Rights, obligations and liability of subjects of insurance. Occupational Safety and Health

Free technical library

OCCUPATIONAL SAFETY AND HEALTH
Free library / Occupational Safety and Health

Rights, obligations and liability of subjects of insurance. Occupational Safety and Health

Occupational Safety and Health

Occupational Safety and Health / Legislative basis for labor protection

Comments on the article

Rights and obligations of the insured Art. 16 of Federal Law No. 125-FZ.

According to her the insured is entitled to:

1) insurance coverage in the manner and on the terms established by this Federal Law;

2) participation in the investigation of an insured event, including with the participation of a trade union body or its authorized representative;

3) appealing decisions on the investigation of insurance cases to the state labor inspectorate, trade union bodies and the court;

4) protection of their rights and legitimate interests, including in court;

5) free training in safe methods and techniques of work on the job, as well as off-the-job in the manner determined by the Government of the Russian Federation, with the preservation of average earnings and payment of travel expenses;

6) independent appeal to treatment and preventive institutions of the state health care system and medical and social examination institutions on issues of medical examination and re-examination;

7) contacting trade unions or other representative bodies authorized by the insured on issues of compulsory social insurance against industrial accidents and occupational diseases;

8) receiving from the policyholder and the insurer free information about their rights and obligations under compulsory social insurance against industrial accidents and occupational diseases.

The insured is obliged:

1) comply with labor protection rules and labor protection instructions;

2) notify the insurer of a change in his place of residence or place of work, as well as the occurrence of circumstances entailing a change in the amount of insurance coverage he receives or loss of the right to receive insurance coverage, within 10 days from the date of occurrence of such circumstances;

3) comply with recommendations for medical, social and professional rehabilitation within the time limits established by the rehabilitation program for victims of an industrial accident and occupational disease, undergo medical examinations and re-examinations within the time limits established by medical and social examination institutions, as well as upon the direction of the insurer.

Rights and obligations of the policyholder Art. 17 of Federal Law No. 125-FZ.

According to it, the policyholder has the right:

1) participate in the establishment of allowances and discounts to the insurance tariff;

2) demand the participation of the executive body for labor in verifying the correctness of the establishment of premiums and discounts to the insurance tariff;

3) protect their rights and legitimate interests, as well as the rights and legitimate interests of the insured, including in court.

The policyholder is obliged:

1) promptly submit to the executive bodies of the insurer the documents necessary for registration as an insured;

2) in the prescribed manner and within the time limits specified by the insurer, calculate and transfer insurance premiums to the insurer;

3) execute decisions of the insurer on insurance payments;

4) provide measures to prevent the occurrence of insured events, bear responsibility in accordance with the legislation of the Russian Federation for failure to ensure safe working conditions;

5) investigate insured events in the manner established by the Government of the Russian Federation;

6) within XNUMX hours from the date of occurrence of the insured event, inform the insurer about it;

7) collect and submit at his own expense to the insurer, within the time frame established by the insurer, documents (their certified copies) that are the basis for the calculation and payment of insurance premiums, assignment of insurance coverage, and other information necessary for the implementation of compulsory social insurance against accidents at work and occupational diseases;

8) send the insured person to a medical and social examination institution for examination (re-examination) within the time limits established by the medical and social examination institution;

9) submit to medical and social examination institutions the conclusions of the state examination body of working conditions on the nature and working conditions of the insured, which preceded the occurrence of the insured event;

10) provide the insured person who needs treatment for reasons related to the occurrence of an insured event with paid leave for sanatorium treatment (in addition to the annual paid leave established by the legislation of the Russian Federation) for the entire period of treatment and travel to the place of treatment and back;

11) train the insured in safe methods and techniques of work on the job at the expense of the insured;

12) send certain categories of insured persons to training in labor protection in the manner determined by the Government of the Russian Federation;

13) notify the insurer in a timely manner of its reorganization or liquidation;

14) implement decisions of the state labor inspectorate on issues of preventing the occurrence of insured events and their investigation;

15) provide the insured with certified copies of documents that are the basis for insurance coverage;

16) explain to the insured their rights and obligations, as well as the procedure and conditions of compulsory social insurance against industrial accidents and occupational diseases;

17) keep records of the accrual and transfer of insurance premiums and insurance payments made by him, ensure the safety of the documents in his possession that are the basis for insurance coverage, and submit reports to the insurer in the form established by the insurer;

18) inform the insurer about all known circumstances that are relevant when the insurer determines, in the prescribed manner, premiums and discounts to the insurance tariff.

