According to the norms of domestic legislation, a strict list of persons who are subject to mandatory insurance were determined. Police officers who carry the service in Russia and abroad, submitting to the Government of the Russian Federation. Depending on the circumstances of the work, the consequences of damage caused, other features of the service and will be recorded insurance payments to employees of the Ministry of Internal Affairs in 2020.
Legislative regulation of the issue
The main document that is used to regulate this issue is the federal law of March 28, 1998 N 52-FZ "On compulsory state insurance of life and health of military personnel, citizens designed for military fees, individuals of the ordinary and superior composition of the internal affairs bodies of the Russian Federation , State fire service, employees of institutions and bodies of the penitentiary system and employees of the federal bodies of the tax police. " The bill records on what grounds, and in what order are insurance payments on injuries to employees of the Ministry of Internal Affairs are compensated. Considering that the law was adopted for a long time, he had undergone a number of significant changes that act today.
According to the specified document, all police officers and the military are included in the risk group. That is, due to the peculiarities of labor, injury, injury and even death are possible. Therefore, the ministry decided to force employees to compulsory health and life.
Also, the regulation of this issue is engaged in pension legislation, and.
In which cases, the employee of the Ministry of Internal Affairs are insured payments
There are several grounds for using insurance payments to the Ministry of Internal Affairs upon receipt of injury. Such circumstances are called insured events and are subject to mandatory payment. The main one includes:
- police injury when serving the service (during the period when the worker was attracted to work);
- contusion or injury, as well as obtaining other damage, whose severity is not more than average;
- depends on the degree of injection;
- the insured person died due to injury gained during operation.
Attention! If the death of a person or assigning the status of a disabled person throughout the year after the dismissal of a citizen from the internal affairs bodies, that is, the chance to obtain insurance payments in the Ministry of Internal Affairs.
List of injuries to pay insurance to police officers
Federal Law of March 28, 1998 N 52-FZ "On compulsory state insurance of the life and health of military personnel, citizens designed for military fees, individuals of the ordinary and superior composition of the internal affairs bodies of the Russian Federation, State Fire Service, employees of institutions and criminal institutions The executive system and employees of the federal tax police officers "records a list of injuries to pay insurance to police officers. Provide two categories of diseases that entail payments to the victim. Namely:
- Disorders that were obtained as a result of the insured event and are its integral consequences (wounds, injury to any gravity).
- The consequences that have come as a result of damage gained (dismissal from service, loss of disability, disability, death).
Procedure for obtaining insurance payments
In order to receive money, the victim should follow a strictly outlined procedure. Namely:
- fixation of the occurrence of the insured event;
- preparation of a police officer's report regarding the circumstances of the misconduct;
- direction of the statement by the insurer to accrual monetary compensation;
- submitting related evidence by the insurance agent;
- deciding with a notice of the parties about him.
The size of insurance payments in case of injury employee of the Ministry of Internal Affairs
The amount of insurance payments to police officers depends on the severity of harm to health, as well as on the effects of damage. Which is characteristic, the service life in the Ministry of Internal Affairs, as well as the title and rank not affect the amount of monetary compensation for insurance.
Table "The nature of damage and the procedure for carrying out material payments"
If throughout the year, after the occurrence of the insured event, the consequences for the victim were aggravated, then the insurance company under the contract will have to pay an additional amount.
Employees of the Ministry of Internal Affairs at the injury in 2020 are compensated by the victim himself. But in the case of the death of the insured person, funds are transferred to the loved ones. The recipients include:
- spouses;
- parents;
- grandmothers and grandfathers;
- juvenile children;
- disabled children.
Documents required for insurance company
Payment of payments is impossible without providing a list of such documents:
- the petition of the victim;
- management report;
- conclusion of the medical commission regarding the obtained disease.
If the money is paid to relatives of the deceased employee, the list of mandatory documents should also include references confirming the relationship with the dead.
When an insurance company is not paying compensation
In addition, there are a number of grounds in which on the insurance of the Ministry of Internal Affairs for injury the amount of payments is equal to the absolute zero. These cases include:
- damage to the health of a policeman is intentionally by the employee himself;
- during the incident, the affected employee was in a state of narcotic or alcoholic intoxication;
- the damage to the victim was inflicted by His illegal acts.
According to the requirements of the legislation, the refusal decision must be issued in writing. Notification Be sure to maximize 15 days is transferred to all interested participants in the process. If the victim does not agree with the decision taken regarding him, that is, all the grounds for filing a claim for a court insurer.
Brought to the police a certificate that the brain shake was obtained in the scrawing. What kind of injury threatens?
Answer
Hello, Natalia.
