has been needed.
Permanent Disability Permanent Disability BenefitsBenefits
Permanent Disability BenefitsPermanent Disability Benefits
34
※ Application to similar permanent disability grade
� In the WCI, Disability Grade Schedule is including 14 Grades and about 140 cases of disability.
Permanent Disability Permanent Disability BenefitsBenefits
But it's so difficult to include all various kinds of disability cases within the WCI Disability Grade Scheduleand, what is described in the WCI Disability Grade Schedule is only the typical cases of all various disability in the world. So, it would happen that one's disability does not always fit exactly in the WCI Disability Grade Schedule.
Even in this case, One will get the most similar grade to one's own.
Permanent Disability BenefitsPermanent Disability Benefits
35
※ In case of disability gotten worse (in other word, summation)
� Those with disability previously may have another disability added on a previous one. This is called "summation"
Permanent Disability Permanent Disability BenefitsBenefits
What is important is that the reason of getting worse should be attributable to "newly work-related accident".
A disability degree may be worse by getting age as time has passed, or by reoccurrence of disease, but, this is not called "summation". Summation is not because of age or reoccurred disease, but because of newly work-related accident.
The purpose of it is to compensate only what did get newly worse, compared with a previous disability.
Permanent Disability BenefitsPermanent Disability Benefits
36
Claims & payment process
Permanent Disability Permanent Disability BenefitsBenefits
The employee submits a written application for disability benefits.
COMWEL notifies the employee of disability review and asks him to turn up for the review
(with an X-ray film, electromyogram test results, etc.)
The disability review is made (by the advisory doctor)
and the disability grade is determined.
The compensation (disability benefits) is paid
to the employee if the COMWEL advisory doctor’s opinion
responds to the opinion of patient’s doctor-in-charge
31
33
2
4
Permanent Disability BenefitsPermanent Disability Benefits
37
Claims & payment process
Permanent Disability Permanent Disability BenefitsBenefits
If there is difference of medical opinion on disability degree between patient’s doctor-in-charge and COMWEL advisory doctor,
COMWEL can ask the opinion of panel of COMWEL advisorydoctors and make the final decision based on the opinion.
Or COMWEL may demand medical examination which Is conducted
by WCI-related medical institution above the level of general hospital.
The compensation (disability benefits) is paid to the employee
after making the final decision based on opinions of doctor-in-
charge, COMWEL advisory doctor, demanded medical examination.
35
35-2
5-1
5-3
Permanent Disability BenefitsPermanent Disability Benefits
Application Form for Permanent Disability Benefits
40
Temporary Disability BenefitsMedical Benefits
Permanent DisabilityBenefits
Injury-Disease Compensation Annuity
Survivors Benefits
Funeral Expenses
Types of Types of BenefitsBenefits
Nursing Benefits
22 Types of Benefits and Criteria
Vocational Rehabilitation Benefits
41
Nursing BenefitsNursing Benefits
The Types of BenefitsThe Types of Benefits
Nursing Benefits are awarded to an employee whose work-related injury or sickness, even though he has recovered from the injury or sickness, medically requires a constant or occasional nursing.
DefinitionDefinition
This benefit is paid only when such employee actually receives nursing services.
42
Nursing BenefitsNursing Benefits
The Types of BenefitsThe Types of Benefits
Coverage & sub-typesCoverage & sub-types
① Those with disability of Grade 1 with regard to functions of the nervous system, mental sanity or the thoracic or abdominal organs.
② Those with disability of Grade 1 with regard to both eyes, both arms or both legs, along with disability of Grade 7 or higher in other body areas.
① Those with disability of Grade 1 with regard to functions of the nervous system, mental sanity or the thoracic or abdominal organs.
② Those with disability of Grade 1 with regard to both eyes, both arms or both legs, along with disability of Grade 7 or higher in other body areas.
Constant Nursing Benefits are awarded to
43
Nursing BenefitsNursing Benefits
The Types of BenefitsThe Types of Benefits
Coverage & sub-typesCoverage & sub-types
① Those with disability of Grade 2 with regard to functions of the nervous system, mental sanity or the thoracic or abdominal organs
② Those with disability of Grade 1 who are not entitled to the Constant Nursing Benefits (It will also include those whose disability grade is adjusted to Grade 1)
③ Those with disability of Grade 2 with regard to both eyes, both arms or both legs, along with disability of Grade 7 or higher in other body areas.
④ Those who have lost both thumbs and all fingers, thus cannot eat without other's help
⑤ Those whose work-related sickness has rendered them so invalid that they cannot make any move without other's help.