Rights and obligations of the insurer Art. 18 of Federal Law No. 125-FZ.

According to the article the insurer has the right:

1) establish premiums and discounts on the insurance tariff for policyholders in the manner determined by the Government of the Russian Federation;

2) participate in the investigation of insured events, examination, re-examination of the insured in a medical and social examination institution and determining his need for social, medical and professional rehabilitation;

3) send the insured person to a medical and social examination institution for examination (re-examination);

4) check information about insured events in organizations of any organizational and legal form;

5) interact with the state labor inspectorate, executive labor authorities, medical and social examination institutions, trade unions, as well as other authorized insured bodies on issues of compulsory social insurance against industrial accidents and occupational diseases;

6) give recommendations on preventing the occurrence of insured events;

7) protect their rights and legitimate interests, as well as the rights and legitimate interests of the insured, including in court.

The insurer is obliged:

1) timely register policyholders;

2) collect insurance premiums;

3) promptly provide insurance coverage in the amounts and terms established by Federal Law No. 125-FZ, including the necessary delivery and transfer of funds for insurance coverage;

4) provide insurance coverage for persons entitled to receive it and who have left for permanent residence outside the Russian Federation, in the manner determined by the Government of the Russian Federation;

5) transfer to the federal executive body, which carries out the functions of developing state policy and legal regulation in the field of labor, funds for its implementation of training activities provided for in subsection. 12 paragraph 2 art. 17 of Federal Law No. 125-FZ, and for carrying out research work on labor protection issues;

6) ensure accounting of the use of funds for the implementation of compulsory social insurance against accidents at work and occupational diseases;

7) implement decisions of the state labor inspectorate on issues of compulsory social insurance against industrial accidents and occupational diseases;

8) control the activities of the policyholder in fulfilling his obligations under Art. 17 and 19 of Federal Law No. 125-FZ;

9) explain to the insured and policyholders their rights and obligations, as well as the procedure and conditions of compulsory social insurance against industrial accidents and occupational diseases;

10) accumulate capitalized payments in the event of liquidation of the policyholder;

11) implement the necessary measures to ensure the financial sustainability of the system of compulsory social insurance against industrial accidents and occupational diseases, including the formation of reserves of funds for the implementation of this type of social insurance, in accordance with the Federal Law on the budget of the Social Insurance Fund of the Russian Federation for the corresponding financial year;

12) ensure the confidentiality of information received as a result of its activities about the policyholder, the insured and persons entitled to receive insurance payments.

Liability of subjects of insurance established in Art. 19 of Federal Law No. 125-FZ.

The insured bears responsibility for failure to fulfill or improper fulfillment of the duties assigned to him by law for timely registration as an insured with the insurer, timely and full payment of insurance premiums, timely submission of established reports to the insurer, as well as for timely and full payment of insurance payments assigned by the insurer to the insured.

Violation of Art. 6 of Federal Law No. 125-FZ, the period of registration as an insured with the insurer entails a fine in the amount of 5 thousand rubles.

Violation of Art. 6 of Federal Law No. 125-FZ, the period of registration as an insured with an insurer for more than 90 days entails a fine of 10 thousand rubles.

Carrying out activities by an individual who has entered into an employment contract with an employee without registering as an insured with the insurer entails a fine in the amount of 10% of the taxable base for calculating insurance premiums, determined for the entire period of carrying out the activity without the specified registration with the insurer, but not less than 20 thousand. rub.

Bringing to administrative liability for violations of the requirements of compulsory social insurance against accidents at work and occupational diseases is carried out in accordance with the Code of the Russian Federation on Administrative Offenses.

In case of concealment or unreliability of the information provided by them, necessary to confirm the right to receive insurance coverage, the insured and persons who are granted the right to receive insurance payments are obliged to reimburse the insurer for unnecessary expenses incurred by him voluntarily or on the basis of a court decision.

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

We recommend interesting articles Section Occupational Safety and Health:

▪ Help with bites

▪ Contact hazard conditions in three-phase networks

▪ Mechanisms of occurrence and development of fires

See other articles Section Occupational Safety and Health.

