Accident at Work as the Basis for Compensation for Moral Damage to the Affected Employee
(Pages 2760-2765)Olha Panchenko1,* and Iuliia Panimash2
1Candidate of Legal Sciences, Senior Researcher, Senior Researcher of the Scientific and Legal Expertise and Legislative Works Department of the Scientific Institute of Public Law, 2-A Heorhii Kyrpa str., Kyiv, 03055, Ukraine.
2Candidate of Pedagogical Sciences, Associate Professor of the Administration Department in the field of civil protection of the Faculty of Civil Protection of Cherkasy Institute of Fire Safety named after Chornobyl Heroes of the National University of Civil Defense of Ukraine, 8 Onoprienko str., Kyiv, 18000, Ukraine.
DOI: https://doi.org/10.55365/1923.x2023.21.299
Abstract:
The article examines the institution of an accident at work as the basis for compensation for moral damage to the injured employee. Approaches to the definition of this concept both in international and national legal acts are considered, on the ground of which the author's view on this term is proposed. The procedure for notification of an accident by the employer to the State Labor Service of Ukraine and the procedure for its investigation by the special commission are studied. It is established that compensation for moral damage to an employee is possible in the presence of certain conditions provided for by law, which are general for the onset of liability in all cases of infliction of moral damage, including the one resulting from an accident at work. It is emphasized that all these circumstances must be properly proven, which is also confirmed by the materials of the relevant court practice, which is researched in the process of preparing the article.
Keywords:
Accident at work, compensation, investigation, liability, labor protection, moral damage, suitable working conditions, violation of labor rights.
JEL Classification:
J28; K31.
How to Cite:
Olha Panchenko and Iuliia Panimash. Accident at Work as the Basis for Compensation for Moral Damage to the Affected Employee. [ref]: vol.21.2023. available at: https://refpress.org/ref-vol21-a299/
Licensee REF Press This is an open access article licensed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted, non-commercial use, distribution and reproduction in any medium, provided the work is properly cited.