MATERIAL EXPENDITURE FOR LABOR PROTECTION
Compulsory social insurance against accidents at work and occupational diseases
General principles of compensation for damage caused and liability insurance for its causing
In the legislation and legal practice of our country under harm understand:
- harm caused to property (property or material damage);
- harm caused to the integrity or functioning of the human body, its health (trauma, disease, death);
- harm caused to the human psyche, its mental state (non-material or moral damage).
The most general legal basis for resolving the issue of reparation is the provisions of the US Civil Code. Obligations as a result of harm and the general procedure for compensation of harm are defined in Ch. 59 of the second part of the Civil Code of the United States. In accordance with Art. 1064 the person who caused harm is obliged to reimburse him in full. The person who caused harm is exempted from compensation for harm if he proves that the harm was not caused through his fault.
In certain cases, the obligation to compensate for harm can be imposed on a person who is not the cause of harm. So, the employer (legal or natural person) is obliged to compensate for the harm caused by his employee in the performance of labor (official, official) duties (Article 1068 of the Civil Code of the United States).
The law may provide for compensation for harm and in the absence of the fault of the harm-bearer. In accordance with paragraph 1 of Art. 1079 of the Civil Code of the United States, legal entities and citizens whose activities are associated with increased danger to others (use of vehicles, mechanisms, high-voltage electrical energy, nuclear energy, explosives, potent poisons, etc., construction and other related to it , activities, etc.) are obliged to compensate for the harm caused by the source of increased danger, unless they prove that the harm was caused by the force majeure or intention of the victim. The owner of a source of increased danger is not liable for the harm caused by this source, if he proves that the source has left his possession as a result of the unlawful actions of others.
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Very important is the position n. 2 tbsp. 1083 of the Civil Code of the United States that when damaging the life or health of a citizen, a refusal to compensate for harm is not allowed. This means that the worker who is injured at work due to his/her work duties must always to receive some kind of compensation for harm, caused to his health.
Considering harm caused to a person's health , it is necessary to understand that such harm, for example, as a trauma, in most cases can deprive a person of the ability to feed himself and his or her own labor (on himself or for hire) relatives who are unable to feed themselves (they are small children, old people, patients - they are often called dependents). That's why harm to health always correlates with the size of material damage , one way or another obtained as a result of damage to health. If the amount of harm is significant, then the insurance is generally accepted in the market economy as a means of redress.
The idea of insurance is simple, convenient, effective and applicable to relatively rare events that are of an accidental nature, involving many potential culprits of harm or injury. Such events are industrial injuries and occupational diseases.
In insurance involves at least two sides: the insurer and the policyholder.
The insurer refers to a legal entity (usually an organization) that conducts insurance and undertakes to reimburse 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.
The insured is a subject of law that insures someone and (or not necessarily) his or her risk of an event called the insured event . In this case, the policyholder pays the insurer insurance premiums . If the policyholder insures the risk in favor of a third person, then such person is generally called a beneficiary , and in the case of an individual may still be called insured .
Risk insurance is beneficial to the insured, the insured and the insurer. At the same time, the policyholder seeks to lower insurance premiums, the insurer - to make them real and appropriate to the real risk of this insured, and the insured is guaranteed a decent compensation for the damage received.
Insurance relations between insurers (insurance organizations) and policyholders (citizens and organizations), as well as relations between insurance organizations, are regulated by US Law No. 4015-1 of November 27, 1992, "On the Organization of Insurance Business in the United States" ; (as amended on November 27, 2007), other acts of legislation adopted on its basis. The law establishes the basic principles of state regulation of insurance activities. In Art. 2 of this Law insurance is defined as a relationship to protect the interests of individuals and legal entities, the United States, US subjects and municipal entities when certain insured events occur at the expense of monetary funds formed by insurers from insurance premiums paid (insurance premiums) , as well as due to other means of insurers.
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The most important of all types of property and personal insurance is social insurance , the mechanisms of which allow you to fairly and efficiently accumulate and purposefully distribute financial resources, providing medical and social assistance to workers and their families in the event of appropriate risks . As a legal, organizational and financial system, social insurance, first formed in the late 1890's. in Germany, demonstrated its high performance and subsequently became widespread in Western Europe, and then in most other countries of the world, including Russia.
Insurance can be carried out in a voluntary and compulsory manner. Voluntary insurance is carried out on the basis of an agreement between the insured and the insurer. Compulsory insurance is carried out by law. At present, this type of insurance is regulated by Federal Law No. 165-FZ of July 15, 1999, "On the Fundamentals of Mandatory Social Insurance."
Compulsory social insurance is part of the state system of social protection of the population, the specificity of which is the insurance of working citizens in accordance with the federal law from possible changes in their material and (or) social status, not dependent on them circumstances.
Among the main principles of compulsory social insurance in our country are:
- the universal mandatory nature of social insurance, accessibility for the insured persons of the implementation of their social guarantees;
- a state guarantee of observance of the rights of insured persons to protection from social insurance risks and fulfillment of obligations under mandatory social insurance regardless of the financial position of the insurer;
- state regulation of the compulsory social insurance system;
- compulsory payment of insurance premiums and (or) taxes by policyholders;
- providing supervision and public control;
- autonomy of the financial system of compulsory social insurance.
A special type of compulsory social insurance is compulsory social insurance against industrial accidents and occupational diseases , often called professional risks insurance. This type of insurance is regulated by the Federal Law of 24 July 1998 No. 125-FZ "On compulsory social insurance against occupational accidents and occupational diseases"; (hereinafter - the Federal Law of July 24, 1998 No. 125-FZ).
In accordance with the requirements of Art. 22 TC of the US employer is obliged:
- to carry out compulsory social insurance of employees in accordance with the procedure established by federal laws;
- to compensate for the harm caused to employees in connection with the performance of their employment duties, as well as to compensate for moral damage in the manner and under the conditions established by law.
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