Read and write useful comments on this article.

<< Back

Latest news of science and technology, new electronics:

Artificial leather for touch emulation 15.04.2024

In a modern technology world where distance is becoming increasingly commonplace, maintaining connection and a sense of closeness is important. Recent developments in artificial skin by German scientists from Saarland University represent a new era in virtual interactions. German researchers from Saarland University have developed ultra-thin films that can transmit the sensation of touch over a distance. This cutting-edge technology provides new opportunities for virtual communication, especially for those who find themselves far from their loved ones. The ultra-thin films developed by the researchers, just 50 micrometers thick, can be integrated into textiles and worn like a second skin. These films act as sensors that recognize tactile signals from mom or dad, and as actuators that transmit these movements to the baby. Parents' touch to the fabric activates sensors that react to pressure and deform the ultra-thin film. This ... >>

Petgugu Global cat litter 15.04.2024

Taking care of pets can often be a challenge, especially when it comes to keeping your home clean. A new interesting solution from the Petgugu Global startup has been presented, which will make life easier for cat owners and help them keep their home perfectly clean and tidy. Startup Petgugu Global has unveiled a unique cat toilet that can automatically flush feces, keeping your home clean and fresh. This innovative device is equipped with various smart sensors that monitor your pet's toilet activity and activate to automatically clean after use. The device connects to the sewer system and ensures efficient waste removal without the need for intervention from the owner. Additionally, the toilet has a large flushable storage capacity, making it ideal for multi-cat households. The Petgugu cat litter bowl is designed for use with water-soluble litters and offers a range of additional ... >>

The attractiveness of caring men 14.04.2024

The stereotype that women prefer "bad boys" has long been widespread. However, recent research conducted by British scientists from Monash University offers a new perspective on this issue. They looked at how women responded to men's emotional responsibility and willingness to help others. The study's findings could change our understanding of what makes men attractive to women. A study conducted by scientists from Monash University leads to new findings about men's attractiveness to women. In the experiment, women were shown photographs of men with brief stories about their behavior in various situations, including their reaction to an encounter with a homeless person. Some of the men ignored the homeless man, while others helped him, such as buying him food. A study found that men who showed empathy and kindness were more attractive to women compared to men who showed empathy and kindness. ... >>

Random news from the Archive

Dirty air makes people stupid 01.09.2018

According to a new study by scientists in the US and China, prolonged exposure to polluted air affects human cognitive performance.

To investigate the link between air pollution and cognition, the researchers turned to the results of the China Family Panel Studies, an annual test of Chinese citizens that includes verbal and mathematical tests of cognitive performance. The scientists especially focused on the results obtained from 2010 to 2014 in 162 randomly selected Chinese regions. In total, about 20 people participated in the study in this way.

They then used official air pollution data to calculate how much a person was exposed to it between inspections. So scientists were able to determine how dirty air affects the human intellect.

The results were rather unpleasant, especially in the case of older people. “We already understand that air pollution can reduce the level of education for a whole year, which is a huge figure,” says Qi Chen, one of the researchers. “But we also found that this effect is even more pronounced in older men over 64 and with low level of education. If you calculate the cognitive losses for them, then there the number goes on for several years. "

Researchers do not yet know why pollution has such an effect. But they are sure that it causes mental decline - that is, it is not just a correlation between the two indicators. Perhaps the whole point is that such air adversely affects the white matter in the brain.

Other interesting news:

▪ New digital production of micro and macro satellites with a space simulator

▪ Warm up with your breath

▪ Computer controlled by mime

▪ Nanomechanical microchip sensor with ceramic coating

▪ quantum spin liquid

News feed of science and technology, new electronics

Interesting materials of the Free Technical Library:

▪ section of the site Application of microcircuits. Article selection

▪ article Radioactive contamination. Basics of safe life

▪ article When could not only people, but also animals become accused in courts? Detailed answer

▪ article Packing machine operator. Standard instruction on labor protection

▪ article Metal detector. Encyclopedia of radio electronics and electrical engineering

▪ article Electron-optical converters. Encyclopedia of radio electronics and electrical engineering

Leave your comment on this article:

All languages of this page

Home page | Library | Articles | Website map | Site Reviews