Document from CIS Legislation database © 2003-2020 SojuzPravoInform LLC

FEDERAL LAW OF THE RUSSIAN FEDERATION

of July 24, 1998 No. 125-FZ

About compulsory social insurance from labor accidents and occupational diseases

(as amended on 07-03-2018)

Accepted by the State Duma of the Russian Federation on July 2, 1998

Approved by Council of the Russian Federation on July 9, 1998

This Federal Law establishes in the Russian Federation legal, economic and organizational basis of compulsory social insurance from labor accidents and occupational diseases and determines procedure for the indemnification caused to life and health of the worker in case of execution of obligations by it according to the employment contract and in other cases established by this Federal Law.

Chapter I. General provisions

Article 1. Tasks of compulsory social insurance from labor accidents and occupational diseases

1. Compulsory social insurance from labor accidents and occupational diseases is type of social insurance and provides:

ensuring social protection insured and economic interest of subjects of insurance in decrease in professional risk;

indemnification, caused to life and health insured in case of execution of obligations by it according to the employment contract and in other cases established by this Federal Law, by provision insured in full all necessary types of providing on insurance, including payment of expenses on medical, social and employment rehabilitation;

ensuring preventive measures on reducing industrial traumatism and occupational diseases.

2. This Federal Law does not limit the right insured for indemnification, performed in accordance with the legislation of the Russian Federation, in the part exceeding the providing on insurance performed according to this Federal Law.

In case of damnification of life and to health insured providing on insurance it is performed according to this Federal Law irrespective of the indemnification performed in accordance with the legislation of the Russian Federation about obligatory civil liability insurance of the owner of dangerous object for damnification as a result of accident on dangerous object.

3. To perform public authorities of subjects of the Russian Federation, local government bodies, and also the organizations and citizens hiring the workers having the right in addition to the compulsory social insurance provided by this Federal Law at the expense of own means other types of insurance of workers, stipulated by the legislation the Russian Federation.

Article 2. The legislation of the Russian Federation on compulsory social insurance from labor accidents and occupational diseases

The legislation of the Russian Federation on compulsory social insurance from labor accidents and occupational diseases is based on the Constitution of the Russian Federation and consists of this Federal Law, the Federal Laws and other regulatory legal acts of the Russian Federation adopted according to it.

If the international treaty of the Russian Federation establishes other rules than provided by this Federal Law, then rules of the international treaty of the Russian Federation are applied.

Article 3. The basic concepts used in this Federal Law

For the purposes of this Federal Law the following basic concepts are used:

object of compulsory social insurance from labor accidents and occupational diseases - the valuable interests of physical persons connected with loss by these physical persons of health, professional working capacity or their death owing to labor accident or occupational disease;

subjects of insurance - insured, the insurer, the insurer;

insured:

the physical person which is subject to compulsory social insurance from labor accidents and occupational diseases according to provisions of Item 1 of article 5 of this Federal Law;

the physical person which sustained the damage of health owing to labor accident or occupational disease confirmed in accordance with the established procedure and which entailed loss of professional working capacity;

the insurer - the legal entity of any form of business (including the foreign organization performing the activities in the territory of the Russian Federation and hiring citizens of the Russian Federation) or the physical person hiring persons which are subject to compulsory social insurance from labor accidents and occupational diseases according to Item 1 of article 5 of this Federal Law;

the insurer - Social Insurance Fund of the Russian Federation;

insured event - the fact of damage of the health or death insured owing to labor accident or occupational disease confirmed in accordance with the established procedure which attracts emergence of the obligation of the insurer to perform providing on insurance;

labor accident - event as a result of which insured sustained injuries or other damage of health in case of execution of obligations by it according to the employment contract and in other cases established by this Federal Law both in the territory of insurer, and beyond its limits or in travel time to place of employment or returns from place of employment on the transport provided by the insurer and which entailed need of the translation insured for other work, temporary or permanent loss of professional working capacity by it or his death;

occupational disease - chronic or acute disease insured, being result of impact on it harmful (harmful) production (production) factor (factors) and entailed temporary or permanent loss of professional working capacity by it and (or) his death;

insurance premium - the obligatory payment on compulsory social insurance from labor accidents and occupational diseases calculated proceeding from insurance rate, discount (allowance) to insurance rate which the insurer shall bring to the insurer;

