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Compensation payments for damage caused by an accident at work or occupational disease: who can receive?

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Ostapulia Andriy
Ostapulia Andriy
Lawyer
Ukraine / Kyiv

i

Reading time: 5 minutes Total views: 23
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Publication date: 03.06.2024

active and purposeful military lawyer with more than 4 years of experience

Compensation payments for damage caused by an accident at work or occupational disease: who can receive?


1. Introduction


Accidents at work and occupational diseases can have serious consequences for workers, including disability or even death. In such cases, the legislation provides for compensation payments to the victims or their families. In this article, we will consider who has the right to receive such payments and what conditions must be met in order to receive them.


2. Legislative regulation


2.1. Basic normative acts
In Ukraine, issues of compensation for damage caused as a result of an accident at work or an occupational disease are regulated by the Law of Ukraine "On Mandatory State Social Insurance" and the Labor Code of Ukraine. These regulations determine the procedure, conditions and amounts of payments.
2.2. Social insurance fund
Payments are made at the expense of the Social Insurance Fund of Ukraine (FSSU), which provides social protection for employees in the event of insured events, such as accidents at work and occupational diseases.


3. Who can receive payments?


3.1. Injured workers
The main recipients of payments are workers who have suffered damage as a result of an accident at work or an occupational disease. They are entitled to the following types of compensation:
One-time benefit — paid in case of disability.
Monthly payments — intended to compensate for lost wages due to reduced work capacity.Medical assistance — includes coverage of the costs of treatment, rehabilitation and medication.
3.2. Families of dead workers
In case of death of an employee as a result of an accident at work or an occupational disease, his family members are entitled to receive benefits:
A one-time benefit is paid to family members of a deceased employee.
Monthly payments are given to the dependents of the deceased employee until they reach adulthood or complete their studies.
3.3. Dependents
Dependents can be children who have not reached the age of majority, full-time students under the age of 23, as well as disabled family members who were dependent on the deceased employee.


4. Conditions for receiving payments


4.1. Registration of an accident
The first step in obtaining compensation is to register an accident at work or an occupational disease. This includes drawing up a report on an accident (form H-1) or a report on an occupational disease.
4.2. Investigation
After registering an accident, an investigation is conducted to establish the causes and circumstances of the incident. This process includes examinations and conclusions of medical institutions.
4.3. Submitting an application to the Social Insurance Fund
To receive benefits, the employee or his representative must submit an application to the Social Insurance Fund together with the necessary documents, such as an accident certificate, medical reports, salary certificates, etc.

 

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