Трудоспособность человека – это его возможность qualitatively and fully perform professional activities. Most of the life people devote to their work. It begins with the choice of a profession, its study and development. For 30–40 years, a person develops his professional skills and sells them in exchange for wages. This is considered the experience of the seniority.
The qualification of disability implies the existence of several types:
No matter what type of activity a person chooses, he has legal protection if partial or total loss of ability to work occurs.
Лишение возможности в полном объеме выполнять work can occur with occupational disease or general. Common illnesses include health problems that are not related to working conditions or the complexity of the profession. Most often, this is a person’s overall working ability, when he is not required to take a long-term mastering of his specialty or any specific skills. The resulting diseases are unprofessional in nature, but, nevertheless, the temporary loss of the opportunity to work is paid by the state or employer in accordance with labor laws.
Loss of professional working ability of peopledirectly related to the risks of their specialty or acquired due to adverse working conditions of any diseases. In this case, not only the “Labor Law” comes into force, but also the rules of life insurance against industrial accidents.
Everyone has the right to qualitymedical care in case of partial or complete disability. The degree of disability and, accordingly, monetary compensation is determined by the attending physician or commission. The size of payments depends either on the insured event or is set by law. Partial is the temporary inability of a person to perform his professional duties. In connection with this, the percentage of the degree of loss of working capacity is determined, which is determined by the medical commission. It can be 10 - 30% of the previous level of performance, when an employee needs other working conditions or a smaller amount of output. The level of 40 - 60% is determined when a person can continue to work only with a strong decrease in the volume of work or a decrease in the level of qualification. When an employee can perform work only with a complete change of conditions and not in full, the examination of working ability sets the level of disability to 70 - 90%.
If a worker’s illness is of a general, not professional nature, then a sick-list is drawn up and paid for the entire duration of treatment.
Payment of sick leave is made in accordance with labor laws.
In the event of temporary incapacity for work, the state or the employer will partially or fully compensate the employee for lost earnings due to illness.
Under the law, partial disability by persons on a special list is paid at a rate of 100%, regardless of the length of service. These include:
Partial loss of ability to work implies a temporary absence from work due to a general illness.
If the employee clearly expressed disruptionorganism, directly related to his professional activity, and he can not continue to work under any circumstances, he is set to 100% loss of ability to work.
When such a person is injured at work orbecomes disabled due to his professional activities, he is entitled to monetary compensation. The qualification of the employee’s working capacity is determined in accordance with the insured event or a special commission.
The total disability does not includeonly injuries and injuries resulting from an accident, but also occupational diseases that do not allow the employee to continue to carry out their activities.
Diseases that a person received in connection with their professional activities are divided into two types:
Employees of the second group should be given referral for treatment to specialized clinics.
The question of assigning a disability groupIt is considered only when a full examination of the worker’s ability to work is performed. It also verifies that the disease was acquired in connection with a professional activity or at the workplace. The medical labor expert commission reviews the issue of disability on the basis of the conclusion of the medical commission and the current list of occupational diseases. According to the existing guidelines, which consider the qualification of the ability to work of workers, expressed as a percentage, the degree of its loss is established.
The first and second groups of disability are awardedin case of intoxication or damage in an accident. Also, this group may include workers whose occupational diseases have moved into the phase of irreversible or intractable.
In the event that a person has, along withother diseases, and their exacerbation due to the impact of the “working” ailment on them also falls into the category of professional and can be considered as a reason for disability.
In order to accurately determine the degree of working ability of workers, the expert must be a highly qualified specialist.
According to physical or mentalthe damage that the employee received during his employment, he is awarded financial compensation in the amount stipulated by the labor legislation.
В настоящее время принято, чтобы работники concluded life insurance contracts in case of disability. If an employee is partially disabled, he is paid a salary, compensation for drugs and hospital care, a lump sum payment from the Social Insurance Fund.
If a certain skill of working capacityestablished as a result of severe injuries, the employee is paid monthly allowances, appropriate medical care is provided and the possibility of recovery in a sanatorium is provided.
In the event that the employee received a disabilityon occupational disease or in connection with a work injury and has lost the ability to work in full, it is transferred to light labor or a shortened day with compensation for wages. It concerns having 1 and 2 groups of disability.
The third group is awarded in the event of total loss of ability to work, when an employee can no longer fulfill his duties or retrain due to an occupational disease or injury.
The transfer from one group of disability to another is carried out on the basis of a medical examination.
The decision on the amount of sick pay, compensation formedication and hospital treatment are taken by the Social Insurance Fund, based on data provided by a forensic expert. According to the examination and determination of the degree of physical and moral damage to the victim in the absence of his guilt, the amount of compensation, as well as possible solutions for the rehabilitation of the patient, are assigned. This applies to such measures as determining the victim to a specialized clinic, registration of a voucher to a sanatorium, payment for counseling a psychologist.
If an employee has received a disability in connection with his activities at work, he is entitled to monetary compensation for his health and compensation for moral damage.
Вопрос о сумме компенсации решается согласно conclusion, which gives a forensic expert. He checks the degree of mental disorder of the victim in connection with the incident and assesses the moral damage caused to him. He can also be contacted if the employee does not agree with the disability group assigned to him by the VTEK.
In this case, the employee sues the employer.or insurance company. You can win it only when receiving the conclusions of experts about the incompatibility of the assigned group of disability or the amount of compensation to the mental and physical state in which the affected party is.
Существуют сроки переосвидетельствования the health status of disabled workers. This is due to the fact that the disease can progress, and the deterioration of the physical health of the victim requires a different level of disability or compensation payments.
Переосвидетельствование проходит спустя 6 months, a year or two after the first diagnosis. Usually this procedure takes place once a year. This does not apply to those workers whose illness is recognized as irreversible or whose injuries prevent them from continuing to work. Such people are assigned a disability with life-long pension payments.
You can pass an early examination,if the patient's condition has deteriorated sharply, which is confirmed by the medical board. In this case, the Bureau of Medical and Social Expertise checks and makes decisions based on new results.
Также работник имеет право подать заявление на early check of his condition. In addition to an employee for re-examination, an insurance company or an employer may submit an application if inconsistencies were found in the documents or their forgery.
