SOME ISSUES OF DAMAGE COMPENSATION IN THE CASE OF INJURY TO HEALTH AS A RESULT OF A PRODUCTION ACCIDENT
Based on the established common law, current legislation including the orders and decisions of the Constitutional and Supreme Courts of the Russian Federation on the issues of compensation of damage caused by an accident to an employee, the paper considers the possibility of legislative consolidation of the principle of wage loss indemnity in full and not as a percentage of the established disablement. The author highlights that the employer is responsible for the employee’s personal work injury, and this harm should be compensated in full and not in any part (from whatever it was). An employee has the full right to compensation for damage not covered by the insurance, and the author proposes to fix it in the official explanations sent to the courts. The author points out that it will help to prevent violation of rights of employees who have suffered an accident and who, for the most part, are deprived of further opportunity to work, and will lead to uniformity of judicial practice on this issue as well. The author notes that while solving the issue of compensation for moral harm from a production accident, the parties (employer and employee) should agree on a pre-trial basis, without going to a court and choosing as a remedy to appeal to a court only in exceptional cases. The author proposes to introduce the responsibility for unlawful refusal to pay moral compensation in the pre-trial order, as well as the minimum compensation limits depending on the degree of disability and the assessed group of disability. Moreover, the paper emphasizes the importance of court’s assessment of all considerable circumstances of a case, including the employer’s fault in the accident, the volume, and depth of physical and moral suffering of an employee, as well as the employee’s labor merits and values.