P.R. Laws tit. 9, § 2055

2019-02-20 00:00:00+00
§ 2055. Coverage

(1) The Administration shall, by regulation, establish the standards that will govern the payment of all benefits provided in this chapter, both to victims of accidents and to their beneficiaries; Provided, That:

(a) When the payment of a benefit for dismemberment is in order, same shall be liquidated systematically so that the benefits that the victim may receive from the Administration do not exceed the equivalent of fifty dollars ($50) weekly.

(b) The death benefits shall be paid at the rate of the equivalent of fifty dollars ($50) weekly for family unit. The Administration shall determine by regulation what is a family unit and how the benefit shall be paid when the latter does not exist.

(c) The Administration may authorize payments of more than the equivalent of fifty dollars ($50) weekly or the liquidation of the benefit in one (1) single sum, when it is shown that it will redound in benefit of the victim or his beneficiaries.

(d) If the amount of the benefit one is entitled to is greater than two thousand dollars ($2,000), the Administration may require the victim or his beneficiaries to use said benefit or any part thereof for the purchase of a farm or house, or to acquire a productive business or to make any other profitable investment.

(2) The benefits payable under this chapter may not be assigned, sold or transferred and any contract to such effect shall be void. Said benefits may not be seized or confiscated, nor shall the victim or his beneficiaries be deprived, through a lawsuit, of the possession of same.

(3) The following persons shall not be entitled to collect the benefits provided by this chapter for the victim of the accident, but his/her beneficiaries shall be entitled to the benefits corresponding to them as such:

(a) Those whose injuries were caused by an act or omission on their part performed for the purpose of causing damage to their own person.

(b) Those who at the time of the accident were driving a motor vehicle without a driver’s license in effect at the time and for the operation of that particular motor vehicle, or whose vehicle has no valid motor vehicle license and license plate on that date.

To the effects of this clause, a learner’s permit is not sufficient authorization to operate a motorcycle or moped.

(c) Those who at the time of the accident were participating in automobile races or in speed tests, either as drivers, passengers, spectators or as officials or employees in areas reserved for such activities.

(d) Those whose injuries occurred while committing a criminal act other than a violation to the traffic laws.

(e) Those who at the time of the accident were driving their automobile in a state of drunkenness or under the effect of drugs.

(4) The benefits provided by this chapter may not be used for the payment of fees for legal services rendered to the victim by virtue of an application for benefits or of a lawsuit filed under this chapter, except in the manner the Administration may be regulation provide.

(5) The benefits of this chapter shall only be paid for injuries which have occurred in Puerto Rico and the medical, chiropractor, and hospitalization services shall only be provided in the Commonwealth of Puerto Rico.

History —June 26, 1968, No. 138, p. 335, § 5, renumbered as § 6 and amended on Oct. 30, 1975, No. 12, p. 782, § 4; July 1, 1986, No. 54, p. 185, § 4; Sept. 21, 2004, No. 387, § 3; Dec. 30, 2009, No. 222, § 2.