① Those with disability of Grade 2 with regard to functions of the nervous system, mental sanity or the thoracic or abdominal organs
② Those with disability of Grade 1 who are not entitled to the Constant Nursing Benefits (It will also include those whose disability grade is adjusted to Grade 1)
③ Those with disability of Grade 2 with regard to both eyes, both arms or both legs, along with disability of Grade 7 or higher in other body areas.
④ Those who have lost both thumbs and all fingers, thus cannot eat without other's help
⑤ Those whose work-related sickness has rendered them so invalid that they cannot make any move without other's help.
Occasional Nursing Benefits are awarded to
44
Nursing BenefitsNursing Benefits
The Types of BenefitsThe Types of Benefits
Demand and methods of benefitsDemand and methods of benefits
• After receiving the disability benefits, by submitting a Nursing Benefits application form that specifies disabled body parts and everyday life difficulties caused by his disability.
• Those in need of constant nursing shall be awarded the full amount set by the Labor Minister for Nursing Benefits, while those in need of occasional nursing shall be awarded 2/3 of the amount of Constant Nursing Benefits.
• The Nursing Benefits payment shall be made on a monthly basis for the days when nursing services are actually given.
• The number of nurses compensable under the EII is limited to one per employee in need of nursing.
45
Nursing BenefitsNursing Benefits
The Types of BenefitsThe Types of Benefits
※ the principle of nursing benefits payment ※ the principle of nursing benefits payment
11 this benefits is given to those whose disability grade 1, 2, or relevant to it.
22 the actual nursing should have been given to the beneficiary.
33the number of person who has taken care of the beneficiary is limited to only one per beneficiary.
44 this benefits is paid once in a month.
46
Temporary Disability BenefitsMedical Benefits
Permanent DisabilityBenefits
Injury-Disease Compensation Annuity
Survivors Benefits
Funeral Expenses
Types of Types of BenefitsBenefits
Nursing Benefits
22 Types of Benefits and Criteria
Vocational Rehabilitation Benefits
How much How much WhenWhen How much When How much When
Employee’s death or presumed dead due to work-related reasons
Employee’s death or presumed dead due to work-related reasons
- Pension : mandatory (52 ~ 67 % of the average wage)- Lump-sum : no eligible for pension (1,300days of the average wage)- 50%lump-sum, 50% pension : choice
- Pension : mandatory (52 ~ 67 % of the average wage)- Lump-sum : no eligible for pension (1,300days of the average wage)- 50%lump-sum, 50% pension : choice
Survivors benefits
Survivors benefits
Requiring more medical care after 2 years’ medical treatment and constituting invalidity grade 1~3
Requiring more medical care after 2 years’ medical treatment and constituting invalidity grade 1~3
- Pension(257~329 days of the average wage)
- 93% of the pension for those aged 65 or older
- Pension(257~329 days of the average wage)
- 93% of the pension for those aged 65 or older
Severe disease compensation
pension
Severe disease compensation
pension
Employee’s death or presumed dead due to work-related reasons
Employee’s death or presumed dead due to work-related reasons
- 120days of the average wage- Maximum, minimum : announced
- 120days of the average wage- Maximum, minimum : announced
Funeral expenses
Funeral expenses
Employee’s death or presumed dead due to work-related reasons
Employee’s death or presumed dead due to work-related reasons
• Pension : mandatory (52~67 % of the average wage)
• 50% lump-sum, 50% pension (choice)
• Lump-sum : no eligible (1,300 days of the average wage)
• Pension : mandatory (52~67 % of the average wage)
• 50% lump-sum, 50% pension (choice)
• Lump-sum : no eligible (1,300 days of the average wage)
Survivors benefit
Survivors benefit
Survivors BenefitsSurvivors Benefits
48
Survivors BenefitsSurvivors Benefits
The Types of BenefitsThe Types of Benefits
• The amount of the Survivors Benefits may increase by the number of survival family.
• if the number of survival family is just 1, the amount of survivors benefits are equivalent to 52% of average wage.
Methods of benefits paymentMethods of benefits payment
(1) In principle, The Survivors Benefits shall be paid in pension
• if the number is 2, the amount of survivors benefits are equivalent to 57% of average wage.
• if the number is 3, the amount of survivors benefits are equivalent to 62%
• if the number is 4 or more, the amount of survivors benefits are 67%
49
Survivors BenefitsSurvivors Benefits
The Types of BenefitsThe Types of Benefits
(example)
In case, average (daily) wage is 60$, survival family is wife, one son under 18, the amount of the survivors benefits are like this : 60$ × 0.57 × 365 = 12,483$ (annually)
Methods of benefits paymentMethods of benefits payment
(1) In principle, The Survivors Benefits shall be paid in pension
* 365 : As this survivors benefits are annuity, the number of days in a year is needed.
