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Accidents insurance of workers

Accidents insurance of workers

Accidents insurance is type of personal insurance. It is intended for compensation of the damage caused by loss of health or death of insured. It can be performed in group (for example, insurance of employees of the entity) and individual forms, and also in forms of voluntary and compulsory insurance (for example, passengers, the military personnel and other categories of citizens).

Accidents insurance is constructed on the same principles on which the mixed life insurance is constructed. The most important of them – restriction of insurance cover with the stipulated consequences of the accident which has happened with insured during insurance. Such restriction provides availability of insurance rates and promotes broad development of accidents insurance as direct addition of social insurance.

The basis of insurance contracts from accidents is constituted by short-term types. The insurance cover of the insurer according to insurance contracts from accidents includes consequences to which leads accident. In this case it means not in general any accident, in narrow-minded sense of the word, but only so-called “insurance accident”, that is such event which is considered by terms of the contract. On occupational accidents insurance, the accidents which have happened only during or connected only with performance of professional activity will be insurance.

Compulsory insurance from cases of loss of professional capacity to act owing to occupational diseases and occupational accidents – is provided for issue of insurance payments in connection with death and loss of professional capacity to act of insured persons owing to the damage caused to their life and health in case of loss of professional capacity to act owing to occupational diseases and occupational accidents.

The persons obliged to sign the agreement of compulsory insurance of cases of loss of professional capacity to act owing to occupational diseases and occupational accidents:

The obligation according to the conclusion of the agreement of compulsory insurance from cases of loss of professional capacity to act owing to occupational diseases and occupational accidents is born by the following persons:

  1. organizations, managements and the organizations, their branches and representations with the status of the legal entity created according to the legislation of the Azerbaijan Republic or a foreign state, irrespective of property and a form of business, acting in the Azerbaijan Republic;
  2. sate bodies;
  3. the physical persons which are engaged in business activity without creation of the legal entity;
  4. electoral bodies;
  5. the physical persons which are engaged in a business and labor activity individually.

Persons who shall be surely insured against cases of loss of professional capacity to act owing to occupational diseases and occupational accidents:

The following persons shall be surely insured against cases of loss of professional capacity to act owing to occupational diseases and occupational accidents:

  1. The persons which are carrying out labor functions based on the employment contract or the civil agreement signed with the legal entity or physical person which is engaged in business activity without creation of the legal entity.
  2. employees at electoral paid positions,
  3. the students and pupils passing work practice (training);
  4. the military personnel involved to work at the enterprise;
  5. the persons involved in performance of work on prevention of natural disasters and elimination of their consequences and also to performance of work in military regime and in an emergency rule;
  6. the physical persons which are engaged in a business and labor activity individually.

The foreigners and persons without citizenship (except for the foreigners who are not involved in compulsory national social insurance according to the law of the Azerbaijan Republic “About social insurance”) who are engaged in a labor activity in the Azerbaijan Republic according to the Labor Code of the Azerbaijan Republic also shall have compulsory insurance from cases of loss of professional capacity to act owing to occupational diseases and occupational accidents.

The insurance payment from cases of loss of professional capacity to act owing to occupational diseases and occupational accidents is determined by the agreement of compulsory insurance based on work of the one-year salary fund calculated in the order determined by relevant organ of the executive authority of the persons obliged to sign in own favor the agreement of compulsory insurance, and an insurance rate.

The insurance rates differentiated depending on degree of professional risk and categories of insured persons are determined in the following way:

  1. For employees – 0,2-0,5%
  2. For workers – 0,4-2,0%

The insurance payment is paid by the insurer to the insured person in parts or once in the order provided in the agreement of compulsory insurance at the beginning of contractual year.

Insurance payments under the agreement of compulsory insurance from cases of loss of professional capacity to act owing to occupational diseases and occupational accidents are performed in the following cases:

  1. death owing to a professional illness or an occupational accident;
  2. loss of professional working capacity owing to a professional illness or an occupational accident.

 

Within 10 working days (in case of death of the insured person – within 2 working days) from the date of presentation of an insurance claim and the relevant documents for receipt of an insurance payment the insurer makes the decision on issue or a lack of distribution of an insurance payment and gives official information to the person receiving an insurance benefit.

Bases for refusal of insurance payment:

  1. in case of the conclusion about the actions of the insured person which are specially directed to incidents of an insured event;
  2. in case of incident of an insured event owing to stay of the insured person in an intoxicated condition under the influence of alcoholic beverages, drugs and psychotropic and other hazardous substances in case of execution of labor functions;
  3. in case of availability of other general bases for refusal of an insurance payment according to article 935 of the Civil Code of the Republic of Azerbaijan and article 21 of the Law of the Republic of Azerbaijan “About compulsory insurance”.