scholarly journals Compensation for moral damage caused as a result of an injury at work or occupational disease

2019 ◽  
pp. 48-55
Author(s):  
T.V. Vodopian

State policy in the field of occupational safety is aimed at creating proper, safe, and healthy working conditions, prevention of accidents and occupational injuries. Despite this, unfortunately, in Ukraine, many injuries, as well as deaths resulting from workplace injuries and illnesses, are recorded annually. According to the requirements of the labor legislation, the owner or his authorized body shall be entrusted with ensuring safe and harmless working conditions. Moral damage caused by workplace injuries and illness issues is governed by the rules of civil law and labor law and social security law. In the event of harm to an employee, the employer has a duty to compensate for material and moral damage, whereby the latter is liable to compensation if the violations of the employee’s legal rights have resulted in moral suffering, loss of normal life ties, and require him / her extra life for organizing. Both the employer and the Social Insurance Fund are subject to compensation for material damage caused to the employee as a result of workplace injuries and illnesses, and only the employer is responsible for moral damage. There are no clear algorithms for calculating the number of moral damages, the lower or the upper limit, and the court must consider the requirements of reasonableness and fairness in determining the number of moral damages. Moral damage is compensated irrespective of the material damage to be recovered and is not related to the amount of such compensation. The amount of moral damage is determined by the court depending on the nature of the offense, the depth of physical and mental suffering, impairment of the victim’s abilities, or deprivation of their ability to realize them, the degree of guilt of the person who caused the moral harm, if the fault is grounds for compensation, and also taking into account other essential circumstances. An analysis of the case-law on claims by persons who have received workplace injuries and illnesses or their close relatives to employers for compensation for moral damage indicates that courts have applied unequal substantive law rules and a large range of amounts recovered for moral damage. Keywords: moral harm, industrial injury, workplace illness, employer, employee.

2021 ◽  
Author(s):  
Valeriy Tatarenko ◽  
Valeriy Romeyko ◽  
Ol'ga Lyapina

The textbook contains systematized information on the specific features of the life safety of the working population engaged in labor activity in an artificial habitat-the technosphere. The article presents the current provisions of the integrated methodology of technosphere safety, the legal foundations of modern legislation and regulatory regulation in this area, information about the leading dangerous and harmful production factors, the main directions of preventing the risks of occupational injuries and occupational morbidity of employees with the implementation of economic mechanisms for managing the safety of working conditions in organizations. Meets the requirements of the federal state educational standards of higher education of the latest generation. For undergraduate students studying in the direction of training "Technosphere safety", as well as specialists in the field of labor protection and social insurance.


2015 ◽  
Vol 4 (3) ◽  
pp. 10-14
Author(s):  
Смирнова ◽  
Marina Smirnova ◽  
Кохова ◽  
Irina Kokhova

Labour protection is one of the areas in the sphere of enterprise activity. Development of audit activity in the protection of labor will give the development of the system of external and internal audit, as an alternative to the system of state control. The article deals with the modern understanding of the conditions and safety. The definitions of “Working Environment”, “Working Conditions”, “Occupational Safety and Health.” It reveals the importance of health and safety for today’s workers. The author analyzes the current situation in the Russian Federation in the field of health and safety based on the data of Rosstat. We investigate occupational diseases, injuries, accidents at work. We investigate promising areas of assessment of working conditions on the basis of modern organization of audit of indicators such as the causes and conditions of occupational injuries for the previous period, especially the use of advanced technology and safe technology; ergonomic devices that protect the rights, etc.