* 0.57 : the number of survival family is 2, and the amount of survivors benefits are equivalent to 57% of average wage.
* the amount of survivors benefits paid every month would be around 1,040$
; 12,483$÷ 12(the number of month in a year)
50
Survivors BenefitsSurvivors Benefits
The Types of BenefitsThe Types of Benefits
• Upon request of the pension beneficiary, 50% of the survivors benefits may be awarded in a lump sum and the remaining 50% may be paid in pension
The amount of the survivors benefits is relevant to 1,300 day's worth of average wage.
Methods of benefits paymentMethods of benefits payment
(2) 50% in lump sum payment
1,300 day's worth of average wage means like this ;
1,300 × average (daily) wage
51
Survivors BenefitsSurvivors Benefits
The Types of BenefitsThe Types of Benefits
(example)
In case, average (daily) wage is 60$, survival family is wife, one son under 18, wife requested the COMWEL pay 50% in lump sum, the amount of the 50% of survivors benefits in lump sum : 60$ × 1,300 × 50% = 10,950$
Methods of benefits paymentMethods of benefits payment
(2) 50% in lump sum payment
the total amount of the survivors benefits pension in a year is
12,483$ (60$ × 365 × 57% = 12,483$)
the monthly amount of the survivors benefits pension is 520.1$ (12,483$ × 50% ÷ 12 = 520.1$)
*In the above case, the 10,950$ and 520.1$ is awarded at the first month, and then, 520.1$ would be awarded every month after that.
52
Survivors BenefitsSurvivors Benefits
The Types of BenefitsThe Types of Benefits
Beneficiaries of the Survivors PensionBeneficiaries of the Survivors Pension
• husband, children, parents, grandchildren, brothers or sisters who have disability of grade 3 or higher.55
4 4
33
2
11 • The highest priority is on the wife(including a person in a di facto marital relationship) supported by the employee at that time of his death.
• husband, parents, grandparents who are aged 60 or older.
• children or grandchildren younger than 18
• brothers and sisters younger than 18, or aged 60 or older
66• Fetus at the time of the death of employee(acquires the right to the survivor benefits upon its birth).
53
Survivors BenefitsSurvivors Benefits
The Types of BenefitsThe Types of Benefits
Lump sum payment of the differentialLump sum payment of the differential
the differential would be paid to the other survival family.
the person who had the person who had received survivor pensionreceived survivor pension
as the highest prioras the highest prior beneficiary dies beneficiary dies
or is remarriedor is remarried with other person,with other person,
no other next no other next prior beneficiariesprior beneficiaries
of survivors of survivors pension, pension, and if all and if all
of 3 conditions of 3 conditions are satisfiedare satisfied
there is a difference there is a difference in the amount between in the amount between
pension so far paid pension so far paid and the amount of and the amount of
survivorssurvivors benefits in lump sum. benefits in lump sum.
54
Survivors BenefitsSurvivors Benefits
The Types of BenefitsThe Types of Benefits
11 The person who claims survivors pension should send an application form for it, along with a copy of death certificate, a copy of the family register, a copy of the resident registration card also.
22If the person who claims survivor pension and the dead employee are foreigner, a copy of the passport, a copy of the marriage certificate, and other helpful documents issued by his own government to make sure they are same family may be needed.
33 the number of person who has taken care of the beneficiary is limited to only one per beneficiary.
Claims processClaims process
Application Form for Survivors Benefits
56
Temporary Disability BenefitsMedical Benefits
Permanent DisabilityBenefits
Injury-Disease Compensation Annuity
Survivors Benefits
Funeral Expenses
Types of Types of BenefitsBenefits
Nursing Benefits
22 Types of Benefits and Criteria
Vocational Rehabilitation Benefits
How much How much WhenWhen How much When How much When
Employee’s death or presumed dead due to work-related reasons
Employee’s death or presumed dead due to work-related reasons
- 120 days’ worth of the average wage- 120 days’ worth of the average wageFuneral expenses
Funeral expenses
- paid to the person who actually did go through the funeral service
- paid to the person who actually did go through the funeral service
Funeral ExpensesFuneral Expenses
58
Temporary Disability BenefitsMedical Benefits
Permanent DisabilityBenefits
Injury-Disease Compensation Annuity
Survivors Benefits
Funeral Expenses
Types of Types of BenefitsBenefits
Nursing Benefits
22 Types of Benefits and Criteria
Vocational Rehabilitation Benefits
59
Injury-Disease Compensation Injury-Disease Compensation AnnuityAnnuity
The Types of BenefitsThe Types of Benefits
The Injury-Disease Compensation Annuity is awarded to an insured employee who has not recovered from a work-related injury or sickness even after 2 years of medical care and requires a prolonged period of medical treatment.
