ONE-OFF COMPENSATION TO FAMILY MEMBERS FOR AN ACCIDENT AT WORK OR OCCUPATIONAL DISEASE

2021 ◽  
Vol specjalny (XXI) ◽  
pp. 677-687
Author(s):  
Wioletta Witoszko
Keyword(s):  
Occupational Disease ◽  
Civil Law ◽  
Family Members ◽  
Accident Insurance ◽  
Accident Compensation ◽  
Insured Person ◽  
Degree Of Risk ◽  
Compensation For Damage

A one-off for family members in the event of the death of an insured person as a result of an accident at work or occupational disease shall be of an insurance nature. It is granted in the event of the death of an insured person who was covered by accident insurance. The benefit is paid by ZUS on the basis of a decision. It is paid from the accident fund, where the premiums paid for accident insurance are collected. In addition, the amount of the premium depends on the degree of risk of accident. The conditions for one-off compensation and its amount were structured in a schematic manner, since it was not necessary to determine the nature and size of the damage. Such rules for determining one-off compensation lead to simplification and scheme for compensation for damage. These features of compensation mean that the damage can be repaired in a limited manner. Accident compensation does little to meet the characteristics of civil law compensation. The extent to which the compensatory function of compensating for damage is to be carried out will depend on the type of damage and its extent, as well as on whether family members will be entitled to other accident benefits.

scholarly journals LEGAL STATUS OF THE POLICYHOLDER IN THE COMPULSORY STATE SOCIAL INSURANCE AGAINST AN ACCIDENT AT WORK AND AN OCCUPATIONAL DISEASE

2020 ◽  
Vol 1 (9) ◽  
pp. 43-50
Author(s):  
Oleksii Soloviov ◽  
Keyword(s):  
Occupational Disease ◽  
Social Insurance ◽  
Legal Status ◽  
Civil Law ◽  
Insurance Premium ◽  
Material Loss ◽  
Social Contribution ◽  
The Law ◽  
Definition Of ◽  
Compulsory State

The article considers the definition of the insured, which is contained in the Law of Ukraine «On collection and accounting of a single contribution to compulsory state social insurance» and based on this it is concluded that it includes only the persons and the main obligation of the insured – payment of insurance premium and does not establish additional or qualifying features that the insured must have. Given that the social security insurance mechanism was borrowed from civil law, the author examined the definition of the insurer from the standpoint of civil law and concluded that the presence of insurance interest is a prerequisite for determining a person as an insured and proposed his own definition of insurance interest – a certain property interest related to the need to suffer material loss in connection with damage to life, health and ability to work of the insured person as a result of an accident or occupational disease that occurs during the performance or in connection with the performance of certain work in the interests of the insured. The author emphasizes that the insurers in the relationship of social insurance against accidents at work and occupational diseases can be primarily employers. Based on the results of the analysis of the definition of the employer in various regulations, it was concluded that there is a certain inconsistency in science and legislation regarding this term, and therefore the legislative definition of the employer needs to be specified. This made it possible to develop proposals for making the necessary changes to certain regulations that contain this term. The concept and features of a single social contribution are researched. Peculiarities of insurance of persons performing works on the terms of civil law contracts are analyzed. Emphasis is placed on the unresolved issue of the customer - an individual who uses the work of other individuals under a civil contract, but without registering them as a business entity. It is believed that such persons should also act as payers of the single social contribution, and therefore it is necessary to amend the Law of Ukraine «On the collection and accounting of the single contribution to the obligatory state social insurance».

scholarly journals Recalling the Future of ACC

2000 ◽  
Vol 31 (1) ◽  
pp. 215
Author(s):  
Richard Gaskins
Keyword(s):  
Social Welfare ◽  
Tort Reform ◽  
Accident Insurance ◽  
Ecological Approach ◽  
Economic Approach ◽  
Legal Policy ◽  
Accident Compensation ◽  
Law Faculty ◽  
The Future ◽  
The Law

