able-bodied person - is its ability to efficiently and fully carry out professional activities.Most of the life of people devote their work.It begins with the selection of the profession, its study and development.For 30 - 40 people to develop their skills and sell them in exchange for labor.This is considered operating time of employment.
Types labor
Qualifications disability implies the presence of several types:
- total labor activity regard to any work under normal conditions;
- professional work involves the acquisition of specialized and practical application of knowledge in the conditions corresponding to the profession;
- special disabled associated with certain conditions, often adverse, difficult to perform and require special skills and training.
No matter what type of activity the person chooses, he has a remedy, if there comes a partial or complete loss of ability to work.
cause of disability
Deprivation of the full scope of work may occur in occupational disease or general.For common diseases are health problems not related to the working conditions or the complexity of the profession.Most often it is the total disabled person when it is not required the development of a long occupation or any specific skills.These diseases are unprofessional in nature, but, nevertheless, a temporary loss of ability to work is paid by the state or the employer in accordance with the labor laws.
occupational disability of people is directly related to the risks of their profession or acquired as a result of adverse conditions of any disease.In this case, it enters into force not only the "Labour Law", but also the rules of life insurance against accidents at work.
partial disability
Everyone has the right to quality health care in the event of partial or total disability.The degree of disability and, accordingly, monetary compensation is determined by the attending physician or the Commission.The amount of payments depends either on the insured event or appointed by the legislative process.Partly a temporary inability man perform their professional duties.In this connection, it sets the percentage of the degree of loss of working capacity, which is determined by the medical commission.She may be 10 - 30% of the previous level of efficiency when an employee requires other conditions of work or a smaller volume output.Level 40 - 60% determines when a person can continue working only with a strong decrease in the volume of work or reduction of the level of qualification.When the employee can perform the work only in the complete change of conditions and not in full, examination of disability determines the level of disability in the 70 - 90%.
Payment in partial incapacitation
If an employee has a common disease, and not professional, he issued and paid sick leave for the whole period of treatment.
sick pay shall be in accordance with the labor laws.
When temporary disability State or the employer fully or partially compensates for lost employee wages due to illness.
- So, if the experience of the employee is less than 5 years, it receives 60% of salary.
- at the experience of 5 to 8 years - 80%.
- When worker seniority - 10 years and above, the compensation will amount to 100% of the average wage.
Special List
By law, partial disability persons brought in the special list, to be paid at a rate of 100%, regardless of the length of their work.These include:
- war veterans and participants of combat operations;
- workers on the content of which is 3 or more minor children;
- wives or husbands of military (but not the conscripts);
- women are granted maternity leave;
- former orphans and children deprived of parental care.
partial disability means a temporary absence from work due to a general disease.
total disability
If the employee is clearly expressed in violation of the organism, directly related to his professional activities, he can not continue under any circumstances, he established 100% disability.
When such a person is injured on the job or become disabled due to his professional activities, he is entitled to monetary compensation.Qualifications disability employee determined in accordance with the insured event or the special commission.
to a complete loss of ability to work include not only injuries and injuries resulting from the accident, but also occupational diseases, which do not allow an employee to engage in their activities in the future.
Occupational diseases Diseases that person has received in connection with their professional activities are divided into two types:
- first have a partial or full convertible.They are treatable, and such occupational disability is most often associated with allergic reactions, or the initial stages of bronchitis and intoxication.Sometimes it is enough to change the working conditions and a course of treatment to fully recover.For the first group of people, there are preventive and curative institutions, where they can get professional help.
- second group can not be a complete cure.These include occupational diseases such as pneumoconiosis, hearing loss, severe intoxication.Medical Board determines the degree of damage to the human body and decide on the establishment of disability.Often these diseases, "overgrown" by-disease develops on the background of chronic manifestations.At the same disability can vary.
the second group of workers should be given referrals for treatment in specialized clinics.
Making disability
question of attribution of disability is considered only when carried out a thorough examination of disability of the employee.Also checking whether receipt of the disease due to occupational or workplace.Medical labor commission of experts is considering disability based on the opinion of the medical commission and the current list of occupational diseases.According to existing guidelines, which reviewed the qualification employability, expressed as a percentage, established the extent of its loss.
first and second group of disability awarded in case of intoxication or accident damage.Also in this group can get employees who have occupational diseases moved into a phase of irreversible or intractable.
In that case, if a person has, along with manufacturing also other diseases, they are worsening due to the impact on them "working" disease also falls into the category of professional and can be considered as the basis for disability.
To accurately establish the degree of disability of workers, the expert must be a highly qualified specialist.
Compensation Health
According to physical or mental harm, which was an employee during his employment, he was appointed financial compensation in the amount stipulated by the labor legislation.
Currently accepted that employees entered into a contract of life insurance in the event of disability.If the employee is partially unusable, he charged the salary, compensation for pharmaceuticals and contents in the hospital, one-time payment from the Social Insurance Fund.
If a particular qualification is established disability as a result of serious injury, the employee shall be paid a monthly allowance, provided appropriate medical care and the opportunity to restore the sanatorium.
Benefits Disability
In that case, if the employee was disabled for occupational disease or a work-related injury and lost the ability to work in full, it is transferred to the light work day or reduced payment of wages.This is the case with 1 and 2 of disability.
third group is awarded the full disability, the employee can no longer perform their duties, or to retrain in an industrial illness or injury.
transition from one disability to another is carried out on the basis of a medical examination.
decision on the amount of payments due to illness, reimbursement for medicines and hospital treatment takes the Social Insurance Fund, based on the data, which provides the medical examiner.According to the survey and determining the extent of the physical and moral damage to the victim in the absence of his guilt is assigned the amount of compensation, as well as possible solutions for the rehabilitation of the patient.This applies to measures such as the definition of the injured to a specialist clinic, registration of vouchers to the sanatorium, payment consulting psychologist.
Payment in court
If the employee received a disability in connection with their activities in the production, he is entitled to a refund of health and compensation for moral damages.
question of the amount of compensation shall be decided according to the conclusion, which gives the forensic expert.It checks the extent of mental illness in the affected connection with the case and evaluates caused him damages.Also, it is possible to apply to the case if the employee does not agree with the group of disability, which he appropriated VTEK.
In this case, the employee sued the employer or the insurance company.Win you can only after receiving the findings of non-compliance experts assigned disability group or the amount of compensation to the mental and physical state in which the injured party.
reexamination employee malfunction
There are periods of re-examination of workers' health, incapacitated.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.
re-examination takes place after 6 months, a year or two after the first diagnosis.Normally it is held every year.It does not apply to those employees whose disease is recognized as an irreversible or whose injuries did not allow them to continue working.So people with a disability is assigned a lifelong pension payments.
can go ahead of re-examination, if the patient's condition deteriorated sharply, which is the confirmation of the medical commission.In this case, the Bureau of Medical and Social Expertise checks and makes a decision based on the new results.
Also, the employee has the right to apply for early check its condition.In addition to the re-examination of the employee may apply for the insurance company or employer if discrepancies were found in the documents or their forgery.
