Actual Problems of Compensation for Health Damage Caused During the Performance of Labor Duties

2021 ◽  
Vol 5 ◽  
pp. 77-81
Author(s):  
V. V. Kulakov ◽  
Keyword(s):  
Social Insurance ◽  
Insurance Coverage ◽  
Insurance Fund ◽  
Controversial Issues ◽  
Medical Organization ◽  
Social Insurance Fund ◽  
The Social ◽  
Health Damage ◽  
The Right

The article discusses the controversial issues of compensation for physical harm caused to an employee. The article analyzes the possibility of satisfying the claim for compensation of such expenses, presented directly to the harmer, provided that the insurance coverage is obtained at the expense of the Social Insurance Fund. The conclusion is made about the possibility of such a claim. At the same time, the conditions for its satisfaction are determined, including the victim»s need for such expenses, taking into account the right to choose a doctor and a medical organization, in the absence of signs of abuse of the right.

Critical analysis of attempts to recognize an occupational disease as a non-insured event on the basis of the peculiarities of the disease investigation procedure

2019 ◽  
pp. 1020-1024 ◽  
Author(s):  
I. V. Boiko ◽  
O. N. Andreenko
Keyword(s):  
Occupational Disease ◽  
Occupational Diseases ◽  
Social Insurance ◽  
Insurance Fund ◽  
Local Health ◽  
Medical Organization ◽  
Normative Documents ◽  
Health Authorities ◽  
Social Insurance Fund ◽  
The Social

The current legislation clearly declares the guarantee of insurance compensation to the employee in connection with the diagnosis of occupational disease. Meanwhile, in recent years there have been precedents of recognition by the Social Insurance Fund of established cases of occupational diseases not insured in connection with claims to the correctness of the procedure of their investigation.The article analyzes court cases in which patients with an established diagnosis of occupational disease challenged the refusal of the insurer (Social Insurance Fund) in the appointment of insurance payments, motivated by a reference to violations of the established procedure for the investigation of occupational diseases.The insurer motivated its refusal to assign insurance payments to patients with the following arguments:— appeals of the patient to doctors at the time of establishment of the preliminary diagnosis of occupational disease were not entered in registers of rendering medical services;— sanitary and hygienic characteristics of working conditions of the patient was not based on proper documents;— examination of the connection of the disease with the profession was carried out on the personal application of the patient without registration of the direction from the medical organization;— examination of the connection of the disease with the profession was carried out in the Department of professional pathology of a medical organization that is not a vocational center;— the staff of the Department of professional pathology did not meet the requirements of normative documents;— violation of rules of registration of the notice on establishment of the fi nal diagnosis of chronic occupational disease is allowed;— the representative of the Social Insurance Fund was not included in the commission that drew up the act on the case of occupational disease.In the vast majority of cases, the violations, if any, were of the nature of technical errors and did not affect the essence of the expert opinion on the existence of a connection between the disease and the profession. In such a situation, the categorical refusal to appoint insurance payments to the patient seems unreasonable. Th e claims of the Social Insurance Fund, with a constructive approach, could be settled without a court by contacting the insurer to medical organizations and health authorities. It is necessary to correct the regulations on compulsory insurance against accidents at work and occupational diseases. Th e rules of law should not allow categorical refusal in the appointment of insurance payments to the patient, whose diagnosis of occupational disease, which led to a decrease in working capacity, is established on the merits correctly. Claims of the insurer to the procedure of investigation of a case of occupational disease are most rationally considered in the pre-trial procedure within the framework of the dialogue of the Social Insurance Fund with local health authorities.

