WORKMEN’S COMPENSATION POLICY

Whereas the insured carrying in the business describe in the schedule and no other for the purpose of the insurance by a proposal and declaration which shall be the basis of this contract and is deemed to be incorporated herein has apply to the Jerusalem Insurance Company, (hereinafter called the “company”) for the insurance hereinafter contained and has paid or agreed to pay the premium as consideration for such insurance .

Now this policy witnesses that if during duty at any time during the period of insurance any employee in the insured’s immediate service shall sustain bodily injury by accident arising out of and the course of this employment by the insured in the business and if the insured shall be liable to pay compensation for such injury under the low(s) set out in the schedule . Then subject to the terms, exclusion and conditions contained herein or endorsed hereon, the company will indemnify the insured against all sums for which the insured shall be so liable and will in addition be responsible for costs and expenses incurred with its consent in defending any claim for such compensation .

Provided always that in the event of any change in the law(s) or the substitution of legislation this policy shall remain in force by the liability of the company shall be limited to such sum as the company would have been liable to pay if the law(s) had remained unaltered .

EXCLUSIONS

The company shall not be liable under this policy in respect of :

1- Any injury by or resulting from :

a-      War, Invasion act of foreign enemy, hostilities or war like operations (whether war be declared or not), civil war, mutiny, riots, strikes, civil commotion, military, rising insurrection rebellion, revolution, military of usurped  power .

b-      Acts or terrorism, commuted by a person or persons acting on behalf of or in connection with any organization . For the purpose of this insurance “ terrorism” means the use of violence for the purpose of putting the public or any section of the public in fear .

c-      Nuclear weapon or material, ionizing, radiations or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel.

2- The insured’s liability to employees of contractors to the insured .

3- Any person who is not a “workman” within the meaning of the law(s) .

4- Any liability of the insured which attached by  virtue of an agreement but which would not have attached in the absence of such agreement .

5- Any sums which the insured would have been entitled to recover from any party but for an agreement between the insured and such party .

CONDITIONS

1-            This policy and the schedule shall be read together as one contract and any word or expression to which a specific meaning had been attached in any part of this policy or the schedule shall bear such specific meaning wherever it may appear .

2-            Every notice or communication to be given or made under this policy shall be delivered in writing to the company.

3-            The insured shall take reasonable precautions to prevent accidents and shall comply with all statutory obligations and in particular, have to comply with provisions of article 31(safety) of labor law and protection and safety regulations no. 57 for the year 1963.

4-            In the event of any occurrence which may give rise to a claim under this policy the insured shall within one month of its occurrence give notice thereof to the company with full particulars or else his write of indemnity is for forfeited . Every letter, claim, writ, summons and process shall be notified or forwarded to the company immediately on receipt. Notice shall also be given to the company immediately the insured shall have knowledge of any impending prosecution inquest or fatal enquiry in connection with any such occurrence aforesaid .

5-            No admission, offer, promise or payment shall be made by or one behalf of the insured without the consent of the company which shall be entitled if it so desires to take over and conduct in his name the defence or settlement of any claim or to prosecute in his name for its own benefit any claim for indemnity of damages or otherwise and shall have full discretion in the conduct of any proceedings and in the settlement of any claim and the insured shall give all such information and assistance as the company may require .

6-            If the company is obligated to pay, on behalf of the insured, a greater amount than the amount recoverable under this policy, the insured hereby agrees to pay the excess amount to the company upon request.

7-            The name of every employee together with the amount of wages, salaries and other earnings shall be properly recorded and the insured shall at all times allow the company to inspect such records and shall supply the company with a correct account of all such wages, salaries and other earnings paid during any period of insurance.

8-            The company may cancel this policy by sending thirty days notice by registered letter to the insured at his last known address.

9-            All the insured’s benefits under this policy shall be forfeited if a claim be in any respect Fraudulent, or if any faults declaration be made or used in respect thereof or if any fraudulent means or devices are used by the insured or any person acting on his behalf to obtain any benefit under this policy, or if a claim is made and rejected by the company and no action or suit is commenced within three months after such rejection.

10-         The due observance and fulfillment of the terms, conditions and endorsements of this policy so far as they relate to anything to be done or complied with by the insured and the truth of the statements and answers in the proposal shall be a condition precedent to any liability of the company to make any payment under this policy.

11-         It is hereby understood and agreed that this insurance shall be governed by the laws of the Hashemite Kingdom of Jordan and this courts of Amman alone shall have jurisdiction in any dispute arising hereunder.  

IMPORTANT NOTICE

If the insured does not declare the wages and salaries paid to the work on public holydays and the company did not receive the appropriate additional premium thereon the company shall not be liable for injuries (fatal of otherwise) sustained by the workers during said overtime or public holydays . In all cases, the liability shall be based upon the wages, salaries and other income paid for official working hours only .

                        Signed For And On Behalf

                        For / Jerusalem Insurance Company                  This Day     of