Compensation for moral damage. Occupational Safety and Health

OCCUPATIONAL SAFETY AND HEALTH
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Compensation for moral damage. Occupational Safety and Health

Occupational Safety and Health

Occupational Safety and Health / Legislative basis for labor protection

Grounds and amount of compensation to a citizen moral damage determined by the rules provided for in Chapter 59 and Article 151 of the Civil Code. In this case, compensation for moral damage is carried out regardless of the property damage subject to compensation.

When harm is caused to the life or health of a citizen by a source of increased danger, compensation for moral damage is carried out regardless of the fault of the tortfeasor.

Article 1101 of the Civil Code of the Russian Federation defines "Method and amount of compensation for non-pecuniary damage":

"1. Compensation for moral damage is carried out in cash.

2. The amount of compensation for non-pecuniary damage is determined by the court depending on the nature of the physical and moral suffering caused to the victim, as well as the degree of guilt of the tortfeasor in cases where guilt is the basis for compensation for harm. When determining the amount of compensation for harm, the requirements of reasonableness and fairness must be taken into account.

The nature of the physical and moral suffering is assessed by the court, taking into account the actual circumstances under which the moral harm was inflicted, and the individual characteristics of the victim.

Compensation for non-pecuniary damage, for all its outward simplicity, turned out to be closely connected with a mass of subjective criteria, which not only put the courts in a difficult position, but also introduced significant uncertainty in the relationship of the parties. Where is the boundary between moral damage and harm to health, how to prove the "size" of moral damage and whether it needs to be proved at all - there is no clear and unambiguous answer to these questions.

Currently, in judicial practice, there is a common approach to determining the amount of compensation for moral damage based on the amount of material damage caused. At the same time, the amount of compensation for moral damage is determined both equivalent to the amount of material damage caused, and in some part of it.

An analysis of judicial practice gives reason to assert that in the vast majority of claims for compensation for moral damage, the amount claimed as such, as a rule, is not confirmed by anything. Due to the lack of a methodology for determining the amount of compensation for non-pecuniary damage, the amount of monetary compensation in claims is overstated in the hope of obtaining a significant amount. However, claims for compensation for non-pecuniary damage are in most cases satisfied by the courts, especially when they are related to severe injury and / or death of the injured worker.

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

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