Richard Gaskins visited the Law Faculty as a Fulbright from January to August 1999 to study developments in the Accident Compensation regime. His visit coincided with the controversy surrounding the National Government’s Accident Insurance Act 1998. Professor Gaskins gave the following paper, in which he addresses the continued importance of the Woodhouse Report, at a seminar on Accident Compensation held as part of the 1999 Australasian Law Teachers' Association Conference.In the paper he highlights two important insights of the Woodhouse Report that he believes have lasting value: its linking of tort reform to social welfare and its promotion of an ecological approach to preventing accidents. Professor Gaskins concludes that both insights retain their importance and challenges legal academics to address them as well as the more narrowly based law and economic approach to accidents that has dominated legal policy and academic thought since the early 1970s.

scholarly journals Problematyka przejścia wierzytelności o naprawienie szkody wyrządzonej przestępstwem — wybrane zagadnienia

2018 ◽  
Vol 48 ◽  
pp. 131-146
Author(s):  
Anna Muszyńska ◽  
Angelika Jura
Keyword(s):  
Criminal Law ◽  
Civil Law ◽  
Third Party ◽  
Criminal Process ◽  
Compensation For Damage

Issues related to a transfer of receivables for damages caused by a crime — selected issuesThe article is devoted to the issue of the victim’s handing over a claim for compensation for damage caused by a crime to a third party by way of conclusion of a civil law contract. Reference has been made to a status of a buyer of a claim for damages, the possibility of its occurrence as a party to a criminal process, status of an aggrieved party, as well as the characteristic context of the criminal law obligation to repair a damage, with its main concepts: damage and the aggrieved party.

scholarly journals Community insurance versus compulsory insurance: competing paradigms of no-fault accident compensation in New Zealand

Legal Studies ◽  
2019 ◽  
Vol 39 (3) ◽  
pp. 499-516
Author(s):  
Simon Connell
Keyword(s):  
New Zealand ◽  
Specific Form ◽  
Accident Insurance ◽  
Personal Injury ◽  
Compensation Scheme ◽  
The Core ◽  
Accident Compensation ◽  
Compulsory Insurance ◽  
History Of

AbstractThis paper presents a history of New Zealand's accident compensation scheme as a struggle between two competing normative paradigms that justify the core reform of the replacement of civil actions for victims of personal injury with a comprehensive no-fault scheme. Under ‘community insurance’, the scheme represents the community taking moral and practical responsibility for members who are injured in accidents, while for ‘compulsory insurance’ the scheme is a specific form of compulsory accident insurance. Understanding the history of the scheme in this way helps explain both the persistence of the scheme and important changes made to it by different governments.

Begutachtung von Berufskrankheiten am Beispiel pneumologischer Erkrankungen

2019 ◽  
Vol 144 (21) ◽  
pp. 1496-1503
Author(s):  
Barbara Wiesner ◽  
Christian Grohé
Keyword(s):  
Accident Insurance ◽  
Causal Connection ◽  
Insurance Law ◽  
Medical Expertise ◽  
Current State ◽  
The Social ◽  
Insured Person ◽  
High Level ◽  
Accident Insurance Institutions ◽  
Disease Causality

AbstractOrders for medical expertise reports of the accident insurance institutions and the social courts often have very difficult and complex issues and therefore require a high level of medical expertise as well as occupational health and accident insurance law knowledge. This applies in particular to the expert opinion as to whether a causal connection exists between occupational effects and the disease. Causality must be described on the basis of the current state of medical and scientific knowledge in such a way that it is comprehensible for an accident insurance institution or for a court. The insured person himself should also be able to comprehensively understand the content of the opinion and its consequences.

3. Protection from domestic violence and occupation of the family home

2018 ◽  
Author(s):  
Stephen Gilmore ◽  
Lisa Glennon
Keyword(s):  
Domestic Violence ◽  
Family Law ◽  
Civil Law ◽  
Family Members ◽  
Protective Orders ◽  
The Family ◽  
Family Home

This chapter considers the civil law remedies which are designed to protect a victim from domestic violence. The two primary protective orders under Part IV of the Family Law Act (FLA) 1996 are the non-molestation order and the occupation order which can be applied for and obtained in conjunction with each other, or separately. The chapter also discusses the fact that the occupation order can also be used to regulate occupation of the family home in non-violent situations when a dispute arises between family members about who is entitled to occupy the home, and on what basis.

