Occupational disease – are payments from the organization due to it or not? Harmful working conditions that adversely affect human health can lead to the development of specific diseases. In such cases, employees are entitled to one-time compensation, monthly and some other payments. We will tell you about them in our article.
What is an occupational disease
It is the responsibility of the employer to ensure safe working conditions for employees. Harmful working conditions at the enterprise, constant exposure to chemical, biological, radioactive and other negative factors adversely affect the health of employees and can lead to the development of occupational diseases. What is meant by a chronic occupational disease?
The term “occupational disease”, according to art.3 of the Law “On Compulsory Social Insurance” dated 07/24/1998 No.125-FZ, means the disease of the insured, which was the result of exposure to harmful industrial factors and entailed temporary or permanent loss of professional ability to work and/or death. Occupational diseases are divided into two types:
- Sharp. They are characterized by the harmful effects of harmful factors on the body for a short time (one day). They develop, as a rule, in case of violation of safety regulations, neglect of personal protective equipment.
- Chronic. These are diseases that develop as a result of prolonged exposure to harmful factors. They may result in partial or complete disability.
The list of occupational diseases was approved by Order No.417n of the Ministry of Health and Social Development of the Russian Federation dated 04/27/2012.
For more information about possible measures to improve working conditions in the workplace, see the article “Procedure for conducting a special assessment of working conditions”.
Occupational health benefits in 2024
In case of disability due to occupational disease, the employee has the right to count on compensation for the damage received (art.8 of Law No. 125-FZ). The amount of payments depends on the severity of the damage received and the loss of further working capacity:
|
Type of payment |
NPA |
Calculation procedure |
The maximum size in 2024, rub. |
|
To pay for temporary disability |
art. 9 of Law No.125-FZ, paragraph 2 of Article 1, Article 14 of the Law On Compulsory Social Insurance in Case of Temporary Disability and in Connection with Maternity dated 12/29/2006 No.255-FZ, Decree of the Government of the Russian Federation dated 01/23/2024 No. 46 |
100% of the average monthly earnings of the victim, is paid until his recovery or establishment of the degree of disability |
4 × 108 784.04 = 435 136.16 |
|
One-time payment upon receipt of occupational diseases |
art. 11 of Law No. 125-FZ, Decree of the Government of the Russian Federation dated 01/23/2024 No. 46 |
It is established annually by the federal law on the budget of the Federal Social Security Service (from 2023 – the year of the Social Fund of Russia, formed as a result of the merger of the FIU and the Federal Social Security Service). If there are district coefficients and allowances, then the payout increases according to these coefficients |
141 480.16 |
|
Monthly compensation for disabled workers |
Article 12 of Law No.125-FZ |
The average monthly income of the insured is determined as the result of dividing the total amount of his earnings (including bonuses of the billing period) for the 12 months preceding the month of occurrence of the insured event by 12. District coefficients and allowances are taken into account in the calculation. Next, the average monthly earnings should be multiplied by the percentage of disability, it is determined according to the rules approved by the decree of the Government of the Russian Federation dated 16.10.2000 No.789 |
108 784.04 |
|
Other compensatory payments |
They are installed by local or industry-specific NPAs |
||
For other information on payments from extra-budgetary funds, see the article “Compensation payments under the social security system”.
Of the above payments, the employee only draws up temporary disability benefits through the employer. Moreover, since 2021, the employer does not pay money, but only transfers the data and documents necessary to pay for the hospital to the SFR. And the fund already transfers the employee’s allowance directly.
The remaining payments are made by the employee in the SFR or through the MFC.
Results
Workers who have received occupational diseases at work have the right to expect some compensation. In 2024, new amounts of the maximum allowable values of payments at the expense of the Social Fund of Russia are in effect.