MORAL DAMAGE
COMPENSATION OF DAMAGES IN CASE OF INJURY TO THE HEALTH OF THE WORKER AT THE ENTREPRISE
Podilskyi Law Center reminds that every employee has the right to compensation for non-pecuniary damage in case of any damage to health and life associated with production at the enterprise.
Injuries during the working process, occupational diseases, harmful working conditions - all this can be grounds for receiving monetary compensation in case of appeal to the Court.
Who reimburses?
Under current law, it is the employer, as the person responsible for the damage, who is liable for compensation for non-pecuniary damage to all employees for damage to their health at work.
Interestingly, previously the law imposed the obligation to compensate the damage caused to the employee as a result of damage to his health, on the Social Insurance Fund of Ukraine and defined such situations as insured events.
After amendments to the Law of Ukraine "On Compulsory State Social Insurance against Accidents at Work and Occupational Diseases That Caused Disability" - non-pecuniary damage is compensated regardless of the time of the insured event and in accordance with the Civil Code of Ukraine and the Labor Code Of Ukraine .
What can be the grounds for compensation?
Judicial practice shows that situations with compensation can vary quite differentle.
For example, on December 14, 2020, the Supreme Court in case спра 210/2271/19 agreed to compensate for non-pecuniary damage in connection with the death of the plaintiff's father as a result of mechanical asphyxia during drowning in a sewer well.
In the decision of the Supreme Court of June 15, 2020 in the case № 212/3137/17-ts, moral damage was compensated in connection with the infliction of moral suffering and loss of normal life ties of the plaintiff, which required him to make additional efforts to organize his life.
Interestingly, according to the position of the Plenum of the Supreme Court in paragraph 13 of the Resolution "On judicial practice in cases of compensation for non-pecuniary (non-pecuniary) damage" , even compensation for non-payment of pecuniary damage caused by non-payment of money to the employee conditions, etc.
Losses such as loss of ability to work, disability due to an accident at work or occupational diseases due to harmful working conditions at the enterprise may also be subject to moral compensation.
How to get a refund?
The most effective way is to sue for moral damages and seek the help of experienced lawyers. Specialists of the Podolsk Legal Center are ready to help you with this!
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