social security - FOD Sociale Zekerheid
social security - FOD Sociale Zekerheid
social security - FOD Sociale Zekerheid
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B.3. Travel expensesUnder certain conditions, the travel expenses of the victim and of his family members can qualifyfor reimbursement. A distinction is made according to the urgency, the purpose of the travel, whois travelling, the means of transportation used, etc.B.4. Mortal accident at workIf an employee dies as a consequence of an accident at work or an accident on the way to or fromwork, the following allowances may be paid:a) an indemnity for funeral costsIt amounts to 30 times the average day salary of the victim.b) an allowance for the transport of the deceasedThe expenses (also for administrative formalities) for the transport of the deceased to theplace where he is to be buried are completely reimbursed.c) an annuity for the spouse or the legal cohabitantThe spouse or the legal cohabitant is entitled to an annuity of 30% of the basic salaryearned by the deceased. In some cases, parents or grandparents can also apply for anannuity.d) a temporary pension for the childrenFull orphans each receive 20% of the basic salary of the deceased victim (with a maximumof 60% for all children together).Children who have lost one parent each receive 15% of the basic salary of the deceasedvictim (with a maximum of 45% for all children together).The temporary pension is paid until the age of 18 or as long as the child is entitled to familybenefits. In some cases grandchildren, brothers or sisters are also entitled to a temporarypension.C. Payment of the indemnitiesThe indemnity for temporary incapacity for work is paid on the same day as the salary. After the'consolidation', the indemnity is paid every month or quarter, depending on the case. Annuitiesfor mortal accidents at work are also paid on a monthly, quarterly or yearly basis.D. LiabilityThe indemnity paid to a victim of an accident at work is a lump-sum indemnity based on hissalary. The victim has to accept this in any case and cannot file a claim against the employer forindemnification of other damages than those mentioned under B (e.g. damage to goods or moraldamage), except in certain cases laid down by law (e.g. when the employer deliberately causedthe accident).The victim can file a claim against a possible third person responsible for the accident. With regardto traffic accidents, the victim can always, in addition to the lump-sum indemnity in the contextof the occupational accidents insurance, file a claim for the compensation of the other damage,irrespective of who is responsible for the accident (the employer or a third person).56