Evaluation of the severity of harm caused by human health is carried out on the basis of the deadlines in which recovery occurs. In accordance with paragraphs 7-9 of the Order of the Ministry of Health and Social Development of the Russian Federation of 24.04.2008 N 194n (ed. Of January 18, 2012) "On approval of medical criteria for determining the severity of harm caused by human health" (registered in the Ministry of Justice of the Russian Federation, 08/13/2008 N 12118) Medium gravity of harm to health belongs, in particular, temporary disability of longer than three weeks. There is a temporary disability of adequately to twenty-one days inclusive. Surface damage, for example: abrasions, bruises, bruises of soft tissues, surface wounds and other damage, not entailing a short-term disorder of health, are regarded as damage not caused by human health. When concussing the brain, no more than 21 days is continuing, so this harm refers to easy harm to health. For the intentional causing of easy harm to health, criminal liability is provided for part 1 of article 115 of the Criminal Code of the Russian Federation with a penalty of a fine of up to forty thousand rubles, or compulsory work for up to 480 hours or correctional work for a period of up to one year or arrest term up to 4 months. However, depending on the circumstances, another qualifications may be given, for example, the deposits or causing easy harm to health from hooligan motivations.
A resident of Novosibirsk, together with his wife, fell into an accident. They were recognized by victims. The wife was injured, so for the reimbursement of damage to the car owner addressed the insurance company of the culprit of an accident. However, the insurer refused to pay money. The victim received only a bruise, which is not considered harm to health, he argued. The first instance and appeal agreed with this, but otherwise Sun decided.
At the end of December 2014, Andrei Dubin * in his Honda car ran into Suzuki, which was driving Inna Murina *. The latter and recognized the culprit of the accident. As a result of an accident, a duby wife, who was sitting on the passenger seat, received a concussion of the brain and his jaw injury. This was recorded in medical documents ( approx. ed.- She appealed to the hospital immediately after what happened). However, later, the forenswhelspert discovered only a bruise in a bang - the diagnosis of the "concussion" was not confirmed. The car of spouses was damaged in the amount of 402,000 rubles.
In the spring of 2015, Dubin filed an application for the payment of compensation in the "reso-guarantee", where the civil liability of the convicts of the accident was insured. According to the law, the victim cannot ask his insurance company about the direct compensation of damage if the harm is caused not only to the vehicle, but also the health of the passenger (Art. 14.1 FZ "On compulsory insurance of the responsibility of vehicle owners"). However, paying the money "reso-guarantee" refused: in the Documents from the traffic police there is no information about the passenger injuries in this accident, the insurance company motivated.
Harm or not?
Dubin addressed B. Leninsky District Court of Novosibirsk . He demanded to recover from the "reso-guarantee" insurance compensation, a penalty for refusing to voluntarily pay money and compensation for moral damage (case No. 2-4188 / 2015 ~ M-2812/2015). The insurer, in turn, with reference to the conclusion of Jewelsecperspert, stated that the injury of a club could not be qualified as harm to health. And judge Lyudmila Vetoshkinacame to a similar conclusion, refusing to the Cubin in a lawsuit.
The assertion of injury is refuted by the medical conclusion, which denies the concussion of the brain from the victim, indicated the judge. The bruise is formally not considered harm to health, I decided to make MedExpert. In addition, attention is drawn in the court decision, the dasina itself is not as an insurance refund, or the claims did not appeal to the defendant. The appeal left such a solution unchanged.
The case came to Supreme Court which did not agree with this approach. Sun explained that the Novosibirsk courts did not take into account the provisions "rules for calculating the amount of insurance compensation in causing harm to the health of the victim." The document approved by the Government Decree of November 15, 2012 No. 1164 and clarifies that "Ears, breaks and other damage to soft tissues are attributed to the harm to the health of the victim and are subject to reimbursement of the insurer of the injury (p. 43).As a result, "Troika" chaired Vyacheslav Gorshkova Acts of lowering instances canceled and sent a case to a new consideration back to Novosibirsk Regional Court (approx. ed.- At the moment, the dispute is not yet considered).
Expert opinion "Right.ru": "Insurers incorrectly divide on" their "and" strangers "
According to lawyer Evgeny ZabugiThis business clearly demonstrates that the lower instances ignore the literal content of the norms of the law on CTP: "Art. 14.1 of this law" On the direct compensation of losses "would seem to not cause any difficulties in application." Relationships on the CTP, as a rule, are consumer and limit the access of the victim to the insurer is a violation of the meaning of such interactions, the lawyer adds a lawyer: "Insurance companies are professional and equal participants in the multi-million market market, therefore, from the point of view of consumer protection, to share these firms on" His "and" Aliens "in the root is incorrect to the affected side."
Alexey Tokarev, lawyer, managing partner AB Trust,it notes that the following aspect complicated the controversial situation - the victim did not have a loss of health, that is, he could work and lead the former lifestyle, but at the same time she spent money for the diagnosis and treatment of the bruise. In the practice of ships, such cases were exceptional, emphasizes the lawyer: "The specified case is indicative for victims and courts, because previously judicial authorities satisfied such claims, only if the victim had lost disability from damage."
* - the names and surnames of the participants in the process are changed by the editors
