INFORMATION LETTER about the possible consequences of violation of requirements of labour protection, labour discipline for the employee

In order to strengthen social protection of citizens, injured in accidents at work and occupational diseases, compensation for their life or health damage, as from 1 January 2004 in the Republic of Belarus introduced compulsory insurance against accidents at work and occupational diseases (further – insurance), implementation of which was entrusted to brusb "Belgosstrakh".
One of the principles of insurance is the warranty insured's right to insurance coverage, i.e., the state guarantees that people in case of receipt of health damage in result of accident on manufacture or occupational diseases, brasp "Belgosstrakh" necessarily be produced by him established insurance payments.
According to paragraph 292 of the Regulations on insurance activities in the Republic of Belarus approved by the decree of the President of the Republic of Belarus of 25 August 2006 No. 530 (hereinafter – the Regulation on insurance activities), these insurance benefits consist of:

reimbursement to the Fund of social protection of the population of expenses incurred for payment of pensions for disability and survivors benefits in respect of accidents at work and occupational diseases (if any redress is allowed beginning July 1, 1999);

benefits for temporary disability assigned in connection with the insured event (accident on manufacture or occupational disease);

copayments up to the monthly earnings of the insured temporarily transferred in connection with impairment of health to an easier lower paid job until rehabilitation or establishment of proof loss;

lump sum insurance payment to the insured or a person entitled to the benefit in case of death of the insured;
monthly insurance benefits to the insured or to the persons entitled to receive such payments in case of death of the insured;

payment of additional costs associated with damage to the health of the insured;

for the funeral expenses of the deceased insured, whose death was caused by an insured event.
It should be noted that if according to the regulations on the procedure of providing benefits for temporary disability and maternity, approved by decree of the Council of Ministers of the Republic of Belarus from June 28, 2013 № 569, temporary disability benefits in connection with illness or injury in the home may amount to 80 per cent of average daily earnings during the first 12 calendar days of disability and 100 per cent of average daily earnings in the subsequent calendar days of continuous temporary disability, according to the Regulation on provision of temporary disability benefits in connection with accidents on manufacture and occupational diseases approved by the resolution of Council of Ministers of the Republic of Belarus of 25 April 2014 No. 393 (hereinafter – the Regulation № 393), this allowance is granted in the amount of 100% of the average daily (hourly average) earnings from the first day of incapacity.
However, keep in mind that not all cases of personal injury occurred at work or during working hours are industrial accidents in the production and have the responsibility of brasp "Belgosstrakh" the payment of insurance benefits. Most full such the circumstances set out in paragraph 24 of the Rules of investigation and accounting of accidents on production and occupational diseases, approved by resolution of the Council of Ministers of the Republic of Belarus from January 15, 2004 No. 30 (hereinafter – the Rules of investigation).
Pursuant to paragraph 24 of the Rules of the investigation, the accident happeneday, decorated act on accident non-productive forms of NP, does not entail the duty of brasp "Belgosstrakh" to pay insurance claims if damage to health, the death of the victim:

occurred as a result fixed by the court or confirmed by the Prosecutor's office, Investigative Committee or other authorized government body of the intent of the victim (the victim committing unlawful acts, including theft and hijacking) or intentional infliction of harm to health (suicide attempt, suicide, mutilation, and similar acts);

occurred in circumstances where the sole cause of the damage to health of the victim's death was his being in a state of alcoholic intoxication or in a state caused by consumption of narcotic drugs, psychotropic substances, their analogues, toxic or other intoxicating substances, as evidenced by a document issued in the prescribed manner health organization;

due solely to the disease of the victim, available to health damage, death, confirmed by the document issued by the health organization;

occurred while executing work not requested by the authorized officer of the organization, of the insured, in cases of making a victim personal purposes of any items or unauthorised personal use of vehicles, mechanisms, equipment, tools, fixtures organization, insurer, performing state or public duties, not in pursuit of territory, of the insured to the workplace and back, not in the arrangement of equipment, tools, devices and means of individual protection, not in the fulfilment of the internal regulations of actions and in other cases the victim in the performance of employment duties, not when performing work on assignment for the organizationtion of the insured.
However, in the case of recognition of the fact of injury employee accident (insurance act accident in the production of form H-1) or disease – occupational disease (to be issued by the act on occupational illness form PZ-1) the size of the number of insurance payments that brasp the service is obliged to make the employee, can be reduced.
Often one of the reasons for an accident at work or occupational disease is the violation by the victim known to him of requirements of labor protection, labor and production discipline. So, in 2015, these violations were identified in 56.6 per cent of accidents at production with the fatal outcome, have occurred in the country. If the actions of the victim during the investigation of an accident at work or occupational disease is established gross negligence, as noted above, the size of the number of insurance payments will be reduced.
According to item 36 of the Instruction about the procedure for filling, conducting and storage of documents required for investigation of accidents at work and occupational diseases, approved by the decree of the Ministry of labour and social protection of the Republic of Belarus and the Ministry of health of the Republic of Belarus from August 14, 2015 No. 51/94, gross negligence may be a victims failure to comply with elementary requirements of care that are understandable to everyone, as well as the requirements on labor protection, which he trained in connection with the performance of their duties, if taking into account the specific situation of working foresaw the possibility of harmful consequences, but thoughtlessly hoped they will not come. In particular, gross negligence can be recognized by finding the victim in a state of alcoholic intoxication or in a state caused by consumption of narcotic drugs, psychotropic substances, their analogues, toxic or other intoxicating substances, which has contributed to occurrence or increase of damage.
Paragraph 14 of the Rules of the investigation, it was found that if rough imprudence of the victim promoted occurrence or increase of damage caused to his health, the degree of fault of the victim in percent is determined and indicated in the act of accident on production of form H-1 or in the act on occupational illness form PZ-1 on the basis of the Protocol on the determination of the degree of fault of the victim from an accident at work, occupational diseases.
Installed the degree of guilt of the victim, influences the size of insurance payments, because according to paragraph 311 of the Regulations on insurance activities established that in such cases the amount of lump sum and monthly insurance payments reduced brutp "Belgosstrakh" in proportion to the degree of fault of the victim, but not more than 50 percent.
In addition, the decision of the Council of Ministers of the Republic of Belarus of 27 January, 2016 No. 66 in Regulation No. 393 as amended, which entered into force on 1 March 2016, which found that the temporary disability benefits that are assigned in connection with the insured event is assigned in the amount of 50%, i.e. reduced by half in the case of the establishment of the victim at initial contact for medical care for injuries of the fact of intoxication, a condition caused by the consumption of narcotic drugs, psychotropic substances, their analogues, toxic or other intoxicating substances.
Based on the above and in order to form a self-preservation behavior of workers find it expedient to bring this information to the organizations.

Official source: website of the Ministry of labour and social protection of population of the Republic of Belarus: http://mintrud.gov.by/ru/inform_pismo_15032016