Beneficiaries of the disabled employee status may have access to special aids and employment measures. They will benefit from job offers better suited to their disability on the ordinary job market or in a sheltered workshop, through ADEM.
Who is concerned?
Any disabled person may benefit from the disabled worker status provided that they
have a working capacity decreased by at least 30 % occurring:
- following a work accident while the employee was working in a company legally established in Luxembourg
- following a physical, mental, sensory or psychological impairment, and/or due to psycho-social difficulties which aggravate that impairment
The interested party must have a stable medical condition and be able to work on the ordinary labour market or in a sheltered workshop.
Who is eligble to apply?
- Any person domiciled in Luxembourg, who is available for employment and meets the conditions to legally work in Luxembourg.
- Any person working in a company legally established in Luxembourg (including cross-border workers)
- Any person working independently in Luxembourg
Prerequisites
In order to obtain recognition of disabled employee status, the person concerned must:
- either be registered a jobseeker with the ADEM
- or work in a company established in Luxembourg
Who can submit the application
The application to obtain recognition of disabled employee status may be submitted by:
- the disabled person
- the parents or legal representatives (in case of minors)
- the legal guardian
Supporting documents
All applicants must provide a recent detailed medical report issued by the relevant medical practitioner. You should therefore consult your general practitioner and/or treating specialists before submitting your application.
Please note that the existing disability should, in general, be documented by the relevant medical specialist. If you submit your application on the sole basis of an medical report issued by a general practitioner, the Medical Commission (Commission médicale) will ask for additional reports from one or more medical specialists.
According to the Luxembourg labour law, the health status of the person seeking recognition must be sufficiently stabilised. Therefore, a recognition cannot be granted if the applicant
- suffers from a progressive disease that is not sufficiently stabilised,
- has to undergo an imminent surgery;
- has not yet completed the rehabilitation measures.
Important: Since there is no European or international law on the mutual recognition of disabilities, the Medical Commission cannot accept the recognition as disabled person issued by a foreign administration. Therefore, a new application has to be submitted on the basis of current medical reports according to the Luxembourg legislation.
How to proceed
If you are not currently working:
Contact ADEM's Disability and Redeployment department (Service handicap et reclassement professionnel). The latter will invite you to an information session that will inform you about how to obtain your disability status.
After the session, and if you have opted for an application, you will receive a form in order to obtain recognition of disabled employee status.
Supporting documents:
- a recent and detailed medical report prepared by your referring physician and all other reports from medical specialists;
- in case at the time of your application you are a jobseeker, a detailed medical report by the the labour doctor at ADEM's company medical officer;
- documents certifying the conformity of your professional qualifications;
- a certificate of nationality or any equivalent certificate;
- a certificate of affiliation issued by the Joint Social Security Center (Centre commun de la sécurité sociale);
- documents certifying the status of your legal and official representative if you need to be represented in your actions;
- a certificate of residence issued less than three months ago by your Luxembourg municipality of residence and certifying that you are domiciled and actually reside there;
- if you are a third-country national, a valid residence permit that entitles you to exercise a paid and / or self-employment activity;
- if you are a citizen of a Member State of the European Union, a State that is part of the Agreement on the European Economic Area, or a citizen of the Swiss Confederation, a permit of residence for more than three months, including members of your family.
The Medical Commission will notify you about its decision by registered letter.
If you do not agree with the Medical Commission's decision, you may, within 40 days of notification of the decision, submit a request for review to the Social Security Board of Referees by registered letter.
In case your disability status is recognised and you are already registered as a job seeker, your file will be transferred to the Disabled Employees' Department (service des salariés handicapés - SSH) and you will be convened.
In case you are already registered as a job seeker, your file will be transferred to the Disabled Employees' Department (service des salariés handicapés - SSH) and you will be convened.
In case you are not yet registered as a job seeker, you will be convened by ADEM's Disabled Employees' Department (service des salariés handicapés), in order to benefit from the guidance and vocational training measures specific to disabled employees.
Following your enrollment you will receive regular follow-up by a professional Disabled Employees advisor and will be assisted in your job search.
Following this registration, SSH will issue a certificate of registration which will be transmitted with your file by the Medical Commission to the Guidance and Occupational Reclassification Committee (Commission d’orientation et de reclassement professionnel) which will then decide upon the measures to be taken.
The Guidance and Occupational Reclassification Committee will then decide whether you will be guided to the regular labor market or to a sheltered workshop.
The Guidance and Occupational Reclassification Commission may hear you or hear third parties before making its placement decision.
If you do not agree with the Guidance and Occupational Reclassification Committee's decision, you may, within 40 days of notification of the decision, submit a request for review to the Special Review Committee by registered letter.
If you are currently working:
Contact the secretariat of the Medical Commission to obtain the application form for recognition of the status of disabled employee.
The form will be delivered by hand or by post as requested.
Please send the completed form and supporting documents to ADEM's Medical Committee.
Supporting documents:
- a recent and detailed medical report prepared by your referring physician and all other reports from medical specialists;
- a copy of your current employment contract;
- documents certifying your current employment and the conformity of your professional qualifications;
- a certificate of nationality or any equivalent certificate;
- a certificate of affiliation issued by the Joint Social Security Center (Centre commun de la sécurité sociale);
- documents certifying the status of your legal and official representative if you need to be represented;
- if you are a third-country national, a valid residence permit that entitles you to exercise a paid and/or self-employment activity.
The Medical Commission will notify you of its decision by registered letter.
If you are recognised as a disabled worker but cannot find a job, for reasons beyond your control, you can apply for income for disabled employees. Your application will then be forwarded to the National Solidarity Fund (Fonds national de solidarité).
Important: If a fundamental change regarding your work capacity or health status has occurred since your last application, you can submit a revision request directly to the Medical Commission or the Guidance and Occupational Reclassification Committee. You can submit such a revision request at the earliest 6 months after notification of a previous decision, which has become final.
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Définitions
- Medical Commission
-
The Medical Commission decides whether you are entitled to the status of a disabled employee. It sets the percentage of the reduction in your work capacity relative to the work capacity of a valid person of the same age.
It consists of: -
- 3 physicians with a specialization in the areas of functional rehabilitation and rehabilitation or psychiatry;
- 1 doctor representing the medical supervision of the social security;
- 1 physician representing the Minister in charge of Health.
- Guidance and vocational reclassification committee
-
It consists of:
- 2 representatives of the Minister in charge of Labor;
- 1 representative of ADEM;
- 1 occupational physician;
- 1 psychologist specializing in the field of disability;
- 1 occupational therapist specializing in assistive devices;
- 1 graduate educator;
- 1 social worker.