The System of Compensation of Damage Done to the Health of the Employee
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Abstract
Compensation of damage done to health is not simply of compensational nature, it is an important guarantor of the social rights of the injured as well. The peculiarities of legal regulation of the compensation of damage done to the health of the employee are determined by the nature of the damage done to health. Damage done to health may be compensated in several ways, and such methods of compensation are usually regulated by separate legal acts.
In the Republic of Lithuania, the compensation of such damage is regulated by the Law on Social Insurance of Occupational Accidents and Occupational Diseases, the Interim Law on Compensation of Damage due to Occupational Accidents and Occupational Diseases, the Labour Code and the Civil Code. The damage done to the health of the employee may be compensated by the public social insurance against occupational accidents and occupational diseases. However, such social insurance does not cover all of the damage done to the employee, it only reimburses the lost earnings. Compensation of damage in the form of social insurance in no way coincides with the material liability of the guilty person with respect to the conditions for the compensation of such damage as well. For such reasons, by differentiating the legal regulation of damage done to the health of the employee, it is possible to deviate from the compensational nature of the redress of damage, and to infringe the principle of complete compensation of damage.
The article analyses problems of interaction of various methods of compensation of damage and proposes possible solutions to such problems. By way of systematic analysis, a reasoned conclusion is made that the legal provisions, enacted in different legal acts, and providing for different ways of compensation of damage done to the health of the employee, form a general (common) system of compensation of such damage. All such legal provisions, which provide for a compensation of damage, are bound by general principles and supplement each other, thus guaranteeing a balanced functioning of the system of compensation of damage done to the health of the employee. The system of compensation of damage of the health of the employee requires for different methods of compensation of damage to be applied in subsidiarity.
Firstly, the question of compensation of damage must be dealt with according to the provisions of public law – by means of social insurance of occupational accidents and occupational diseases, and only after that could the part of the nonreimbursed damage be compensated according to the rules of the material liability of the employer or the rules of civil liability.
In the Republic of Lithuania, the compensation of such damage is regulated by the Law on Social Insurance of Occupational Accidents and Occupational Diseases, the Interim Law on Compensation of Damage due to Occupational Accidents and Occupational Diseases, the Labour Code and the Civil Code. The damage done to the health of the employee may be compensated by the public social insurance against occupational accidents and occupational diseases. However, such social insurance does not cover all of the damage done to the employee, it only reimburses the lost earnings. Compensation of damage in the form of social insurance in no way coincides with the material liability of the guilty person with respect to the conditions for the compensation of such damage as well. For such reasons, by differentiating the legal regulation of damage done to the health of the employee, it is possible to deviate from the compensational nature of the redress of damage, and to infringe the principle of complete compensation of damage.
The article analyses problems of interaction of various methods of compensation of damage and proposes possible solutions to such problems. By way of systematic analysis, a reasoned conclusion is made that the legal provisions, enacted in different legal acts, and providing for different ways of compensation of damage done to the health of the employee, form a general (common) system of compensation of such damage. All such legal provisions, which provide for a compensation of damage, are bound by general principles and supplement each other, thus guaranteeing a balanced functioning of the system of compensation of damage done to the health of the employee. The system of compensation of damage of the health of the employee requires for different methods of compensation of damage to be applied in subsidiarity.
Firstly, the question of compensation of damage must be dealt with according to the provisions of public law – by means of social insurance of occupational accidents and occupational diseases, and only after that could the part of the nonreimbursed damage be compensated according to the rules of the material liability of the employer or the rules of civil liability.
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Articles
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Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.