Pembagian Warisan terhadap Anak Perempuan di Mandailing Natal

2020 ◽  
Vol 3 (1) ◽  
pp. 69-81
Author(s):  
Nindi Aliska Nasution
Keyword(s):  
Islamic Law ◽  
Public Awareness ◽  
Civil Law ◽  
Family Members ◽  
Common Factors ◽  
Empirical Approach ◽  
Property Inheritance ◽  
The Way

This article aims to determine the implementation of property inheritance to daughters in Tanjung Mompang Panyabungan Utara Mandailing Natal and the factors that cause people to choose the way in the distribution of inheritance. This article uses a juridical-empirical approach. The results of this research shows that the distribution of inheritance done traditionally due to the lack of public awareness about Islamic civil law particularly about inheritance. It becomes the most fundamental factors causing disputes and injustice among family members because the inheritance were distributed not in accordance with Islamic law. Religious and education factors are two common factors that determine the distribution of inheritance. Low understanding of Islamic law and inheritance knowledge are the cause of this case.

Forced Heirship in Italy

2020 ◽  
pp. 108-138
Author(s):  
Alexandra Braun
Keyword(s):  
Civil Law ◽  
Family Members ◽  
Third Parties ◽  
Free Movement ◽  
Historical Overview ◽  
Italian Law ◽  
Limited Degree ◽  
Free Movement Of Goods ◽  
Considerable Complexity ◽  
Close Family

Civil law systems do not generally grant testamentary freedom without limitations. Often, the most significant constraints on the freedom to dispose of assets on death derive from legislative provisions that protect the interests of close family members by way of a forced share, even against the wishes of the deceased. These restrictions can be more or less extensive. In the case of Italy, they are significant, both in terms of how little the testator can sometimes freely dispose of, whether on death or during her lifetime, and in terms of the limited degree of autonomy with which she can modify or reduce the forced share in the estate and enter into agreements with those entitled to a forced share. This chapter provides an historical overview of forced heirship in Italy and examines its main features as well as the mechanisms that are in place to protect forced shares. It evaluates the various proposals to reform forced heirship, including proposals to abolish forced heirship altogether, none of which have been implemented. It argues that Italian law in this area is in an unsatisfactory state, for not only do forced heirship provisions impinge on a person’s freedom of testation and her freedom to make gratuitous transfers during her lifetime, they also affect the interests of donees and other third parties, ultimately hampering the free movement of goods. What is more, the provisions that are in place, including those on the calculation of the forced share and on anti-avoidance, are of considerable complexity. A reform of this area of law is therefore highly desirable.

THE NEED TO CONCLUDE A CONTRACT ON OBLIGATORY INSURANCE OF THE EMPLOYER'S CIVIL LIABILITY

2021 ◽  
Vol 6 (5) ◽  
pp. 40-47
Author(s):  
Rustam Khursanov ◽  
Keyword(s):  
Occupational Disease ◽  
Civil Liability ◽  
Insurance Contract ◽  
Liability Insurance ◽  
Compensation For Damage

This article deals with the necessary terms of the employer's civil liability insurance contract, the need for the employer to conclude a civil liability insurance contract, the term of the contract, the employee's disability at work, occupational disease or other damage to his life or the civil liability of the employer for compensation for damage to health

NATURE OF LIFE INSURANCE AND THE BENEFITS PAID IN LATVIA

2019 ◽  
pp. 82
Author(s):  
Violeta Smule
Keyword(s):  
Life Insurance ◽  
Family Members ◽  
Insurance Market ◽  
Insurance Companies ◽  
Financial Problems ◽  
Insurance Benefits ◽  
The Family ◽  
The Future ◽  
Insured Person

Life insurance persistently evolves in Latvia. Competition in the insurance market is tough; consequently, the insurance companies apply diverse marketing techniques to retain their current clients and attract new ones. The research aim is to examine the nature of life insurance and the amounts of insurance benefits paid in Latvia. Life insurance is a kind of insurance that covers the death of the insured person. Life insurance is necessary for persons providing family incomes, as it protects the family members against financial problems in case of loss of the family provider. In Latvia, life insurance with savings is the most widespread, as this kind of life insurance combines two elements – the insurance of one’s own life and savings for the future.

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