What is it?+
Workers in the maritime sector benefit from specific legislation on illness, partially different, in terms of amount and duration, from that provided for other categories of workers. They can also benefit from an allowance recognised exclusively to this category in case of unsuitability for boarding resulting from generic illnesses.
Who is it aimed at?+
The illness allowance is recognised to maritime workers and those in the fishing sector, belonging to the categories referred to in Circular no. 179 of 23 December 2013.
How does it work?+
Start date and duration
The absolute temporary incapacity due to main illness is recognised for the on-board illness events that cause disembarkation, whilst that for additional illness is recognised for events occurring within 28 days of landing.
"Any alteration of the state of health not dependent on an accident at work or an occupational disease, which results in an inability to work, absolute or partial, and which requires medical assistance medical and administration of therapeutic mans” constitutes a risk insured by compensation for absolute temporary incapacity due to main illness and for complementary illness.
The allowance for main illness and additional illness can be recognised for a maximum of one year from the registration of the landing.
In case of an illness occurring between 28 and 180 days after disembarking, the workers under permanent paid contract are also entitled to compensation for temporary incapacity for a maximum of 180 days.
An additional specific and exclusive benefit for maritime work is the allowance for temporary unsuitability for boarding following illness, paid by INPS at the end of a regular illness event (occupational illness or work accident events is covered by INAIL), to first and second degree maritime workers temporarily declared unfit for boarding, for the duration of the illness, up to a maximum of one year.
WHAT AM I ENTITLED TO?
In case of absolute temporary incapacity for main or additional illness, the daily allowance is equal to 75% of the average daily payment of the 30 days preceding the disembarkation.
In case of temporary disability due to illness for maritime workers under permanent contract, the compensation is equal to 50% (for the first 20 days) and to 66.66% (between 21 and 180 days) of the remuneration actually paid when the illness occurred.
In case of temporary unsuitability for boarding, the so-called "Focaccia Law" allowance is equal to 75% of the remuneration received on the date of disembarkation, for a maximum period of one year from the declaration of unsuitability, considering only the ordinary remuneration and, therefore, excluding the variable items (for example compensation for overtime, tank cleaning, etc.). The navigation allowance (50%) must be considered, in that this is an ordinary and continuous compensation.
HOW CAN I CLAIM?
To claim payment of the illness allowance, the worker must send to the territorially competent INPS office (Circular no. 173 of 23 October 2015) of the original medical certification, within two days from the date of issue, to avoid incurring the legal sanctions consisting in the loss of the right to the allowance for every day of unjustified delay after two days. Furthermore, the employer must transmit online the claim reports of wages paid during the reference period, based on the specific service claimed.
The allowance of temporary unsuitability for embarkation following a common illness (Law Focaccia 16 October 1962, no. 1486) is claimed by producing the certificate of unfitness for navigation issued by the medical commission operating at the Port authorities or the evaluation of the central medical commission established at the Ministry of Infrastructure and Transport on the appeal eventually lodged by the seaman, by the Institute or the Ministry of Health against the judgment of the first degree medical commission (art. 8, Law no. 1602 of 28 October 1962).