First law: 1915.

Current law: 1995 (Law No. 24557 of 3 October, on Work Injury), implemented in 1996.

Type of program: Employer-liability system.

Note: The employer and public institutions (other than national institutions), may self-insure if solvency requirements are met and medical care services can be guaranteed. If the employer does not meet both conditions, mandatory insurance must be purchased from a work injury insurer (ART).

Private- and public-sector employees (including provinces and municipalities).

Exclusions: Self-employed persons.

Insured person: None.

Self-employed person: Not applicable.

Employer: The total cost is met through a work injury insurer (ART) or through self-insurance.

Government: None; contributes as an employer.

Work injury benefits: There is no minimum qualifying period. Accidents that occur while commuting to and from work are covered.

Temporary disability benefit: The monthly benefit is equal to the insured's earnings when the disability began, plus any additional pay increases accorded to workers in an equivalent position while the insured is not working. If earnings were variable, the monthly benefit is average earnings in the six months before the disability began and must not be less than the insured's expected earnings had the injury or accident not occurred. The employer pays the benefit for the first 10 days, with the remaining period covered by the work injury insurer (ART). The benefit is paid until recovery or certification of permanent disability.

The minimum monthly earnings used to calculate benefits are 427.06 pesos.

The maximum monthly earnings used to calculate benefits are 13,879.25 pesos.

The disability is presumed to be permanent if it continues beyond a year.

A medical commission assesses the degree of disability.

Permanent disability benefit: For an assessed loss of earning capacity of at least 66%, a provisional benefit of 100% of the monthly base earnings is paid for up to 36 months (extended for 24 months if there is uncertainty about the final degree of loss of earning capacity).

The daily base earnings are total covered earnings in the 12 months before the disability began or in the total period of service (whichever is lower) divided by the number of consecutive days in the period of disability. The monthly base earnings are the daily base earnings multiplied by 30.4.

The minimum monthly earnings used to calculate benefits are 427.06 pesos.

The maximum monthly earnings used to calculate benefits are 13,879.25 pesos.

When the disability is assessed as definitive, the monthly disability benefit is 70% of average earnings for regular contributors or 50% of average earnings for irregular contributors in the five years before the disability began, plus a supplemental benefit that varies according to the scheme to which the insured was affiliated and the capital stock of the work injury insurer (ART), plus an actuarially determined lump sum of up to 180,000 pesos.

Constant-attendance allowance: If the insured has a severe, permanent, total disability and requires the constant attendance of others to perform daily functions, an additional monthly benefit equal to the minimum monthly earnings used to calculate benefits is paid.

The minimum monthly earnings used to calculate benefits are 427.06 pesos.

The maximum monthly earnings used to calculate benefits are 13,879.25 pesos.

Partial disability benefit: For an assessed loss of earning capacity of 50% to 65%, the provisional benefit is the monthly base income multiplied by the degree of loss of earning capacity and is paid until the loss of earning capacity is declared as definitive.

The daily base earnings are total covered earnings in the 12 months before the disability began or in the total period of service (whichever is lower) divided by the number of consecutive days in the period of disability. The monthly base earnings are the daily base earnings multiplied by 30.4.

When the partial disability is assessed as definitive with an assessed loss of earning capacity from 50% to 65%, the benefit is the insured's average earnings in the 12 months before the disability began multiplied by the degree of loss of earning capacity. The benefit must not exceed 180,000 pesos.

The partial disability benefit for a definitive assessed loss of earning capacity from 50% to 65% must be at least 180,000 pesos multiplied by the degree of loss of earning capacity.

When the partial disability is assessed as definitive with an assessed loss of earning capacity that is less than 50%, a lump sum of 53 times the insured's average earnings in the 12 months before the disability began multiplied by the assessed loss of earnings capacity and a coefficient (65 divided by the insured's age when the disability began) is paid. The benefit must be at least 180,000 pesos multiplied by the degree of loss of earning capacity.

A medical commission assesses the degree of loss of earning capacity.

The insured may also receive family allowances.

Benefit adjustment: Benefits are adjusted automatically in March and September based on changes in tax revenue, wage indexes, and revenue of the National Social Security Administration.

Medical benefits: Benefits include medical, pharmaceutical, and orthopedic care; prostheses; rehabilitation; and professional training.

Survivor pension: Survivors receive an annuity of 53 times the deceased's average earnings in the last 12 months multiplied by a coefficient (65 divided by the insured's age when the disability began or at the time of death), plus a lump sum of 120,000 pesos. The annuity may be paid as a lump sum of at least 180,000 pesos.

The lump sum is split equally among eligible survivors, including the spouse and children younger than age 21 (up to age 25 if a student).

Other eligible survivors: In order of priority, parents or relatives who were dependent on the deceased receive a pension.

The pension is payable abroad under bilateral or multilateral agreement.

Benefit adjustment: Benefits are adjusted automatically in March and September based on changes in tax revenue, wage indexes, and revenue of the National Social Security Administration.

Ministry of Labor, Employment, and Social Security (http://www.trabajo.gob.ar) is responsible for policy development.

Av Leandro N. Alem 650
C1001AAO
Ciudad Autónoma de Buenos Aires
Argentina

Tel.: +(5411) 4310 6287
Fax: +(5411) 4310 6269

Superintendent of Work Injury provides general supervision.

Superintendent of Work Injury
Bartolomé Mitre 751, 7 Piso
C1036AAM Buenos Aires,
Argentina

Tel.: +(5411) 4321 3500
Fax: +(5411) 4321 3500

Work injury insurers (ART) are responsible for work injury prevention and the management of benefits.