SOCIAL INSURANCE IN RUSSIA: STATE, CURRENT CHALLENGES AND RESPONSES TO THEM

2020 ◽  
pp. 75-95
Author(s):  
Lyudmila A. Migranova ◽  
◽  
Valentin D. Roik ◽  
Keyword(s):  
Social Insurance ◽  
Pension Fund ◽  
The State ◽  
Insurance Fund ◽  
Social Risks ◽  
Social Insurance Fund ◽  
Subsistence Minimum ◽  
The Social ◽  
Mandatory Health Insurance ◽  
Insurance Funds

The article deals with the issues of functioning of the social insurance institution, the organizational-legal and financial forms of which are presented by the state extrabudgetary social funds - Pension Fund of Russia, Mandatory Social Insurance Fund and Mandatory Health Insurance Fund. It considers the main characteristics of social insurance: a) scope of covering the employed population by insurance protection; b) contribution rates as related to wages; c) level of protection of population incomes (pensions and benefits as related to wages and subsistence minimum); d) availability of quality medical assistance and rehabilitation services. There are analyzed the present social risks and problems of the RF insurance system. The main problem is that the amount of financial expenditures on all types of social insurance per beneficiary is about half that of most developed and developing countries. The primary cause is lacking motivation of both employees and employers to participate in the mandatory social insurance and to legalize their earnings. In the conclusion there are formulated a number of proposals for improvement of the institution of social insurance in Russia. It is proposed to expand the range of insurance cases concerning unemployment insurance and care for elderly people, to increase the total amount of compulsory contributions to extrabudgetary insurance funds from 30.2% up to 42.5% from three sources - employees, employers and the state.

scholarly journals THE RIGHTS OF SURGEONS WHILE WORKING WITH HIV-INFECTED PATIENTS IN UKRAINE

2019 ◽  
Vol 72 (2) ◽  
pp. 279-283
Author(s):  
Anatolii T. Komziuk ◽  
Dmytro M. Velichko ◽  
Volodymyr S. Goshovskyі ◽  
Valentyna A. Goshovska ◽  
Olena V. Klymenko
Keyword(s):  
Hiv Infection ◽  
Social Insurance ◽  
Current System ◽  
Insurance Fund ◽  
Medical Law ◽  
Labor Contract ◽  
Social Insurance Fund ◽  
The Social ◽  
Analysis And Synthesis ◽  
Complex Statistical Analysis

Introduction: Surgeons that are working with HIV-infected patients in Ukraine are in a vulnerable state due to the lack of special regulation of this issue in labor, medical law and labor contract, as well as the spread of HIV among the population of the country. The aim of this article is to determine and uncover the content of the rights of surgeons while working with HIV-infected patients in Ukraine. Materials and Methods: The research materials of the rights of the surgeons that are working with HIV-infected patients consist of national legislation, official explanations of the Social Insurance Fund of Ukraine, statistics on HIV infection. The research methods that have been used are cross-sectoral, complex statistical, analysis and synthesis. In order to obtain the results of the research the norms of medical, labor and civil law have been analyzed. Review: The authors of the article have emphasized and described the rights of surgeons that are working with HIV-infected patients. Conclusions: It has been proved that the current system of surgeons’ rights needs to be improved. It has been offered: to establish, at the legislative level, the responsibility of the patient with HIV infection to warn a medical employee about his infection in case of surgery or other medical manipulation that leads to contact with blood or other biological materials; to revise and significantly increase the payment of obligatory insurance of surgeons, if they are infected by a patient with HIV infection.

Digitalization and protection of citizens' rights compulsory social insurance

2021 ◽  
pp. 398-401
Author(s):  
A.Yu. Gusev
Keyword(s):  
Social Services ◽  
Social Insurance ◽  
Legal Regulation ◽  
Insurance Fund ◽  
English Version ◽  
Social Insurance Fund ◽  
The Social ◽  
The Subject ◽  
The Russian Federation ◽  
Basic Approaches

The subject of this article was the issues related to the protection of the rights of citizens in the field of compulsory social insurance in the conditions of digitalization. It is shown that in order to ensure effective and safe conditions for the use of digital technologies, it is necessary to include universal basic approaches in the legal regulation. Specific examples of how the tasks of digitalization of social services in the field of social security are currently actively implemented by the social insurance Fund of the Russian Federation are given. English version of the article is available at URL: https://panor.ru/articles/digitalization-and-protection-of-citizens-rights-in-compulsory-social-insurance/71242.html

A FEW REMARKS ON LEGAL ASPECTS REGARDING THE SO-CALLED “MATERNITY PENSION”