insurance rate - the rate of insurance premium estimated proceeding from benefits amounts and other remunerations added for benefit of the insurance premiums insured according to employment contracts and civil agreements and included in base for charge according to article 20.1 of this Federal Law;

providing on insurance - insurance indemnity of the harm done as a result of loss occurrence of life and to health insured in the form of the sums of money paid or compensated by the insurer insured or to persons having the right to it according to this Federal Law;

professional risk - probability of damage (loss) of health or death insured, connected with execution of obligations by it according to the employment contract and in other cases established by this Federal Law;

class of professional risk - the level of industrial traumatism, professional incidence and expenses on providing on insurance which developed by types of economic activity of insurers;

professional working capacity - capability of the person to performance of work of certain qualification, amount and quality;

extent of loss of professional working capacity - the permanent decline in the ability expressed as a percentage insured to perform professional activity to loss occurrence;

earnings of insured - all payment types and other remunerations (as on principle place of employment, and in combination) added for benefit of insured within employment relationships and civil agreements which subject are performance of works and (or) rendering services, agreements of the author's order if according to the specified agreements the customer pay to the insurer insurance premiums, and the insurance premiums included in base for charge according to article 20.1 of this Federal Law.

Article 4. The basic principles of compulsory social insurance from labor accidents and occupational diseases

The basic principles of compulsory social insurance from labor accidents and occupational diseases are:

security of the right insured for providing on insurance;

economic interest of subjects of insurance in improvement of conditions and increase in labor safety, decrease in industrial traumatism and professional incidence;

obligation of registration as insurers of all persons hiring (involving in work) the workers who are subject to compulsory social insurance from labor accidents and occupational diseases;

obligation of payment by insurers of insurance premiums;

differentiation of insurance rates depending on class of professional risk.

Article 5. Persons which are subject to compulsory social insurance from labor accidents and occupational diseases

1. From labor accidents and occupational diseases are subject to compulsory social insurance:

the physical persons performing work based on the employment contract signed with the insurer;

the physical persons condemned to imprisonment and involved in work by the insurer.

The physical persons performing work based on the civil agreement which subject are performance of works and (or) rendering services, agreements of the author's order are subject to compulsory social insurance from labor accidents and occupational diseases if according to the specified agreements the customer pay to the insurer insurance premiums.

2. Operation of this Federal Law extends to citizens of the Russian Federation, foreign citizens and stateless persons if other is not provided by the Federal Laws or international treaties of the Russian Federation.

Article 6. Registration and removal from accounting of insurers

1. Registration of insurers is performed in territorial authorities of the insurer:

1) insurers - legal entities in time, not exceeding three working days from the date of submission to territorial authorities of the insurer the federal executive body performing state registration of the legal entities, the data containing in the Unified State Register of Legal Entities and represented according to the procedure established by the authorized Government of the Russian Federation federal executive body;

2) insurers - legal entities in the location of their separate divisions for which for making of transactions accounts in banks (other credit institutions) are opened by legal entities and which charge payments and other remunerations for benefit of physical persons, based on the statement for registration as the insurer submitted in time no later than 30 calendar days from the date of creation of such separate division;

3) insurers - the physical persons which signed the employment contract with the worker at the place of residence of the insurer based on the statement for registration as the insurer submitted in time no later than 30 calendar days from the date of execution of an employment agreement with the first of the accepted workers;

4) insurers - the physical persons obliged to pay insurance premiums in connection with the conclusion of the civil agreement which subject are performance of works and (or) rendering services, agreements of the author's order, at the place of residence of the insurer based on the statement for registration as the insurer submitted in time no later than 30 calendar days from the date of the conclusion of the specified agreement.

2. The document confirming the fact of registration of the insurers specified in the subitem 1 of Item 1 of this Article, and the document on insurance rate from labor accidents and occupational diseases go for compulsory social insurance territorial authority of the insurer to the insurer with use of information and telecommunication networks public, including Internet networks, including the single portal of the state and municipal services, in the form of the electronic documents signed by the strengthened qualified digital signature, to the e-mail address containing in the scope of information of the Unified State Register of Legal Entities (when specifying the e-mail address in the statement for state registration), provided by the federal executive body performing state registration of legal entities to territorial authorities of the insurer. Receipt in writing on paper of confirmation of the fact of this registration and data on insurance rate on compulsory social insurance from labor accidents and occupational diseases is not obligatory for the insurer. Such documents are issued on the corresponding request of the insurer by territorial authority of the insurer in time, not exceeding three working days from the date of receipt of the corresponding request.

