Author: S. Ukibasova, judge of the district court number 2, Kazybek Bi district of Karaganda
The state pays close attention to providing of healthy and safe working conditions, labor protection of workers and employees, cares about the improvement of labor conditions and protection, its scientific organization.
The legislation provides a strict supervision of compliance with the rules and regulations on professional safety and provides for liability for their violation, establishes the procedure for investigation of accidents at work. A qualified determination of causes of industrial injuries, their proper investigation contributes not only to prevent them in the future, but also to quickly resolve the issue of compensation for damage. Labor legislation imposes provision of healthy and safe working conditions on employer. The employer is obliged to ensure employees with working conditions in accordance with the labor legislation of the Republic of Kazakhstan, labor and collective bargaining agreements; provide employees with equipment, tools, technical documentation and other means necessary for their job duty performance, at the employer’s expense; suspend work if its continuation creates a threat to the life and health of employee and other people; insure the employee against employment accidents; warn the employee about harmful and (or) dangerous working conditions and the possibility of occupational disease.
The employer must take measures to prevent risks in the workplace and technological processes, carry out preventive work with consideration for production and scientific and technical progress; compensate for the harm caused to employee’s life and health while performing his professional duties. If the person entrusted with the insurance has not executed it or entered into an insurance contract on conditions that worsen the position of the insured compared to that provided for by legislation, this person is liable to the insured under the same terms that an insurance payment would be made with proper insurance. In the insurance event the beneficiary has the right to file a claim directly to the insurer for the payment of the insurance payment provided for in the insurance contract.
When causing harm to employee’s life and (or) health during the job duties performance, the employer is obliged to compensate for the damage in the amount and manner stipulated by the legislation of the Republic of Kazakhstan. The harm is reimbursed in full in the absence of employee insurance payments. If there are insurance payments, the employer must compensate the difference between the insurance amount and the actual amount of harm. In case an employee is injured, and the degree of loss of occupational capacity is set between five and twenty-nine percent, the employer must compensate the employee for lost earnings and expenses caused by damage to his health. The amount of expenses caused by the damage to health reimbursed by the employer during the period of determining the degree of disability may not exceed 200 MCI established for the relevant financial year by the law on the national budget at the time of payment. Payment for reimbursement of expenses caused by damage to health is made on the basis of documents confirming these expenses submitted by the employee or the person who incurred these expenses. The medical care provided within the framework of the guaranteed volume of free medical care and in the compulsory social health insurance system in accordance with the legislation of the Republic of Kazakhstan in the field of health care is not subject to reimbursement.
In the event of damage to health of the employee which led to disability or death, an accident investigation is conducted. Recorded accidents related to work, damage to the health of workers associated with the performance of labor duties, if they occurred: before or at the end of working time in preparing and tidying up the workplace; during working hours at the workplace, on the way of the employee, whose activity is related to the movement between service objects, including those ordered by the employer, as well as during a business trip while fulfilling work duties; when traveling to the place of work or from work on a vehicle provided by the employer; on a personal vehicle with the written consent of the employer for the right to use it for business purposes; when committing actions on their own initiative in the interests of the employer; on the way of working on a rotational basis from the place of assembly (residence during the shift) to work or back on a vehicle provided by the employer.
Investigations of employment accidents and special investigations are carried out by commissions in the manner prescribed by labor legislation. On investigation completion, a corresponding act is formed.
The procedure and terms for compensation of damage caused by damage to health of workers and employees are governed by civil legislation of the Republic of Kazakhstan. When a citizen is injured, compensation is paid for lost earnings (income) that he had or could definitely have, as well as expenses caused by damage to health (for treatment, additional food, purchase of medicines, prosthetics, external care, sanatorium-resort treatment, purchase of special vehicles, preparation for another profession, and others), if the injured is recognized to need these types of assistance and care and does not receive them for free.
State control on compliance with labor legislation of the Republic of Kazakhstan is carried out by state labor inspectors. Acts of the state labor inspector are binding for officials, individuals and legal entities.
In case of violation of the rights of an employee, including damage to health, individual labor disputes are heard by mitigation committees, and unresolved issues or non-execution of mitigation committee’s decision - by the courts, with the exception of small businesses.
Disputes on compensation for injury or other damage to health are resolved by district and similar courts. In accordance with Part 5 of Article 30 of the Civil Procedure Code of the Republic of Kazakhstan, claims for compensation for injury or other damage to health may be brought by the plaintiff at his place of residence or at the place of injury.
The dispute settlement procedure established by law maximally consults interests of the injured employee, ensures timely review of the stated claims.
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