Пособие при несчастном случае на производстве
The employer is obliged to insure employees against accidents at work. There is treaty annuity insurance. Insured event is an accident, that happened with the employee in the performance of duties, as a result of harmful or hazardous production factor. It entails work injury, sudden health deterioration or poisoning of worker, which makes necessary to establish degree of occupational disability, disease or death.
The rate of average monthly earnings for the calculation of reimbursable lost income is calculated by rules of Civil Code. It means that amount to be reimbursed for lost income is defined as a percentage of average monthly earnings before injury or disability. Average monthly earnings for this purpose does not exceed ten-fold the minimum wage. It is necessary to subtract disability social benefits of the State Social Insurance Fund for calculating insurance payment against accidents at work.
There are monthly insurance payments from the insurance company in case of disability of less than one year. Also there are annuity payments by the insurance company in case of loss of ability to work for one year or more. In this case, the procedure for calculating the annuity payments is determined by the legal act of the National Bank of the Republic of Kazakhstan.
Social benefits in case of disablement is assigned for the whole period of disability. In case of change of disability degree, social benefit is paid in the amount corresponding to the newly degree of disability. Monthly payment is calculated by the complex formula, including monthly average income, minimum wage and income replacement rates, disability and years of participation.
The work injury benefits are mainly an employer’s liability (through a private carrier) and state provision (social assistance system). Employer has to pay total cost of annual insurance premiums to the insurance firm or provide benefits directly to the insured workers. The State social assistance system is available in the event of permanent disability and survivors’ benefits (in the case of worker’s death).
In the event of temporary disability, 100% of the average earnings is paid from the first day of disability until recovery or award of permanent disability pension. A flat rate monthly benefit is paid by the state social assistance system according to the assessed degree and prescribed category of disability. Collective agreements may provide for lump sum grants by the employer for different disability groups. The social assistance system also provides for a flat rate monthly allowance according to the family size and whether any family members have a disability. There is also provision for funeral benefit if death was a result of work injury or an occupational disease.
Sources: §23, 133 of the Labour Code; §1, 11, 19 and 23 of the Law of the Republic of Kazakhstan ‘About compulsory insurance of employee against accidents while performing of labor (official) duties’ 07.02.2005 № 30-III; §938 of the Civil Code of the Republic of Kazakhstan (special part); §21 of the Law of the Republic of Kazakhstan ‘About compulsory social insurance’ 25.04.2003 № 405-II; Resolution of Board of Agency of the Republic of Kazakhstan on Regulation and Supervision of Financial Market and Financial Organizations 01.03.2010 № 28; Resolutions of the Government of the Republic of Kazakhstan 28.12.2015 № 1103; Order of the Minister of Health and Social Development of the Republic of Kazakhstan 30.11.2015 № 907