The system of social insurance of workers in the Russian Federation. Occupational Safety and Health

OCCUPATIONAL SAFETY AND HEALTH
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The system of social insurance of workers in the Russian Federation. Occupational Safety and Health

Occupational Safety and Health

Occupational Safety and Health / Legislative basis for labor protection

The main documents in accordance with which insurance against accidents at work and occupational diseases, are:

Federal Law No. 17-FZ of June 1999, 181 "On the Fundamentals of Labor Protection in the Russian Federation";
Federal Law No. 24-FZ of October 1998, 125 "On Compulsory Social Insurance against Occupational Accidents and Occupational Diseases" (as amended on July 17, 1999, January 2, 2000 and October 25, 2001);
Rules for classifying sectors (sub-sectors) of the economy as a class of occupational risk;
Decree of the Government of the Russian Federation of October 16, 2000 No. 789 "On approval of the Rules for establishing the degree of loss of professional ability to work as a result of accidents at work and occupational diseases";
Letter of the FSS of the Russian Federation dated December 26, 2000 No. 02-18 / 05-8538 "On temporary disability benefits in connection with an accident at work or an occupational disease";
Decree of the Ministry of Labor and Social Development of the Russian Federation of July 18, 2001 No. 56 "On approval of the Interim criteria for determining the degree of loss of professional ability to work as a result of accidents at work and occupational diseases, the form of the rehabilitation program for the victim as a result of an accident at work and occupational disease";
Decree of the Government of the Russian Federation of April 28, 2001 No. 332 "On Approval of Additional Expenses for Medical, Social and Professional Rehabilitation of Persons Injured at Work and Occupational Diseases";
Decree of the Government of the Russian Federation of September 6, 2001 No. 652 "On Approval of the Rules for Establishing Discounts and Additions to Insurance Tariffs for Policyholders";
Decree of the Ministry of Labor and Social Development of the Russian Federation dated January 30, 2002 No. 5 "On approval of the Instruction on the procedure for filling out the form of the rehabilitation program for the victim as a result of an accident at work and occupational disease, approved by the Decree of the Ministry of Labor of Russia dated July 18, 2001".

The following concepts are used in the Federal Law "On Compulsory Social Insurance against Industrial Accidents and Occupational Diseases".

Object of compulsory social insurance from accidents at work and occupational diseases - the property interests of individuals associated with the loss of these individuals of health, professional disability or their death due to an accident at work or occupational disease.

Subjects of insurance - insured, policyholder, insurer.

insured - an individual subject to compulsory social insurance against accidents at work, occupational diseases or an individual who has received damage to health as a result of an accident at work or an occupational disease, confirmed in the prescribed manner and resulting in loss of professional ability to work.

The insured - a legal entity of any legal form (including a foreign organization operating in the territory of the Russian Federation and employing citizens of the Russian Federation) or an individual employing persons subject to compulsory social insurance against industrial accidents and occupational diseases.

Insurer - FSS RF.

Insurance case - the fact of damage to the health of the insured as a result of an accident at work or an occupational disease, confirmed in accordance with the established procedure, which entails the insurer's obligation to provide insurance coverage.

Insurance fee - obligatory payment for compulsory social insurance against accidents at work and occupational diseases, calculated on the basis of the insurance tariff, taking into account discounts (surcharges) to the insurance tariff, which the insured is obliged to pay to the insurer.

Insurance tariff - the rate of the insurance premium from the remuneration of the insured, accrued for all reasons (income).

Insurance provision - insurance compensation for harm caused as a result of an insured event to the life and health of the insured, in the form of monetary amounts paid or compensated by the insurer to the insured or persons entitled to it in accordance with this Federal Law.

Occupational Risk - the probability of damage (loss) of health or death of the insured, associated with the performance of his duties under an employment contract (contract) and in other cases established by this Federal Law.

Occupational risk class - the level of occupational injuries, occupational morbidity and insurance costs that have developed in sectors (sub-sectors) of the economy.

Professional work capacity - the ability of a person to perform work of a certain qualification, volume and quality.

The degree of loss of professional ability to work - expressed as a percentage, a persistent decrease in the ability of the insured to carry out professional activities after the occurrence of an insured event.

In accordance with Art. 14 of the Federal Law "On the Fundamentals of Occupational Safety in the Russian Federation", the employer is obliged to provide mandatory social insurance for employees against industrial accidents and occupational diseases.

According to the Federal Law "On Compulsory Social Insurance against Occupational Accidents and Occupational Diseases", as amended on January 2, 2000, the FSS of the Russian Federation is the insurer for this type of insurance. This means a transition from compensation for harm to citizens who have received an industrial injury or occupational disease in the performance of work duties, directly by employers to compensation for harm on the principles of social insurance.

