Constitutional Court allows abolition of payments for industrial accidents

The Constitutional Court has declared constitutional the revoking of people’s right to compensation for moral damages from the Industrial Accident and Occupational Diseases which have caused Disability Fund.

In its judgment, published on Tuesday, the Court states that the amendments to the law on insurance tariffs for mandatory industrial accident insurance revoke the right of those insured who have suffered an industrial accident or occupation disease to moral damages from the Fund.

The Court explains its judgment by saying that the Civil Code and Code of Labour Laws provide citizens with the right to receive moral compensation from their employer.

“The legally established distribution of duties with regard to compensation for moral damages to those who have suffered an industrial accident or occupational disease do not run counter to the requirements of Article 22 of the Constitution.”*

The Court also found constitutional the provision of the law in question according to which a single insurance payment to the victim of an industrial accident in the event that the person is unable to work, should not be more than 4 times the amount of the threshold amount of wages from which contributions are made to the Industrial Accidents Fund.

The judge reporting on this case stated that these amendments to the law came into effect with the law itself and thus they do not envisage a restriction in payments, but the designation of the amount in law.

* Article 22 § 3  of the Constitution states that: “The content and scope of existing rights and freedoms shall not be diminished in the adoption of new laws or in the amendment of laws that are in force.”

From information at www.pravda.com.ua