The procedure for compensation for harm caused to the life and health of citizens. Occupational Safety and Health

OCCUPATIONAL SAFETY AND HEALTH
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The procedure for compensation for harm caused to the life and health of citizens. Occupational Safety and Health

Occupational Safety and Health

Occupational Safety and Health / Legislative basis for labor protection

The procedure for compensation for harm caused to the life and health of citizens is determined by Articles 1084-1094, grouped in paragraph 2 of Chapter 59 of the Civil Code of the Russian Federation. They cover in sufficient detail the entire sequence of actions related to determining the volume and nature of compensation for harm, the procedure for calculating earnings (income) lost as a result of damage to health or incurred in the event of the death of the breadwinner, the procedure for subsequent changes in the amount of compensation for harm and the procedure for increasing it in connection with rising cost of living and raising the minimum wage.

Since compensation for harm caused to the life or health of a citizen is made in cash, the content of Article 1085 of the Civil Code of the Russian Federation is important. "The scope and nature of compensation for harm caused by damage to health":

"1. When a citizen is injured or otherwise damaged in his health, the lost earnings (income) that he had or could definitely have, as well as additional expenses incurred due to damage to health, including the costs of treatment, additional food, purchase drugs, prosthetics, outside care, sanatorium treatment, purchase of special vehicles, training for another profession, if it is established that the victim needs these types of assistance and care and is not entitled to receive them free of charge ...

3. The volume and amount of compensation due to the victim in accordance with this article may be increased by law ... "

Particular attention in civil law is paid to the procedure for compensation for damage in case of damage to the health of a person who has not reached the age of majority. At the same time, the approach to calculating the amount of compensation for the harm caused is differentiated depending on the age of the victim, as well as the availability of his earnings. So, in case of injury or other damage to the health of a minor who has not reached fourteen years of age (minor) and does not have earnings or income, the person responsible for the harm caused is obliged to reimburse the costs caused by damage to health.

Upon reaching the juvenile victim of fourteen years, as well as in case of causing harm to a minor aged fourteen to eighteen years who does not have earnings or income, the person responsible for the harm caused is obliged to compensate the victim, in addition to the costs caused by damage to health, also the harm associated with loss or reduction of his ability to work, based on the value of the subsistence minimum for the able-bodied population as a whole in the Russian Federation, established in accordance with the law.

If at the time of damage to his health, the minor had earnings, then the damage is compensated based on the amount of this earnings, but not lower than the subsistence minimum established in accordance with the law for the able-bodied population as a whole in the Russian Federation.

After the start of labor activity, a minor whose health was previously harmed has the right to demand an increase in the amount of compensation for harm based on the earnings he receives, but not less than the amount of remuneration established for his position, or the earnings of an employee of the same qualification at his place of work.

Returning to the consideration of the issue of awarding compensation for the damage caused, it should be noted that the victim, who has partially lost his ability to work, has the right at any time to demand from the person who is entrusted with the obligation to compensate for harm, an appropriate increase in the amount of his compensation, if his ability to work has subsequently decreased due to caused damage to health in comparison with that which remained with him at the time of awarding him compensation for harm.

At the same time, the person who is entrusted with the obligation to compensate for harm caused to the health of the victim has the right to demand a corresponding reduction in the amount of compensation if the victim’s working capacity has increased compared to that which he had at the time of awarding compensation. The amount of compensation may be increased by law or contract.

It is interesting to note that according to Article 1072 "Compensation for damage by a person who has insured his liability", "a legal entity or a citizen who has insured their liability in the form of voluntary or compulsory insurance in favor of the victim (Article 931, paragraph 1 of Article 935), in the event that the insurance indemnity is not enough to fully compensate for the harm caused, reimburse the difference between the insurance indemnity and the actual amount of damage.

Authors: Fainburg G.Z., Ovsyankin A.D., Potemkin V.I.

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