Author(s):  
O. Pohorielova

The article covers issues related to compulsory state social insurance, which is one of the mechanisms for ensuring health of employees in the course of their work. In his article the author states that accidents and occupational diseases are one of the biggest threats to the health of the working population of Ukraine. The author of the article emphasizes the need to reorient the institution of compulsory state social insurance to strengthen prevention of accidents and occupational diseases, which, accordingly, has lower economic costs than compensation for workers who have suffered any health damage. He also emphasizes the need to finance preventive measures by the Social Insurance Fund, which is not currently implemented. The article emphasizes importance of updating the list of occupational diseases that occur due to occurrence of modern harmful production factors that harm health of the employees. Currently the list of occupational diseases approved by Ukraine is missing the modern production factors related to digital technologies and psychological risks that are the causes of occupational diseases of the employees. The author also states establishment of the same number of social contributions without taking into account working conditions as another shortcoming of the legislation in the field of compulsory social insurance. The author emphasizes the need to establish occupational risk classes, according to which contributions to the compulsory state social insurance should be paid, which will depend on the occurrence of harmful and dangerous factors in the workplace, number of accidents and occupational diseases. In this regard, the author suggests providing a system of motivation of employers, which provides for the possibility of employers to pay lower contributions in connection with creation of favorable working conditions and reduce accidents and occupational diseases.


Author(s):  
I. V. Bukhtiyarov

Preserving the working population's health is a priority direction of state policy in labor relations, labor protection, and the provision of healthy and safe working conditions by the employer and the state, prevention of occupational diseases. The state's economic growth in a competitive era is mainly due to the level of health and working capacity of the population. This issue has acquired relevance in the COVID-19 pandemic for medical workers. Among these workers, the incidence of the new coronavirus infection COVID-19 is associated with professional duties and entails a high risk of morbidity and mortality. The paper presents the results of a special assessment of working conditions. The author studied the data on the presence of occupational diseases among medical workers in 2019 (according to the data of the Social Insurance Fund of the Russian Federation). On the example of 15 medical organizations of the Russian Federation, an analysis of the working environment factors was carried out. The distribution of occupational diseases was analyzed depending on the harmful factors of the working environment in 2019. Information is provided on the implementation in 2020 by the Social Insurance Fund of the Russian Federation of the Decree of the President of the Russian Federation dated 06.05.2020 No. 313 "On providing additional insurance guarantees to certain categories of medical workers" (as of 07.12.2020). Clinic of the Izmerov Research Institute of Occupational Health and the centers of occupational pathology of the constituent entities of the Russian Federation provided preliminary information on the examinations of professional suitability, studies of the connection of the disease with the profession (including among medical workers) in the Russian Federation in 2020.


2021 ◽  
Vol 1 (48) ◽  
pp. 217-222
Author(s):  
Melnichenko O ◽  
◽  
Sorochynska O ◽  
Kulbovskyi I ◽  
◽  
...  

The article investigates the ways and means of improving and perfecting the state of labor protection at transport enterprises of Ukraine through the implementation of international standards for risk management and occupational safety. A detailed analysis of international standards for occupational safety, and their main benefits that improve the health and safety of enterprises. The object of research is international standards on occupational safety and risk management. The purpose of the work is to analyze the implementation and use of international standards on occupational safety and risk management at Ukrainian transport enterprises. Research methods - analytical. Quality management of labor protection at enterprises is one of the priority areas of transport enterprises in order to reduce occupational injuries and improve working conditions. In order to effectively manage labor protection in transport enterprises, the authors of the article propose the introduction of international standards in the field of occupational safety and risk management in Ukraine. Examining the chosen topic, it was found that in many works that devoted to the application of international standards on occupational safety was not a generalization of all regulations and standards on labor protection and risk management in the enterprise. The main directions for the implementation of international standards for occupational safety and risk management in transport enterprises of Ukraine are proposed. The results of research can be recommended for implementation in the management system of labor protection at transport enterprises of Ukraine. KEY WORDS: INTERNATIONAL STANDARDS, OCCUPATIONAL HEALTH AND SAFETY, SAFE WORKING CONDITIONS, RISK ASSESSMENT, IMPROVING OCCUPATIONAL HEALTH AND SAFETY CONDITIONS, MANAGEMENT SYSTEM.


