In the event of an accident in production, the guilty enterprise, department, and organization (employers) are financially responsible for the damage caused to the employee in accordance with the legislation, based on the investigation act.
The damage is paid from the revenue of the guilty enterprises, and from the budget funds or extra-budgetary funds of the enterprises financed from the budget.
The victim is paid monthly payments depending on the degree of professional labor capacity (or, in the absence of professional labor capacity, general labor capacity) as a result of a work injury in production, as well as additional costs incurred due to health impairment.
An act drawn up in the form prescribed by legislation about an accident at work, or a court verdict (resolution, decision) about an accident at work with an employee due to non-observance of labor protection rules by the employer;
Certificate of the decision of the Medical-Social Expert Commission confirming the loss of professional labor capacity or occupational disease of the employee, or the death certificate.
MSEC determines the duration and degree of the loss of the professional labor capacity of the victim as a result of a work injury in production, as well as the additional expenses incurred due to the violation of his health (strong meals, prostheses, services rendered by an outsider, and other expenses) of the victim in accordance with the legislation in force, and makes a decision on this.
In the event of a massive increase in the minimum wage or tariff (position) wages of employees in the guilty enterprise in the manner determined by the legislation, it is corrected and paid in the manner determined by the legislation. In this case, the average salary taken in the calculation of the amount of monthly payments is determined based on the actual average salary for two months after the mass increase of the tariff salary for the profession the victim works in at that guilty enterprise and is paid starting from the day of the specified increase
In the current circumstances, if the name of the victim's profession (position) is changed or cancelled, the relevant profession (position) or occupational group in the guilty enterprise is determined, and the average salary for the enterprise is calculated accordingly.
In the case of reorganization of the enterprise guilty of causing damage, its legal successor shall pay compensation for the damage to the victim.
In the case of liquidation of the enterprise guilty of the damage, the victim shall be compensated in accordance with the law.
The compensation for the loss caused by the loss of working capacity or death of the victim as a result of an industrial injury is paid through monthly payments;
That monthly payment is determined and paid in the amount of the percentage of the average monthly salary that the victim had before the injury or the day when he lost his professional labor capacity;
A payment of 100 percent of the actual average monthly salary before the death of the guardian is determined for the dependents of the person who died as a result of an occupational injury and who have the right to monthly payment for the damage.
When determining the amount of the monthly payment due to the damage, the pension due to disability assigned to the victim because of injury or other damage to his health, as well as other pensions, allowances, and similar payments assigned both before and after the damage to his health, are not taken into account, and the damage does not lead to a reduction in the amount of compensation (it is not included in the calculation of compensation for damage).
In the case of the death of the victim (head of the family), the following have the right to be compensated for the damage:
Damages are paid to:
To one of the parents, spouse, or other family member who is engaged in taking care of the children, grandchildren, brothers, and sisters of the deceased — until they reach fourteen years of age
Injured workers are paid from the day they lose the ability to work in their previous profession as a result of an industrial injury
In connection with the death of the employee, the compensation is paid to the persons who have the right to receive the compensation amount from the day of the deceased's death, but not earlier than the day when they acquired the right to receive the compensation amount.
The average salary used in calculating the amount of the monthly payment due to the damage (in case of the victim's death) is calculated for the 12 calendar months before the victim was injured at work or lost professional work capacity (calculated by dividing the total amount by 12).
MSEC determines the professional labor capacity of an employee as a result of industrial accidents and occupational diseases, the percentage of loss of labor capacity of an individual whose health is impaired as a result of injury or otherwise, as well as whether the worker needs the following due to industrial accidents and occupational diseases:
MSEC gives an opinion by determining the following, in accordance with the production conditions and factors that are considered absolute and relative contraindications that may negatively affect the health of non-working persons with disabilities in their work activities:
Situations that pose a threat to the health and labor safety of individuals.
Additional insurance payment is monetary compensation given to the injured for the compensation of the following costs incurred in connection with the circumstances that are the direct cause of the incident:
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