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 in the guilty enterprises, and from the budget funds or extra-budgetary funds in the enterprises financed from the budget.
The victim is paid monthly payments depending on the degree of professional work capacity (in the absence of professional work capacity, general work 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 in the actual average salary account for two months after the mass increase of the tariff salary for the profession the victim works in 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 canceled, the relevant profession (position) or occupational group in the guilty enterprise is calculated by determining the average salary for the enterprise.
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 for the damage 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 due to injury or other damage to his health, as well as other pensions, allowances and other such payments assigned both before and after the damage to his health, are not taken into account, and the damage is 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:
Incapacitated persons who were dependents of the deceased or had the right to receive support from him until the day of his death;
A child born after the person's death;
One of the non-working parents, wife (husband) or other non-working parents who have been under the care of the deceased and who have not reached the age of fourteen, or who have reached this age, or who, according to the opinion of the medical authorities, need the care of someone else due to their health condition, are engaged in taking care of their children, grandchildren, brothers and sisters. family member - regardless of working capacity;
Persons who were dependents of the deceased and lost their ability to work within five years after his death;
Damages are paid to:
Minors - up to the age of eighteen;
For students over the age of eighteen - until they finish their education in educational institutions under the form of formal education, up to the age of twenty-three;
For women over fifty-five years old and men over sixty-five years old - for life;
Persons with disabilities - for the period of disability;
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 lost 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 he 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:
Additional costs of an individual whose health is impaired as a result of injury or otherwise;
Treatment, additional nutrition, medication, prosthetics;
To someone else's service, sanatorium-resort treatment;
Providing a special vehicle and training in another profession.
What is reflected in the opinion given by TSEK for persons with disabilities who do not work?
TSEK 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 persons with non-working disabled persons in their work activities:
Labor guarantee;
Circumstances that prevent the health of working persons with disabilities from performing their professional duties;
Situations that pose a threat to the health and labor safety of individuals.
Additional insurance payment is monetary compensation given to the injured insured for the compensation of the following costs incurred in connection with the circumstances that are the direct cause of the event:
Treatment;
Additional nutrition;
To buy medicine;
Prosthetics;
To the service of another;
Sanatorium-resort treatment;
Acquisition of special vehicles;
Due to preparation for another profession.
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