Author(s):  
Biljana Vranješ ◽  
Mile Vajkić ◽  
Lutvo Haznadarević ◽  
Marko Đapan ◽  
Evica Stojiljković

Occupational safety is the prevention and elimination of dangers and hazards that can cause workplace injuries, occupational and other diseases and damage to the employees’ health. According to the modern concept, it implies constant monitoring of the situation with the aim to explore ways and design measures for the improvement of an occupational health and safety system. An effective way to monitor the situation in an occupational health and safety system is to define performance or success indicators, whereas, in practice, the most commonly used tool is occupational safety indicators. Indicators of work-related injuries can be absolute and relative. Since absolute indicators do not provide a realistic image of the state of workplace safety, we shall use relative indicators. A relative indicator of occupational safety often used is the injury frequency index. This indicator was obtained as the ratio of the number of injuries and effective working hours over the observation period or the number of employees in the production and business system. Also, the same indicator can be calculated in relation to the volume of production.In the forestry sector, where occupational injuries are frequent and often fatal, monitoring indicators of occupational injuries allows us to see the movement of the observed phenomenon (occupational safety) in a certain period, and also to determine the general trend of its movement (decline or growth) and most importantly to develop preventive measures. In addition, the analysis of workplace injuries using the indicators enables the comparison of occupational safety in business systems from the same activity and, thus, foster the transfer of know-how and good practice from the systems with high levels of occupational safety.


2013 ◽  
Vol 44 (2s) ◽  
Author(s):  
M. Hellstedt ◽  
K.O. Kaustell ◽  
T. Kivinen

The size of farms has increased considerably during Finland's EU membership. The growth has meant big investments in the new production buildings. The buildings have been switched to big industrialhall- like constructions from small-scale ones which have contained own timber and own work contribution. The objective of the project financed by Farmers' Social Insurance Institution was to improve occupational safety on farm building construction and renovation sites by disseminating current safety practices and by developing ways of action which are better than the prevailing ones. The project consisted of a literature review, statistical analysis, as well as a farmer and designer interviews. In the statistical analysis the MATA occupational injuries insurance claims database on farmers’ claims during construction and renovation work for the years 2005 - 2008 was compared with the register of Federation of Accident Insurance Institutions on the construction workers' injuries. In comparing the reasons of the accidents a clear difference was found; poor scaffoldings and ladders are still the main culprits on farm accidents. Farmer interviews were used to assess occupational safety measures on the construction site, occurred injuries and their types, nearmiss situations and the underlying factors which have led to the injuries. Also construction safety deficiencies as well as the direct and indirect costs caused for instance because of the delay in completion of construction project were discussed. Designer interviews aimed to find out how occupational safety and health considerations are taken into account in farm building planning and counseling, and how this experience of the designers should be utilized in order to improve safety at the construction sites on farms. Farmers knew their obligations on occupational safety poorly. The situation was further worsened by the fact that on the site the supervisor tasks were only nominally executed. The designers knew the occupational health and safety legislation better but this did not help the situation on the sites because designers are not generally involved in the actual implementation of the construction project.


Author(s):  
D.A. Mutuli ◽  
H. A. Onyoyo ◽  
P.W. Makhonge

In both the agricultural and industrial sectors, working conditions of the workers are far from satisfactory leading to excessive drudgery and a host of occupational injuries and accidents. Workers are forced to endure working environments that lack any consideration in aspects of occupational health, safety and comfort. About 60 per cent of the employed people in Kenya are in small-scale industries. The sugar industry in Kenya has seventy-one (71) small-scale sugarcane processing establishments scattered throughout the Sugar Belt employing labour-intensive techniques and providing essential employment to the rural people. The work environment is unsatisfactory and management is often unaware of the poor working conditions and the types of improvements that can enhance productivity. Given the important role played by these establishments in the rural economy, a qualitative study of these establishments was undertaken with a view to mapping out the occupational safety and health problems afflicting them. This paper, therefore, attempts to analyse the situation and thereby chart out a strategy for improvement designed to enhance productivity while improving safety and health. It concludes by proposing an awareness campaign targeted specifically to the small-scale manufacturing establishments on the importance of occupational safety and health together with the setting up of a scholarship scheme to assist these establishments gain access to the awareness campaigns currently going on in the country.


