Insurance as a way to compensate for harm. Occupational Safety and Health

OCCUPATIONAL SAFETY AND HEALTH
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Insurance as a way to compensate for harm. Occupational Safety and Health

Occupational Safety and Health

Occupational Safety and Health / Legislative basis for labor protection

Harm caused to an employee in the form of industrial injuries or occupational diseases or other damage to health associated with the employee’s performance of his work duties is subject to compensation by the person who caused this harm.

Therefore, the victim (the employee himself or members of his family left without a breadwinner) must receive compensation for the inability he received to maintain his existence at the same level as before the damage to his health. If for some reason this does not happen, then the victim finds himself without a livelihood.

Changes in the economy required changes in the system of social protection for victims at work, using the successful experience of solving this problem by most developed market economy countries through the use of social insurance mechanisms. Insurance allows you to take into account the probabilistic (random) nature of accidents or occupational diseases.

Since an accident or occupational disease is not an obligatory consequence of production activity, but occurs only with a certain degree of risk, the compensation system should be built on principles adequate to the probabilistic nature of the risk - the principles of insurance.

As is known, principle of risk insurance consists in the fact that with the help of small but constant contributions, a significant insurance fund is consolidated, which, if the risk materializes, is paid to the victim. Insurance involves at least two parties - the insurer and the policyholder.

Insured is a subject of law who insures any risk of some event, called insured event. In this case, the policyholder pays insurance premiums to the insurer. If the policyholder insures a risk in favor of a third party, then such a person is generally called beneficiary, and in the case of an individual may also be called insured.

By the insurer is a subject of law (usually an organization) that carries out insurance and undertakes the obligation to compensate the insured or other persons participating in the insurance for damage or to pay the insured amount. In this case, the insurer organizes the creation and expenditure of the insurance fund. Compensation for damage occurs only in the event of an insured event.

Professional risk insurance is beneficial for both the insured, the policyholder, and the insurer. At the same time, the policyholder strives to reduce insurance premiums, the insurer strives to make them realistic and corresponding to the real risk of this policyholder, and the insured is guaranteed payment of decent compensation for the damage received.

Federal Law No. 24-FZ of July 1998, 125 “On compulsory social insurance against industrial accidents and occupational diseases” established in Russia, from January 6, 2000, the procedure for liability insurance for industrial accidents and occupational diseases.

Recall that insurance is a relationship to protect the property interests of individuals and legal entities in the event of the occurrence of certain events (insured events) at the expense of monetary funds formed from the insurance premiums (insurance premiums) paid by them.

Compulsory social insurance - part of the state system of social protection of the population, the specificity of which is the insurance of working citizens, carried out in accordance with federal law, against possible changes in their financial and (or) social situation, including due to circumstances beyond their control.

In general, compulsory social insurance is a system of legal, economic and organizational measures created by the state aimed at compensating or minimizing the consequences of changes in the material and (or) social situation of working citizens, and in cases provided for by the legislation of the Russian Federation, other categories of citizens due to their recognition as unemployed , labor injury or occupational disease, disability, illness, injury, pregnancy and childbirth, loss of a breadwinner, as well as the onset of old age, the need to receive medical care, sanatorium treatment and the occurrence of other social insurance risks established by the legislation of the Russian Federation, subject to compulsory social insurance.

The main principles of implementation of compulsory social insurance are:

the stability of the financial system of compulsory social insurance, ensured on the basis of the equivalence of the insurance coverage of compulsory social insurance;
the universal compulsory nature of social insurance, the availability for insured persons of the implementation of their social guarantees;
state guarantee of observance of the rights of insured persons to protection from social insurance risks and fulfillment of obligations under compulsory social insurance, regardless of the financial situation of the insurer;
state regulation of the system of compulsory social insurance;
parity of participation of representatives of compulsory social insurance subjects in the governing bodies of the compulsory social insurance system;
mandatory payment by policyholders of insurance premiums and (or) taxes;
responsibility for the intended use of compulsory social insurance funds;
ensuring supervision and public control;
autonomy of the financial system of compulsory social insurance.

By species social insurance risks are:

1) the need to receive medical care;

2) temporary disability;

3) work injury and occupational disease;

4) motherhood;

5) disability;

6) the onset of old age;

7) loss of a breadwinner;

8) recognition as unemployed;

9) death of the insured person or disabled members of his family who are dependent on him.

The object of compulsory social insurance against accidents at work and occupational diseases are the property interests of individuals associated with the loss of these individuals’ health, professional ability to work, or their death as a result of an industrial accident or occupational disease.

In accordance with the requirements of the Labor Code of the Russian Federation the employer is obliged (among other things, Art. 212):

carry out compulsory social insurance of employees in the manner established by federal laws;
compensate for harm caused to employees in connection with the performance of their labor duties, as well as compensate for moral damage in the manner prescribed by law.

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

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