The Effectiveness of Provisions of the Right of Recourse against the Party Causing Work Injury According to the Jordanian Social Security Act

الملخص

The social security Act No (1) for the year 2014 has set a new source of funding for the public Social Security Corporation. This source gives the (SSC) the right of recourse against the party causing the work injury (the party caused work injury). The Act has permitted the SSC to restore the costs of medical care and daily allowances that the insured deserved because of the action committed by that tierce which led to the payment of such costs and allowances.

This study has showed the importance of such right which was approved for the SSC since it is based on reasonable and fair justifications. It is inconceivable that the SSC holds the fault committed by others, especially if it was an intentional act. However, the study also showed that the provisions contained in the law in this respect still need to be developed and detailed as the protection of social security and conservation of its rights and resources makes its right of recourse against the party a mandatory right and not optional. It is essential to the SSC to return to the tierce for the full amounts that it incurred due to such injury and it should not be limited to some costs or amounts and allowances that may seem insignificant to the SSC. Therefore, this study has proposed specific provisions to the legislature to intervene and modify such provisions to ensure the effectiveness of these provisions and achieve its objectives.