2020 ◽  
Vol 17 (4) ◽  
pp. 583-590
Author(s):  
Zhongsheng Tan ◽  

Objective: Analysis of labor legislation on labor protection in the Russian Federation and the People’s Republic of China with the aim of constantly improving working conditions, ensuring safety and harmlessness of operations which are unsafe and harmful to health, mechanization and automation of heavy manual labor, as well as the implementation of safe and civilized production. Methods: An analysis of legislation on labor protection was applied in terms of employment, labor contracts, working hours and rest breaks, wages, labor protection, social insurance, vocational training, etc. Based on its results, negative and positive consequences of legislation on labor protection in China and Russia were identifi ed. Results: The constitutions and labor legislation of both countries contain the rights of workers to legal protection, including the right to work in conditions that meet safety requirements, there are standards for investigating accidents at work, and special attention is paid to the labor protection of women and children. It was revealed that in the Russian Federation, in contrast to China, a greater number of regulatory laws and regulations were developed, and special labor assessments were effectively regulated, therefore, the safety level in the Russian workplace is higher. Practical importance: In accordance with the legislation on labor protection, state bodies, economic departments, enterprises and their leaders at all levels must take various organizational and technical measures to create safe, hygienic and comfortable working conditions for workers which prevent and eliminate accidents, industrial poisoning and occupational diseases, protect the health and safety of workers, maintain and improve their long-term working capacity, avoid unnecessary losses of social labor and material benefi ts. Constantly improving labor legislation allows working safely and protects the legal rights of employees.