2020 ◽  
Vol 1 (XX) ◽  
pp. 75-90
Author(s):  
Magdalena Gurdek
Keyword(s):  
Social Insurance ◽  
Legal Aspects ◽  
Insurance Fund ◽  
State Budget ◽  
Literal Sense ◽  
Social Insurance Fund ◽  
Retirement Benefit ◽  
The Social ◽  
The Law ◽  
True Structure

Contrary to the popular belief, the supplementary parental benefit called the “maternity pension” introduced by the Law of 31 January 2019 is not a retirement benefit in the literal sense, financed from the Social Insurance Fund. What is more, it is not a guaranteed benefit for those who raised four or more children, but a discretionary provision benefit financed from the state budget. Unfortunately, at first, a significant part of the society was impressed by the very idea of granting a “benefit” to people who instead of work brought up a large group of children, and did not go into the details of this program, which, as it turned out later, are crucial. This study aims to provide a detailed analysis of the provisions of the Law on supplementary parental benefit, so as to show in detail its true structure. In addition, it will also present the effects of the maternal law and indicate other solutions that could be introduced so that the assumption of honouring the effort put into the education of numerous offspring is fully implemented for all on equal terms.

scholarly journals E-Government as a Major Factor in the Development of Social Insurance Funds in Ukraine

2020 ◽  
Vol 9 (512) ◽  
pp. 198-204
Author(s):  
D. P. Feklistova ◽  
◽  
D. M. Zagorska ◽  
Keyword(s):  
Social Security ◽  
Social Insurance ◽  
Pension Fund ◽  
Insurance Fund ◽  
Social Insurance System ◽  
Social Security Fund ◽  
Social Insurance Fund ◽  
The Social ◽  
Security Fund ◽  
Security Funds

Social insurance as a system of guaranteeing material support in case of occurrence of insured cases undergoes the process of reforming, the State uses a variety of methods of influence, including achievements of scientific-technological progress. Social security funds were created to provide citizens with a full range of services that provide a decent life. The article is aimed at analyzing the opportunities of social security funds to provide electronic services. The latest changes in the reform of the social insurance system of Ukraine are illuminated. The functions performed by these establishments are considered in order to understand their essence. The concept of «e-government» is described and it is defined that its application influences the improvement of effectiveness of the government policy. The analysis of services of the Pension fund of Ukraine, the Social insurance fund and the Social insurance fund in case of unemployment was carried out. The largest number of electronic services is now provided by the Pension fund of Ukraine, which successfully implements e-government. The Social security fund does not yet provide the opportunity to receive services remotely. The Social security fund in case of unemployment in the aspect of e-government focuses on the employment services of citizens. Recommendations for further development of the social insurance system using electronic services are provided.

FEATURES OF FORMATION OF INCOME AND EXPENSES OF THE SOCIAL INSURANCE FUND IN MODERN CONDITIONS

2020 ◽  
Vol 4 (11) ◽  
pp. 73-78
Author(s):  
S. M. OSMANOVA ◽  
◽  
F. I. NINALALOVA ◽  
Keyword(s):  
Social Insurance ◽  
The State ◽  
Economic Conditions ◽  
Insurance Fund ◽  
Income Generation ◽  
Social Insurance Fund ◽  
The Social ◽  
Modern Economic ◽  
The Impact

The article analyzes the features of income generation and the direction of using the social insurance Fund's funds in modern economic conditions, identifies the main sources of income formation of the FSS budget, as well as the impact of the coronavirus pandemic on the state of the Fund's budget.

Official clarifications of labor protection specialists

2021 ◽  
pp. 17-21
Keyword(s):  
Occupational Diseases ◽  
Social Insurance ◽  
Preventive Measures ◽  
Labor Relations ◽  
Insurance Fund ◽  
Labor Protection ◽  
Occupational Risks ◽  
Social Insurance Fund ◽  
The Social

Explanations of labor protection specialists on labor relations, as well as those related to the occurrence of occupational risks are presented. The specialists of the Fund tell how the expenses for the prevention of injuries and occupational diseases can be compensated for, what preventive measures can be spent on the funds of the Social Insurance Fund (hereinafter referred to as the FSS RF, the Fund).

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