ច្បាប់ការងារនៃប្រទេសកម្ពុជា ជំពូក​ IX

WORK-RELATED ACCIDENTS

Article 248:

An accident is considered to be work related, regardless of the cause, if it happens to a worker working or during the working hours, whether or not the worker was at fault; it is the accident inflicted on the body of the worker or on an apprentice with or without wage, who is working in whatever capacity or whatever place for an employer or a manager of an enterprise.
Equally, accidents happening to the worker during the direct commute from his residence to the work place and home are also considered to be work-related accidents as long as the trip was not interrupted nor a detour made for a personal or non-work-related reason.
All occupational illness, as defined by law, shall be considered a work-related accident and shall be remedied in the same manner.

Article 249:

Managers of enterprise are liable for all work-related accidents stipulated in the Article above regardless of the personal status of each worker.
The same liability applies to:
directors of private hospitals, but solely for the personnel they employ professionals, solely for their employees craft shops, only for workers other than the wife and the children of the craftsman property owners, only for their domestic workers agricultural enterprises, for their workers

Apart from the categories expressly mentioned in the preceding paragraph, any person who engages the services of a worker for a specific, occasional work is required to make reparation for accidents that victimized the worker during the work.

Article 250:

Every manager of enterprise shall manage or have someone take all appropriate measures to prevent work-related accidents.

Article 251:

Laborers who normally work alone are not subject to the provisions of the present Chapter or to applicable regulations if they just take one or more fellow laborers to occasionally work with them.

Article 252:

The victim or his beneficiaries are entitled to compensation from the manager of enterprise or the employer in the event of work-related accidents inflicting on him and resulting in temporary incapacitation. However, this compensation can be paid on the condition that the accidents cause incapacitation for longer than four days. If the work-related accidents lead to a temporary incapacitation of four days or less, the victim is entitled to his regular wage.
The victim who intentionally causes an accident shall receive no compensation.
The competent tribunal can:

• reduce the compensation if it is proved that the accident was the result of an inexcusable mistake of the victim;
• increase the compensation if it is proved that the accident was the result of an inexcusable mistake of the employer or persons acting for him in management of work.

Article 253:

Compensation for fatal accidents or for accidents causing permanent disability is paid to the victim or his beneficiaries as an annuity.
Supplementary compensation is granted to a victim who requires constant care from another person.
In the event of incapacitation, compensation shall be paid no later than the fifth day after the accident.

Article 254:

Victims of work-related accidents shall be entitled to medical assistance (benefits in kind, medical treatment and medicament as well as hospitalization) and to all surgical assistance and prostheses deemed necessary after the accident.

Article 255:

Notwithstanding the preceding provisions, victims of work-related accidents can benefit from more favorable conditions if there is such an agreement between the parties.

Article 256:

A general insurance system obligatory for work-related accidents shall be set up. This system shall be managed under the insurance of the National Social Security Fund (Caisse Nationale de la Sécurité Sociale, CNSS).

Article 257:

Current regulations continue to be in effect until the promulgation of regulatory text or regulations on social insurance for occupational risks.
Nevertheless, during the transitional period, the Ministry in Charge of Labor can issue a Prakas (ministerial order) to determine how to enforce the present Chapter, notably:
1. The method for declaring and investigating accidents.
2. Guarantees and other necessary provisions.
The level of disability and the amount of compensation.