2019 ◽  
Vol 2 (34) ◽  
Author(s):  
I. Kamenskа ◽  
O. Bokshyts

To investigate the state of industrial injuries (including fatalities) in Ukraine in general and in the agro-industrial complex for the period from 2011 to 2017, and to identify ways to increase the level of occupational safety.Investigation of the condition of occupational injuries in the conditions of the agro-industrial complex of Ukraine was carried out using the probabilistic-statistical method of analysis. In the study, we used the statistical method of analysis of occupational injuries in Ukraine from 2011 till – 2017, which is based on the study of injuries according to the report of the State Labor Service of Ukraine.For the first time the analysis of occupational injuries in Ukraine from 2011 till-2017was carried out according to the report of the State Labor Service of Ukraine. The ways of raising the level of labor protection in agriculture are proposed.On the basis of analysis of the data of the State Labor Service of Ukraine for the period of 2011-2017, it has been established that the state of occupational injuries is declining, both in Ukraine as a whole and in the agro-industrial complex. Despite the fact that the level of injuries in the aforementioned years decreased, it should be noted that the industry of the agro-industrial complex in the period 2011-2014 took the third place in Ukraine by the level of injury and the second place – by the level of injuries with fatalities, and in the period 2015-2017 – third and first place respectively.In 2011, in the agro-industrial sector, 10,0% of the total number of traumatized people was injured at enterprises of Ukraine, and 17.9% of the total number of deaths were injured, in 2012, respectively, 9,9 and 18,6 in 2013 – 9,9 and 16,4, in 2014 – 10,9 and 17,3, in 2015 – 14,1 and 22,4, in 2016 – 13,1 and 20,8, and in 2017 – 12,5 and 20,5%.An analysis of the state of occupational injuries in the areas of supervision was conducted. The obtained results may be used as to prevent and eliminate potential hazards.In order to improve the work of the service on labor protection, it is continuously necessary to analyze the state of occupational injuries in the areas of supervision. This will enable you to prevent and eliminate potential hazards. Therefore, in order to create safe and harmless working conditions, it is constantly necessary to improve the legal regulation of labor protection in agriculture, to update the rules, norms, standards, instructions, regulations in accordance with the development of NTP and modern technical support of the agro-industrial complex and apply the experience of the world.To reduce occupational injuries, it is necessary to develop and implement a sectoral system of labor protection management; to increase the efficiency of labor protection work at agricultural enterprises of all types of property; to provide employees with regulatory and labor protection laws, which take into account modern labor safety requirements; to intensify control over compliance with safety standards and working conditions in the workplace, paying particular attention to the technical aspects of occupational safety.The analysis of the condition of occupational injuries in the field of supervision provides an opportunity to assess the dynamics of occupational injuries (including fatalities), to anticipate, eliminate potential hazards in production and to propose perspective ways to increase the level of labor protection in Ukraine.Keywords: occupational safety, innovations, legal regulation, the raised danger, an industrial traumatism, the dynamics of fatal injuries, agro-industrial complex, sectoral regulations on labor protection.кандидат сільськогосподарських наук,  доцент, І. Каменська;  кандидат історичних наук, доцент, О. Бокшиц, Сучасний стан виробничого травматизму в умовах агропромислового комплексу України: проблеми та перспективи/ ДВНЗ «Переяслав-Хмельницький державний педагогічний університет імені Григорія Сковороди», Україна, Переяслава-ХмельницькийУ статті здійснено аналіз виробничого травматизму в Україні за 2011-2017 рр. за даними звіту Державної служби України з питань праці. Запропоновано перспективні шляхи підвищення рівня охорони праці в сільському господарстві.На основі аналізу даних Державної служби України з питань праці за період 2011-2017 роки встановлено, що стан виробничого травматизму йде на спад, як в Україні в цілому, так і в АПК. Не зважаючи на те, що рівень травматизму у вищезгадані роки зменшувався, слід відзначити, що галузь агропромислового комплексу в період 2011-2014 роки займала третє місце в Україні за рівнем травматизму та друге місце – за рівнем травматизму зі смертельними випадками, а в період 2015-2017 рр. – третє та перше місце, відповідно.За 2011 рік у галузі агропромислового комплексу травмовано 10,0 % від загальної кількості травмованих осіб на підприємствах України, та загинуло – 17,9 % від загальної кількості смертних випадків, за 2012 рік відповідно – 9,9 та 18,6, за 2013 рік – 9,9 та 16,4, за 2014 рік – 10,9 та 17,3,  за 2015 рік – 14,1 та 22,4,  за 2016 рік – 13,1 та 20,8  й за 2017 рік – 12,5 та 20,5 %Для вдосконалення роботи служби з питань охорони праці, слід постійно проводити аналіз стану виробничого травматизму в галузях нагляду. Це дасть можливість достроково запобігти та вилучити можливі небезпеки. Отже, для створення безпечних та нешкідливих умов праці, необхідно постійно вдосконалювати правове регулювання охорони праці в сільському господарстві, оновлювати правила, норми, стандарти, інструкції, нормативно-правові акти відповідно до розвитку НТП та сучасного технічного забезпечення агропромислового комплексу та застосовувати досвід країн світу. Для зменшення виробничого травматизму необхідно розробити і впровадити галузеву систему управління охороною праці; підвищити ефективність працеохоронної роботи на сільськогосподарських підприємствах усіх видів власності; забезпечити працівників нормативно-правовими актами з охорони праці, де враховано сучасні вимоги безпеки праці; активізувати контроль за додержанням нормативів безпеки та умов праці на робочих місцях, звернувши особливу увагу на технічні аспекти охорони праці. Аналіз стану виробничого травматизму в галузях нагляду дає можливість оцінити динаміку виробничого травматизму (в тому числі смертельні випадки), завчасно передбачити, вилучити можливі небезпеки на виробництві та запропонувати  перспективні шляхи підвищення рівня охорони праці в Україні.Ключові слова: охорона праці, інновації, правове регулювання, підвищена небезпека, виробничий травматизм, динаміка смертельного травматизму, агропромисловий комплекс,  галузеві нормативні акти з охорони праці


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