scholarly journals TO THE ANALYSIS OF EXTRAORDINARY EXPERIENCE OF SOCIAL INSURANCE FROM ACCIDENTS OF PRODUCTION AND PROFESSIONAL DISEASE

Social Law ◽  
2019 ◽  
pp. 39-46
Author(s):  
О. Gavrilova

The article analyzes the foreign experience of social accident insurance industrial accidents and occupational diseases in countries such as Bulgaria, Germany, France, the Netherlands, Spain and others. The author noted that the use of advanced foreign experience in the field of social insurance against industrial accidents and occupational disease is impossible without rethinking and abandoning the dominant today in Ukrainian society the state-paternalistic approach, according to which the full responsibility for the social security of the population rests with government agencies.

2021 ◽  
pp. 17-21

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).


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.


2019 ◽  
Vol 117 ◽  
pp. 93-105
Author(s):  
Ariel Przybyłowicz

ON THE SOCIAL INSURANCE OF THE CAREGIVERS OF DEPENDENT PERSONSThe author considers whether the caregivers of dependent persons can obtain social accident insurance. In the first place, he defines who should be treated as a caregiver of a dependent person for the purposes of the study. In the following part, he considers the legal structure of paying a contribution towards the pension and disability pension insurance for the caregivers of dependent persons. Applying the language and system interpretation, he concludes that it is a legal construction that is different from the classic insurance entitlement. In the context of caregivers, it has significant legal consequences because it deprives them of the protection of accident insurance. The legal structure applied by the legislator means that they are not subject to this insurance even though care constitutes an increased risk of an accident. Finally, the author postulates that the health damages of caregivers caused by accidents occuring as part of the caring should be protected as part of the social compensation system.


Author(s):  
María Nieves Remo Díez

En el presente trabajo se realiza, en primer lugar, un análisis descriptivo de la siniestralidad laboral en España durante los años 2000 a 2007, considerando su evolución en función de distintasvariables. Para posteriormente y, dada la importante repercusión económica que los accidentes de trabajo y enfermedades profesionales suponen para la sociedad y para las empresas, cuantificar el coste social derivado de la siniestralidad laboral y desarrollar un modelo capaz de explicar las variables que influyen en el mismo y que ayude a la definición de medidas preventivas. Los resultados muestran que a pesar de los esfuerzos legislativos en materia de prevención deriesgos laborales en los últimos años, los costes sociales derivados de los accidentes de trabajo y las enfermedades profesionales alcanzaron en 2007 el 2% del PIB.<br /><br />In the present paper, it is being carried out a descriptive analysis of industrial accidents in Spain during the years 2000 to 2007, considering its evolution in terms of different variables. Moreover,and given the significant economic impact of occupational accidents and diseases mean to society and business, it is being quantified the social costs of workplace accidents in order to develop a model able to explain this variables and its influences. Furthermore, this model will help to define preventive measures. Finally and despite the legislative efforts in the prevention of occupational hazards in recent years, the results show that social costs of occupational accidents and occupational diseases in 2007 has reached 2% of GDP.


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.


Author(s):  
María Nieves Remo Díez

En el presente trabajo se realiza, en primer lugar, un análisis descriptivo de la siniestralidad laboral en España durante los años 2000 a 2007, considerando su evolución en función de distintasvariables. Para posteriormente y, dada la importante repercusión económica que los accidentes de trabajo y enfermedades profesionales suponen para la sociedad y para las empresas, cuantificar el coste social derivado de la siniestralidad laboral y desarrollar un modelo capaz de explicar las variables que influyen en el mismo y que ayude a la definición de medidas preventivas. Los resultados muestran que a pesar de los esfuerzos legislativos en materia de prevención deriesgos laborales en los últimos años, los costes sociales derivados de los accidentes de trabajo y las enfermedades profesionales alcanzaron en 2007 el 2% del PIB.<br /><br />In the present paper, it is being carried out a descriptive analysis of industrial accidents in Spain during the years 2000 to 2007, considering its evolution in terms of different variables. Moreover,and given the significant economic impact of occupational accidents and diseases mean to society and business, it is being quantified the social costs of workplace accidents in order to develop a model able to explain this variables and its influences. Furthermore, this model will help to define preventive measures. Finally and despite the legislative efforts in the prevention of occupational hazards in recent years, the results show that social costs of occupational accidents and occupational diseases in 2007 has reached 2% of GDP.


JURIST ◽  
2021 ◽  
Vol 2 ◽  
pp. 63-68
Author(s):  
Dmitriy A. Berezin ◽  
◽  
Zhanna A. Levandovskaya ◽  

The article, in accordance with general and special legislative provisions, examines the legal regulation of compulsory social insurance against industrial accidents and occupational diseases of citizens who are in labor relations with an employer, as well as individual cases not recognized as insurance.


Author(s):  
I. V. Boiko ◽  
O. N. Andreenko

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.


2020 ◽  
pp. 118-124
Author(s):  
Tetiana Vengurenko ◽  
Anastasia Yasentyuk

Introduction. One of the main components of the policy of any country is the social protection of the population. The level of organization of social protection directly affects the welfare of society. Today, under the influence of the rather difficult economic situation in the country, as well as socio-demographic processes, the vulnerability of the population to negative social risks is constantly growing. That is why the system of domestic social insurance faces a number of social threats, which are primarily related to the growth of the population in need of social benefits, as well as the aging of the nation and the constant rise in unemployment. An important factor in reforming the domestic social insurance system may be the experience of foreign countries in organizing the social insurance system. The introduction of the relevant experience of the world's leading countries will increase the efficiency of social insurance in Ukraine and ensure the redistribution of the financial burden in providing social protection in the country between the state, the employer and the employee. At the same time, the question of the possibility of using foreign experience in the field of social insurance in Ukraine needs further research, because social insurance is an important component of social guarantees for the development of society. Goal. Identify areas for improvement of the social insurance system in Ukraine based on the assessment of the main models of social protection of the world's leading countries. Method (methodology). The authors used methods of generalization, analysis, synthesis and comparison in order to assess the main models of social protection of the world's leading countries and identify the main opportunities for using the experience of these countries in domestic practice. Results. The article considers and summarizes foreign experience in the organization and provision of insurance services in the field of social insurance. The analysis of the basic models of social protection of the leading countries of the world is carried out, the social policy on an example of such countries as Germany, Sweden, the USA is investigated and the basic directions of improvement of such insurance in Ukraine are offered.


Author(s):  
Yuri Mahortov ◽  
Nataliya Telichko

The system of social’s defence of population is considered as object of state administration. Basic problems in her structure are educed under the prism of foreign experience of the European countries. The ways of reformation and realization of state administrations of the social defense’s system of population in Ukraine and development of effective mechanism of its management are offer.


Sign in / Sign up

Export Citation Format

Share Document