3. Removal from accounting of insurers is performed in place of registration in territorial authorities of the insurer:

1) insurers - legal entities in time no later than five working days from the date of submission to territorial authorities of the insurer the federal executive body performing state registration of legal entities, the data containing in the Unified State Register of Legal Entities, according to the procedure, determined by the authorized Government of the Russian Federation federal executive body;

2) insurers - the legal entities specified in the subitem 2 of Item 1 of this Article, in time no later than 14 working days from the date of submission by the insurer of the statement for removal from accounting (in case of liquidation of separate division, or closing with the insurer - the legal entity of the bank account (other credit institution) opened for making of transactions by separate division, or the termination of powers of separate division on maintaining separate balance or charge of payments and other remunerations for benefit of physical persons) in the location of such separate division;

3) insurers - the physical persons specified in the subitem 3 of Item 1 of this Article, in time no later than 14 working days from the date of submission by the insurer of the statement for removal from accounting (in case of the termination of the employment contract with the last of the accepted workers);

4) insurers - the physical persons specified in the subitem 4 of Item 1 of this Article, in time no later than 14 working days from the date of submission by the insurer of the statement for removal from accounting (in case of termination or the termination of effective period of the civil agreement which subject are performance of works and (or) rendering services, agreements of the author's order on condition of lack of the employment contract with the worker accepted by the insurer).

4. Statements for registration as the insurer and the statement for removal from accounting of the insurers specified in subitems 2 - 4 Items 1 of this Article, move on paper or in electronic form, signed by the strengthened qualified digital signature.

5. The order of registration and removals from accounting of the insurers specified in subitems 2 - 4 Items 1 of this Article, and also document forms which are used by territorial authorities of the insurer in case of registration and removal from accounting of insurers are established by the federal executive body performing functions on development of state policy and normative legal regulation in the sphere of social insurance.

Article 7. The right to providing on insurance

1. The right insured for providing on insurance arises from the date of loss occurrence.

2. The right to insurance payments in case of death insured as a result of loss occurrence is had:

the disabled persons which were consisting dependent on the dead or having by day of his death the right to content from it;

the child of the dead who was born after his death;

one of parents, spouses (spouse) or other family member irrespective of its working capacity who does not work also is engaged with care of his children consisting dependent on the dead, grandsons, brothers and sisters who did not reach age of 14 years or though reached the specified age, but according to the conclusion of federal institution of medico-social examination (further - organization of medico-social examination) or the medical organization by acknowledged persons in need for health reasons in foreign leaving;

the faces which were consisting dependent on the dead, became disabled within five years from the date of his death.

In case of death insured one of parents, spouses (spouse) or other family member, the unemployed and occupied with care of children, grandsons, brothers and sisters of the dead and become disabled during leaving implementation, keeps the right to insurance payments after the end of care of these persons. The dependence of minor children is supposed and does not require proofs.

3. Insurance payments in case of death of insured are paid:

the minor - before achievement of age by them 18 years;

the student 18 years - before education on full-time courses, but no more than up to 23 years are more senior;

to the women who reached age of 55 years and the men who reached age of 60 years - for life;

to disabled people - for the term of disability;

to one of parents, the spouse (spouse) or other family member, the unemployed and occupied with care of his children who were dependent on the dead, grandsons, brothers and sisters, - before achievement of age of 14 years by them or changes of the state of health.

4. The right to insurance payments in case of death insured as a result of loss occurrence can be granted by a court decision to disabled persons which during lifetime of insured had earnings, in that case when part of earnings insured was to their constants and the main source of means of livelihood.

5. Persons, whose right to indemnification was established according to the legislation of the USSR or the legislation of the Russian Federation on indemnification caused to workers by the mutilation, occupational disease or other damage of health connected with execution of labor obligations by them earlier acquire the right to providing on insurance from the date of entry into force of this Federal Law.

