A person’s ability to work is his ability to carry out professional activities in full and in full. People devote most of their lives 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 an operating time record.
Types of labor
Qualification of disability implies the presence of several types:
- general labor activity concerns any work in ordinary conditions;
- professional work implies mastery of the specialty and practical application of knowledge in the conditions corresponding to the profession;
- special disability is associated with certain working conditions, often unfavorable, difficult to perform and requiring special skills and preparation.
Regardless of what type of activity a person chooses, he has legal protection if partial or complete disability occurs.
Causes of disability
Deprivation of the ability to fully perform the work can occur with an occupational disease or general. Common diseases include health problems not related to working conditions or the complexity of the profession. Most often, this is a person’s general ability to work, when he does not need a long development of a specialty or any specific skills. The resulting diseases are unprofessional in nature, but, nevertheless, a temporary loss of the opportunity to work is paid by the state or the employer in accordance with labor legislation.
The loss of professional ability to work of people is directly related to the risks of their specialty or acquired due to adverse working conditions of any disease. In this case, not only the "Labor Law" comes into force, but also the rules of life insurance against industrial accidents.
Partial disability
Everyone has the right to quality medical 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 amount of payments depends either on the insured event or is prescribed by law. Partial is the temporary inability of a person to fulfill his professional duties. In this regard, the percentage of the degree of disability, which is determined by the medical commission, is established. It can make up 10-30% of the previous level of working capacity, when the employee needs other working conditions or a smaller volume 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 under a complete change of conditions and not in full, the examination of disability sets the level of disability at 70 - 90%.
Partial loss payment
If the employee’s disease is of a general, not professional nature, then he is issued and paid sick leave for the entire duration of treatment.
Sick pay is made in accordance with labor law.
In case of temporary disability, the state or the employer partially or fully compensates the employee for the earnings lost due to illness.
- So, if the worker's experience is less than 5 years, then he receives 60% of the salary.
- With an experience of 5 to 8 years - 80%.
- When an employee’s experience of 10 years or more, the compensation will be 100% of the average salary.
Special list
According to the legislation, partial disability by persons included in the special list is paid in the amount of 100%, regardless of the length of their work experience. These include:
- war veterans and combatants;
- employees who support 3 or more minor children;
- wives or husbands of military personnel (this does not apply to conscripts);
- women who are granted maternity leave;
- former orphans and children deprived of parental care.
Partial disability means a temporary absence from work due to a general illness.
Total disability
If the employee has clearly expressed disturbances in the body’s work related directly to his professional activity, and he cannot continue to work under any conditions, he will be 100% disabled.
When such a person is injured at work or becomes incapable of work in connection with his professional activity, he has the right to monetary compensation. The qualification of the employee's ability to work is determined in accordance with an insured event or a special commission.
A complete disability includes not only injuries and injuries sustained as a result of an accident, but also occupational diseases that prevent the employee from further engaging in his activities.
Occupational diseases
Diseases that a person received in connection with his professional activity are divided into two types:
- The former have partial or complete reversibility. They are treatable, and such loss of professional ability to work is most often associated with allergic manifestations or the initial stages of bronchitis and intoxication. Sometimes it’s enough to change working conditions and undergo treatment to fully recover. For the first group of people, there are preventive and treatment facilities where they can receive qualified help.
- The second group cannot be completely cured. These include occupational diseases such as pneumoconiosis, hearing loss, severe intoxications. The medical commission determines the degree of damage to the human body and decides to establish a disability group. Often, such diseases are "overgrown" by side diseases that develop against the background of chronic manifestations. In this case, the disability group may vary.
Workers of the second group should be provided with treatment referral to specialized clinics.
Disability clearance
The issue of assigning a disability group is considered only when a full examination of the employee's work capacity has been carried out. The facts of getting the disease in connection with professional activity or at the workplace are also checked. The medical labor expert commission considers the issue of disability based on 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 disability groups are awarded in case of intoxication or damage during an accident. Also, this group may include workers whose occupational diseases have passed into the phase of irreversible or difficult to cure.
In the event that a person has other diseases along with industrial diseases, their exacerbation due to the impact of a “working” illness also falls into the professional category and can be considered as a basis for disability.
In order to accurately establish the degree of disability of workers, the expert must be a highly qualified specialist.
Health Compensation
In accordance with the physical or mental damage that the employee received during his labor activity, he is awarded financial compensation in the amount stipulated by labor legislation.
It is currently accepted that employees enter into life insurance contracts in the event of disability. If the employee is partially unemployed, then he is charged salary, compensation for drugs and hospitalization, a one-time payment from the Social Insurance Fund.
If a certain qualification for disability is established as a result of severe injuries, the employee is paid monthly benefits, appropriate medical care is provided and the opportunity to recover in the sanatorium is provided.
Disability benefits and benefits
In the event that an employee has received a disability due to an occupational disease or due to an industrial injury and has lost the ability to work in full, he will be transferred to light work or a shortened day with compensation for wages. This applies to people with disabilities groups 1 and 2.
The third group is awarded in case of complete disability, when the employee can no longer fulfill his duties or retrain due to work-related illness or injury.
The transition from one disability group to another is carried out on the basis of a medical examination.
The decision on the amount of sickness benefit, reimbursement for medicines and treatment in the hospital is made by the Social Insurance Fund, based on the data provided by the 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 is assigned, as well as possible solutions for the rehabilitation of the patient. This applies to such measures as identifying the victim in a specialized clinic, arranging a ticket to a sanatorium, paying for consultations with a psychologist.
Payment through court
If an employee received a disability in connection with his work in the workplace, then he has the right to monetary compensation for health and compensation for moral damage.
The question of the amount of compensation is decided according to the conclusion that the forensic expert gives. He checks the degree of mental disorder of the victim in connection with the incident and assesses the moral damage inflicted on him. You can also contact him if the employee does not agree with the disability group assigned to him by VTEK.
In this case, the employee files a lawsuit against the employer or insurance company. You can only win it if you receive expert conclusions about the mismatch of the assigned disability group or the amount of compensation to the mental and physical condition in which the injured party is.
Re-examination of an employee who has lost working capacity
There are deadlines for re-examining the health status of workers who have lost their ability to work. 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. 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 disabilities with lifelong retirement benefits.
You can go ahead of time re-examination, if the patient's condition has deteriorated sharply, which is confirmed by the medical commission. In this case, the bureau of medical and social expertise checks and makes a decision based on new results.
Also, the employee has the right to apply for early inspection of his condition. In addition to the employee, the insurance company or the employer can submit an application for re-examination if inconsistencies in the documents or their forgery were found.