DefinitionDefinition
This type of benefit is given in lieu of and at a higher rate than Temporary Disability Benefits, in order to ensure that the injured or sick employee and his dependents can make a stable living.
60
Injury-Disease Compensation Injury-Disease Compensation AnnuityAnnuity
The Types of BenefitsThe Types of Benefits
Conditions to benefits entitlementConditions to benefits entitlement
It is necessary that 2 years have passed since the first medical care started, and it is still provided to the injured.
The injured employee have not recovered from his work-related disease.
The final condition is the injured employee should be proved to have
an Invalidity Grade from 1~3.
61
Injury-Disease Compensation Injury-Disease Compensation AnnuityAnnuity
The Types of BenefitsThe Types of Benefits
※ Invalidity Grade ※ Invalidity Grade
Invalidity is the state of being unable to look after yourself because of injury or illness, and Invalidity Grade 1~3 is the state of losing 100% labor capability.
What is important in this Injury-Disease Compensation Annuity is the fact that even after 2 years of medical care, an employee has not recovered from disease, and his health condition still needs medical care continuously, and he lost 100% labor ability so, his condition needs to be relevant to the Invalidity Grade 1~3.
In case Even there is an employee with medical care over 2 years, if his condition is not relevant to invalidity grade 1~3, then, he can not get this Injury-Disease Compensation Annuity, so, he will go on with Temporary Disability Benefits.
62
Injury-Disease Compensation Injury-Disease Compensation AnnuityAnnuity
The Types of BenefitsThe Types of Benefits
ClaimantClaimant
the insured employee The person who can claims this Injury-Disease Compensation Annuity is the insured employee himself
When 2 years have passed from the date the medical treatment for the work-related injury or disease began and the invalidity grade is determined.
Timing for claimsTiming for claims
63
Injury-Disease Compensation Injury-Disease Compensation AnnuityAnnuity
The Types of BenefitsThe Types of Benefits
Claims processClaims process
4
3
2
1
he may fill out and submit to the COMWEL an application form within 14 days from the day he got an Invalidity Grade
The application form should be submitted to the COMWEL regional headquarters or branch office with jurisdiction over the hospital that provide him with medical care treatment.
awarded automatically, until his health conditi
on would be better and no longer is it within the Invalidity Grade 1~3.
the person who wants to get this annuity should get an Inval
idity Grade 1~3
64
Injury-Disease Compensation Injury-Disease Compensation AnnuityAnnuity
The Types of BenefitsThe Types of Benefits
Effects of the payment of I.D.C.AEffects of the payment of I.D.C.A
텍스트
텍스트
Once you get an I.D.C.A., the entitlement to Temporary Disability Benefits is terminated.
1
In case, an employee continues to receive Injury-Disease Compensation Annuity even after 3 years have passed since the first medical care started, it shall be deemed as if the employee has been paid lump sum compensation.
2
65
Injury-Disease Compensation Injury-Disease Compensation AnnuityAnnuity
The Types of BenefitsThe Types of Benefits
Low-income workers
100/70 of MWis considered as
DAW(in case DWA < 100/70 of MW or no wage subject)
T.D.B
or
application of 100/70 of MW
as DWA
#DAW=Daily Average Wage#MSAC=Minimum Standard Amount of Compensation In case of 2009, it is 46,933 won per day ($39)# MW=Minimum Wage In case of 2009, minimum wage is 32,000 won per day ($2.6)
The Aged Workers
Getting paid 4% decreased
IDCA per year from the age of
61 to 65(-4% -> -20%)
During Additional Medical Care
66
Temporary Disability BenefitsMedical Benefits
Permanent DisabilityBenefits
Injury-Disease Compensation Annuity
Survivors Benefits
Funeral Expenses
Types of Types of BenefitsBenefits
Nursing Benefits
22 Types of Benefits and Criteria
Vocational Rehabilitation Benefits
67
Vocational Rehabilitation Vocational Rehabilitation BenefitsBenefits
The Types of BenefitsThe Types of Benefits
Just Once within one year after two years have passed since the day when the decision to pay
disability compensation
annuities was made
Vocational training allowances & Vocational
training cost
#Disability grades 1~9#Aged under 60
#Unemployed as of request
#Period : less than 12 months
#Allowance : Minimum wage
#Attendance rate >=80%
Work Adaptation Training Costs
Rehabilitation Exercise Costs
Types and Requirement
Return-to-work subsidy
# Disability grades 1~9 #Employer retains for more than 6 months
# Period : less than 12 months
#Amount : monthly 600,000won($500) for
Disability grades 1~3 and 450,000won($375) for Disability grades 4~9
#Disability grades 1~9#Conducted within 6 months after medical
care and retain hiring for more than 6 months#Period : less than 3
months#Costs is within
450,000won($375) per month
#Disability grades 1~9#Conducted within 6 months after medical
care and retain hiring for more than 6 months#Period : less than 3
months#Costs is within
150,000won($125) per month
- 2008- 2008
Insufficiency for the prevention of insurance fraud
2009-20102009-2010
Vitalization of insurance investigation
20112011
Specialization of insurance investigation
It was established insurance investigation team on 1 JAN 2009 in order to actively and systemically cope with increasing number of insurance fraud in EII.
