Application of Legislation on Accident and Occupational Disease Insurance.

01.04.2011

Legal Update No. 229.

Goltsblat BLP advises that Resolution of the Plenum of the Russian Supreme Court No. 2 “On Application by Courts of the Legislation on Compulsory Insurance against Industrial Injury and Occupational Disease” came into effect on 19 March 2011. It provides relevant clarifications for general jurisdiction courts, including as follows. 

  • Disputes over compensation for harm (including moral harm) in connection with industrial injury and occupational disease are within the terms of reference of district courts of general jurisdiction.
  • Claimants in relevant lawsuits do not have to pay stamp duty.
  • The right to insurance compensation is available to insured persons and, in the event of their death, to disabled dependants and children. The right of disabled dependants to compensation for harm in the event of loss of the breadwinner does not depend on their relationship or affinity to the dead breadwinner.  The legal fact of being dependant and disabled are fundamental here.
  • Since compensation for moral harm is not stipulated under compulsory insurance against industrial injury and occupational disease, the court will be entitled to engage the inflictor (the employer or person responsible for the harm) as a co-defendant.
  • In order to classify an event causing harm to life or health correctly, the following legally essential circumstances must be identified in each case:  whether the person participates in the employer’s production activities; whether the event is classified as an accident and whether the circumstances of the event fall within the scope of circumstances related (Article 227, Part 3, of the Russian Labour Code) or non-related (Article 2292, Part 6, of the Russian Labour Code) to production; whether the person has been subject to compulsory insurance against industrial injury and occupational disease.
  • If the employer failed to register as the insured and pay the insurance premium for the employee, the insurance compensation for the harm caused must be collected to the benefit of the employee from the Social Insurance Fund, as the employer's failure to fulfil it obligations must not affect the injured employee adversely.
  • The degree to which the employee has lost his/her operational capacity depends on whether the injured person is able to perform any activity other than that he/she actually performed before the insured event. So, if the insured person is not able to perform work requiring a certain qualification in a certain quantity and of a certain quality, his/her occupational capacity is deemed to be lost completely.
  • The given resolution clarifies in detail the procedure to be followed if the insured person disagrees with the degree of loss of occupational capacity assigned thereto, sets time limits for payment of insurance compensation, establishes the calculation and indexation procedures, etc.

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