Chapter II. Providing on insurance

Article 8. Providing types on insurance

1. Providing on insurance is performed:

1) in the form of the temporary disability benefit granted in connection with insured event and paid for the account of funds for compulsory social insurance from labor accidents and occupational diseases;

2) in the form of insurance payments:

lump insurance sum payment insured or to persons having the right to such payment in case of his death;

monthly insurance payments insured or to persons having the right to such payments in case of his death;

3) in payment type of the additional expenses connected with medical, social and employment rehabilitation of the insured event insured in the presence of direct consequences on:

medical care (primary health care, specialized, including high-technology, medical care) insured, performed in the territory of the Russian Federation directly after the taken place heavy labor accident before recovery of working capacity or establishment of permanent loss of professional working capacity;

acquisition of medicines for medical application and medical products;

the stranger (special medical and household) leaving for insured, including performed by members of his family;

journey insured and journey of the accompanying his face if maintenance is caused by medical indications, for receipt of medical care directly after the taken place heavy labor accident before recovery of working capacity or establishment of permanent loss of professional working capacity, including medical rehabilitation, for sanatorium treatment in the medical organizations (the sanatorium organizations), receipts of the vehicle, for the order, fitting, obtaining, repair, replacement of artificial limbs, prosthetic and orthopedic products, orthoses, technical means of rehabilitation, and also in the direction of the insurer for carrying out survey (re-examination) by federal institution of medico-social examination and conducting examination of communication of disease with profession by the organization performing such examination;

sanatorium treatment in the medical organizations (the sanatorium organizations), including payment of the medical care performed in the preventive, medical and rehabilitation purposes on the basis of use of natural medical resources including in the conditions of stay in medical and improving areas and in resorts, and also accommodation and food insured, accommodation and food of the accompanying his face if maintenance is caused by medical indications, leave allowance insured (over annually paid leave established by the legislation of the Russian Federation) for the entire period of sanatorium treatment and journey to the place of sanatorium treatment and back;

production and repair of artificial limbs, prosthetic and orthopedic products and orthoses;

ensuring rehabilitation with technical means and their repair;

providing with vehicles in the presence of the corresponding medical indications and lack of contraindications to driving, their routine maintenance and overhaul repairs and payment of expenses on fuels and lubricants;

professional training and receipt of additional professional education.

2. Payment of the additional expenses provided by the subitem 3 of Item 1 of this Article, except for payments of expenses on medical care (primary health care, specialized, including high-technology, medical care) insured directly after the taken place heavy labor accident is made by the insurer if by organization of medico-social examination it is determined that insured needs according to the program of rehabilitation of injured labor accident and occupational disease the specified types of the help, providing or leaving. Conditions, the sizes and payment procedure of such expenses are determined by the Government of the Russian Federation.

To the physical persons condemned to imprisonment and involved in work by the insurer during serving of punishment by them providing on insurance is provided in payment type of the additional expenses connected with delivery of health care (except for to medical rehabilitation) and social resettlement according to paragraphs the second, the third, seventh and eighth the subitem 3 of Item 1 of this Article.

If insured at the same time has the right to free or preferential receipt of the same types of the help, providing or leaving according to this Federal Law and other Federal Laws, regulatory legal acts of the Russian Federation, it is granted option of the corresponding type of the help, providing or leaving with one basis.

3. The harm done to life or health of physical person in case of execution of obligations by it under the civil agreement which subject are performance of works and (or) rendering services, the agreement of the author's order according to which the customer's obligation on payment of insurance premiums to the insurer is not provided is compensated by the causer of harm in accordance with the legislation of the Russian Federation.

Compensation insured the moral harm done in connection with labor accident or occupational disease is performed by the causer of harm.

Article 9. The size of temporary disability benefit in connection with labor accident or occupational disease

1. Temporary disability benefit in connection with labor accident or occupational disease is paid for the entire period of temporary disability insured before his recovery or establishment of permanent loss of professional working capacity in the amount of 100 percent of its average earnings estimated according to the Federal Law of December 29, 2006 No. 255-FZ "About compulsory social insurance on case of temporary disability and in connection with motherhood".

2. The maximum size of temporary disability benefit in connection with labor accident or occupational disease for complete calendar month cannot exceed the quadruple maximum amount of monthly insurance payment established according to Items 12 and 13 of article 12 of this Federal Law.

Warning!!!

This is not a full text of document! Document shown in Demo mode!

If you have active License, please Login, or get License for Full Access.

With Full access you can get: full text of document, original text of document in Russian, attachments (if exist) and see History and Statistics of your work.

Get License for Full Access Now

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

Effectively work with search system

Database include more 40000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system

Get help

If you cannot find the required document, or you do not know where to begin, go to Help section.

In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.

You also may open the section Frequently asked questions. This section provides answers to questions set by users.

Search engine created by SojuzPravoInform LLC. UI/UX design by Intelliants.