Payments to victims in compensation for harm are made by a single insurer at the expense of insurance premiums paid by employers. For the victims, the level of provision, types and amounts of compensation that they currently must receive in accordance with the current legislation on compensation for harm has been preserved. The collection of insurance premiums, the appointment of payments are assigned to the executive bodies of the FSS. Contributions must be paid on the basis of insurance rates differentiated by sectors of the economy depending on the class of occupational risk in accordance with the Federal Law "On insurance rates for compulsory social insurance against accidents at work and occupational diseases" and the "Rules for classifying sectors (sub-sectors) of the economy as occupational risk class.

At the same time, the amount of insurance tariffs can be increased or decreased by up to 40%, depending on the state of labor protection in the organization. Registration of policyholders by the insurer is carried out within 10 days.

In the event of the death of the insured, monthly payments are assigned:

minors - until they reach the age of 18;
students over 18 years of age - until the end of their studies in educational institutions in full-time education, but not more than up to 23 years;
women who have reached the age of 55 and men who have reached the age of 60 - for life;
disabled people - for the period of disability;
one of the parents, spouse (spouse) or another family member who is unemployed and busy caring for the dependent children, grandchildren, brothers and sisters of the deceased - until they reach the age of 14 or change their state of health.

The right to receive insurance payments in the event of the death of the insured as a result of an insured event may be granted by a court decision to disabled persons who had earnings during the life of the insured, in the event that part of the earnings of the insured was their permanent and main source of livelihood. The federal law also provides for accident insurance for persons performing work on the basis of civil law contracts. These persons will be entitled to receive social insurance coverage if, under the terms of a civil law contract, insurance premiums for this type of social insurance are paid in their favor.

Thus, the Federal Law "On Compulsory Social Insurance against Industrial Accidents and Occupational Diseases" establishes legal, economic and organizational foundations for the protection of workers in order to:

reducing the level of industrial injuries;
social protection of the insured in case of accidents at work and occupational diseases;
ensuring the economic interest of subjects of insurance;
reducing the occupational risk of damage to the health of workers;
improvement of working conditions and labor protection.

For the first time in domestic practice, it is planned to use the mechanism of economic interest of employers, based on the use of a flexible system of differentiated insurance rates, depending on the actual costs associated with compensation for harm, as well as on the working conditions provided in the organization, the levels of industrial injuries and occupational morbidity achieved.

According to Art. 8 of the Federal Law "On Compulsory Social Insurance against Industrial Accidents and Occupational Diseases" the following types can be assigned provision for insurance:

temporary disability benefits assigned in connection with an insured event and paid at the expense of funds for compulsory social insurance against industrial accidents and occupational diseases;
lump-sum insurance payments to the insured person or persons entitled to receive such payment in the event of his death;
monthly insurance payments to the insured or persons entitled to receive such payments in the event of his death;
payment of additional costs associated with damage to the health of the insured, for his medical, social and professional rehabilitation.

Temporary Disability Allowance in connection with an accident at work or an occupational disease is paid for the entire period of temporary disability of the insured person until his recovery or the establishment of a permanent loss of professional ability to work in the amount of 100% of his average earnings (without limiting the maximum amount of earnings), calculated in accordance with the legislation of the Russian Federation on benefits for temporary disability.

One-time insurance payments and monthly insurance payments appointed and paid:

to the insured - if, according to the conclusion of the institution of medical and social expertise, the result of the occurrence of the insured event was the loss of his professional ability to work;
persons entitled to receive them - if the result of the insured event was the death of the insured.

Lump sum insurance payments are paid to the insured no later than one calendar month from the date of the appointment of the said payments, and in the event of the death of the insured - to persons entitled to receive them, within two days from the date the insurant submits to the insurer all the documents necessary for the appointment of such payments.

The amount of a one-time insurance payment is determined in accordance with the degree of loss of professional capacity for work by the insured person, based on the sixty-fold minimum wage established by federal law on the day of such payment. In the event of the death of the insured, the lump-sum insurance payment is set in full, taking into account regional coefficients for the given area.

Monthly insurance payments are paid to the insured during the entire period of permanent loss of their professional ability to work, and in the event of the death of the insured - to persons entitled to receive them. The insured, for whom the degree of loss of professional ability to work is less than 10%, monthly insurance payments are not assigned. The amount of the monthly insurance payment is determined as the share of the average monthly earnings of the insured person before the occurrence of the insured event, calculated in accordance with the degree of loss of his professional ability to work, taking into account all types of remuneration (income).

Authors: Volkhin S.N., Petrova S.P., Petrov V.P.

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