Road MapRoad Map
33 Insurance Fraud and Its Preventive Effort
Tip-off (information) / recognition
Basic investigation : fraud or not
Detailed investigation by visiting
Report to the prosecution / self-termination
11 22 4433
33 Insurance Fraud and Its Preventive Effort
Process of InvestigationProcess of Investigation
70
33 Insurance Fraud and Its Preventive Effort
The Type of Insurance Fraud in WCI
◦ Deliberate claim for benefits for work-unrelated accidents
◦ Deliberate claim for benefits by non-workers
◦ Deliberate claim for benefits using the insurance of other employers by whom an injured workers are not hired
◦ Submitting incredibly exaggerated medical opinions or salary roll at the request for benefits
◦ Doctors' deliberate claim for medical benefits for undue treatment or malpractice
◦ Deliberate receipt of survivors or permanent disability benefits even after claimant’s death
71
33 Insurance Fraud and Its Preventive Effort
Collection of Undue Gains
◦ When the person has received insurance benefits in a false or other fraudulent ways.
-> In above case COMWEL collects an amount equivalent to double the benefits.
◦ For the other undue gains, COMWEL collects an amount equivalent to the benefits.
-> In above case, if the payment of insurance benefits is based on false reporting, diagnosis or certification by an insurance subscriber, WCI-related medical institution or by a vocational training institution, the insurance subscriber, WCI-related medical institution or vocational training institution shall be held jointly responsible.
72
33 Insurance Fraud and Its Preventive Effort
Appropriation of Insurance Benefits
◦ COMWEL, if there are any insurance benefits, medical expenses or medicine expenses it has to pay to a person who has taken undue gains or an insurance subscriber or an WCI-related medical institution held jointly responsible, may appropriate them to the amount to be collected.
-> Maximum appropriation limit shall be 1/10 of the insurance benefits to be paid.
-> Maximum appropriation limit shall be the insurance benefits to be paid if a person with undue gains responsibility is an insurance subscriber.
-> Maximum appropriation limit shall be the amount equivalent to the medical expenses if there is any medical expenses to be paid to an WCI-related medical institution.
73
33 Insurance Fraud and Its Preventive Effort
The status of Insurance fraud investigation in 2010- As of 30 SEP 2010
SUM
Informer’s report casePlanned or Joint Investigationsu
mAdmitting to charge
Not guilty
Under investigation
264261
53 47 1613
(under investigation)
Uncovered Fraudulent Gains(JAN ~ SEP 2010)
Uncovered Fraudulent Gains in 2009
SUM 7,498,000,000 2,500,000,000
Informer’s report case
6,082,000,000
Planned Investigation 1,416,000,000
Mange the cash reward system for the report on undue gain Mange the cash reward system for the report on undue gainReward system
Reward system
Report the case to the media / press Report the case to the media / press MediaMedia
Print and distribute the advertisement poster on the cases Print and distribute the advertisement poster on the casesDistributionDistribution
33 Insurance Fraud and Its Preventive Effort
Other Preventive EffortsOther Preventive Efforts
44 Discussion Topics
There has been much criticism of the inefficiency of public bodies and the potential benefits of allowing private firms to participate in some of public functions. Although numerous studies have been conducted on the relative performance of the public and private sector for providing a number of services, there has been little relevant study in the field of Workers’ Compensation(WC). Also WC system has somewhat different rationale from other public services. Its operations are complex and there is an enormous variety of cases to be adjudicated consistently, so substantial effort will be required before a government could ensure that the intended policies were being followed. Thus it is necessary to determine whether or not privatization in WC is only an answer to the reform of WC system.
What is your opinion on the above topic?
[The End]