of December 19, 2003 No. 18
About court practice on disputes on indemnification, the worker caused to life and health in connection with execution of labor obligations by it
Having discussed materials of the generalization of court practice on cases on indemnification caused to life and health of the worker in connection with execution of labor obligations by it for the purpose of ensuring the correct and uniform application of the legislation, according to article 17 of the Law of the Republic of Uzbekistan "About courts", the Plenum of the Supreme Court of the Republic of Uzbekistan decides:
1. By consideration of disputes on indemnification, the worker caused to life and health in connection with execution of the labor obligations by it, courts shall be guided Civil, Labour and Civil procedural by codes of the Republic of Uzbekistan, "Rules of compensation by the employer of the harm done to workers by the mutilation, occupational disease or other damage of health connected with execution of labor obligations by them" approved by the resolution of the Cabinet of Ministers of the Republic of Uzbekistan of February 11, 2005 N 60 (further - Rules), the "Regulations on investigation and accounting of accidents and other damages of health of the worker on production" approved by the resolution of the Cabinet of Ministers of June 6, 1997 No. 286, the "Regulations on the off-budget Pension fund under the Ministry of Finance of the Republic of Uzbekistan" approved by the resolution of the Cabinet of Ministers of the Republic of Uzbekistan of February 19, 2010 No. 30.
2. Courts consider cases on disputes:
a) about indemnification, the worker caused to health the employer;
b) about compensation of additional expenses and payment by the employer to the injured worker of lump-sum allowance in connection with damage of health;
c) about indemnification and payment of lump-sum allowance in connection with the death of the supporter;
d) about change of the size of the awarded amounts of indemnification and the group of people having the right to indemnification in connection with the death of the supporter;
e) about recalculation of the amount of indemnification under the terms and to regulations of Rules;
e) about increase in the amount of indemnification in connection with increase in the established basic size of calculation of pension;
g) about indemnification, caused to health, for the period temporary disability if temporary disability benefit to the victim is not subject to payment or not completely compensates harm from loss of earnings;
h) about award or recalculation of the compensation amounts of harm which are subject to payment after repeated medical examination (disability establishment);
i) about compensation of moral harm;
j) to other disputes connected with compensation to the worker of the harm done to health and also with indemnification to members of the family of the worker in connection with the death of the supporter.
3. According to Art. 197 of the Labor code of the Republic of Uzbekistan the application for indemnification is submitted to the employer by the injured worker, and in case of the death of the worker - the interested persons having the right to compensation.
In case of disagreement of the worker or interested persons with the decision of the employer or non receipt of the answer at the scheduled time they can take a legal action behind permission of this dispute.
The action for declaration about award of the amounts of indemnification, caused to health, for new term after medical re-examination is accepted by court in the same procedure, as well as primary statement.
4. Explain to courts that according to Articles 33, 34 GPK compensatory actions, caused by mutilation or other damage of health or the death of the supporter, at the choice of the claimant can be shown to court around which activities the defendant has the permanent residence or regular occupation, or to court at the place of residence of the claimant.
5. Claimants according to compensatory actions, caused by mutilation or other damage of health, and also in connection with the death of the supporter are exempted from payment of court costs. In case of satisfaction of the claim court costs are collected from the defendant in the procedure established by the legislation.
6. Courts should mean that according to Art. 163 of Civil Code of the Republic of Uzbekistan on requirements about indemnification caused to the worker in connection with execution of labor obligations by it or in connection with the death of the supporter, limitation period does not extend.
Proceeding from the above refusal in acceptance of the action for declaration, and it is equal refusal in satisfaction of the requirement about indemnification for the reasons of the omission of term of limitation period it is not admissible.
Requirements imposed after three years after loss by the victim of professional working capacity in connection with labor mutilation or after the death of the supporter, are satisfied no more than in three years preceding presentation of the claim.
In case of determination of the amounts of indemnification courts shall be guided by item 50 of the Rules providing payment of the amounts of indemnification:
a) the victim - from that day when they owing to labor mutilation lost fully or partially professional working capacity;
b) to the citizens having the right to indemnification in connection with the death of the supporter - from the date of the death of the supporter, but not earlier than day of acquisition of right to indemnification.
7. Draw the attention of courts to need of determination and reclamation by preparation of cases for legal proceedings depending on the declared requirement of the proofs necessary for the dispute resolution. In particular, act of labor accident; sentence, judgment, resolution of prosecutor's office, body of inquiry or pretrial investigation; the conclusions of the technical inspector of work or other officials (bodies) exercising control and supervision of condition of labor protection and compliance with law about work; about the reasons of damage of health; the medical certificate about occupational disease; decisions on imposing of administrative or authority punishment on perpetrators; resolutions of trade-union committee, the decision of district (city) state tax authorities on compensation by the employer to the budget of the national social insurance of expenses on payment to the worker of temporary disability benefit in connection with labor mutilation, and also other proofs important for the correct permission of case.
The conclusion of trade-union committee or other representative employees of representative body about degree of contributory guilt is one of proofs which according to Article 80 GPK are subject to assessment in total with all proofs on case.
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