Qualification of work capacity. Determination of the degree of disability

The person's ability to work is his ability to perform professional activities in full and in full. Most people devote their time to their work. It begins with the choice of a profession, its study and development. For 30 to 40 years, a person develops his professional skills and sells them in exchange for paying labor. This is considered the work experience.

Types of work

Qualification of work capacity implies the presence of several types:

• General work activity refers to any work under ordinary conditions;
• Professional work implies mastering the specialty and practical application of knowledge in the conditions appropriate to the profession;
• Special working capacity is associated with certain working conditions, more often unfavorable, difficult to fulfill and requiring special skills and training.

Regardless of what kind of activity a person chooses, he has legal protection if partial or total disability occurs.

Causes of incapacity for work

Deprivation of the opportunity to fully perform work may occur in occupational disease or general. Common diseases include health problems that are not related to working conditions or the complexity of the profession. More often than not, this is a person's overall working capacity, when he does not need a long-term mastery of his specialty or any specific skills. The resulting diseases are unprofessional, but, nevertheless, the temporary loss of the opportunity to work is paid by the state or the employer in accordance with labor legislation.

The loss of the professional capacity of people is directly related to the risks of their specialty or acquired due to unfavorable working conditions of any diseases. In this case, not only the "Labor Law" comes into effect, but also the rules of life insurance against accidents at work.

Part-time incapacity for work

Everyone has the right to quality medical care in the event of partial or complete disability. The degree of disability and, accordingly, monetary compensation is determined by the attending physician or commission. The amount of payments depends on either the insured event or it is appointed by legislative means. Partial is the temporary impossibility for a person to fulfill his professional duties. In this connection, the percentage of the degree of loss of working capacity determined by the medical commission is established. It can be 10 - 30% of the previous level of efficiency, when the employee needs other working conditions or a smaller amount of output. Level 40 - 60% is determined when a person can continue working activity only if the volume of work is greatly reduced or skill level is reduced. When an employee can perform work only with a complete change in conditions and not in full, the disability examination determines the level of disability in 70 - 90%.

Payment for partial loss of efficiency

If the illness of an employee is of a general, rather than a professional nature, then the sick leave sheet is drawn up and paid for the entire period of treatment.

Payment for the sick leave is made in accordance with the labor legislation.

In case of temporary incapacity for work, the state or employer partially or completely compensates the employee for lost due to illness.

• So, if the employee's experience is less than 5 years, then he gets 60% of the salary.
• At the experience from 5 to 8 years - 80%.
• When the employee's experience is from 10 years and above, the compensation will be 100% of the average salary.

Special List

According to the legislation, the partial loss of working capacity by persons included in the special list is paid in the amount of 100%, regardless of the length of their work. These include:

• Veterans of war and participants of military operations;
• Employees who are carrying 3 or more minor children;
• Wives or husbands of servicemen (this does not apply to conscripts);
• Women who are granted maternity leave;
• Former orphans and children deprived of parental care.

Partial disability refers to a temporary absence from work due to a common illness.

Total loss of ability to work

If an employee expressly expresses body disorders related directly to his professional activities, and he can not continue working under any conditions, he is 100% disablement.

When such a person is injured at work or becomes disabled in connection with his professional activities, he is entitled to monetary compensation. The qualification of a worker's ability to work is determined in accordance with an insured event or a special commission.

To full loss of ability to work are not only injuries and injuries resulting from an accident, but also occupational diseases that do not allow the employee to continue to work in the future.

Occupational diseases

Diseases that a person received in connection with his professional activities are divided into two types:

• The former have partial or complete reversibility. They are amenable to treatment, and such a loss of professional capacity for work is most often associated with allergic manifestations or the initial stages of bronchitis and intoxication. Sometimes it is enough to change working conditions and undergo treatment to fully recover. For the first group of people there are preventive and curative institutions, where they can get qualified help.

• The second group does not lend itself to complete cure. These include occupational diseases such as pneumoconiosis, hearing loss, severe forms of intoxication. The medical commission determines the degree of damage to the human body and decides on the establishment of a disability group. Often, such diseases are "overgrown" with secondary diseases that develop against the backdrop of chronic manifestations. However, the disability group may change.

Workers of the second group should be given a referral for treatment in specialized clinics.

Disability registration

The issue of assigning a disability group is considered only when a full examination of the worker's ability to work has been carried out. The facts of obtaining the disease in connection with the professional activity or in the workplace are also checked. The medical and labor expert commission considers the issue of disability based on the opinion of the medical commission and the current list of occupational diseases. According to the existing guidelines, in which the qualification of the workers' ability to work is expressed, expressed in percentage, the degree of its loss is established.

The first and second groups of disability are awarded in case of getting intoxication or damage during an accident. Also in this group can be found workers who have occupational diseases passed into a phase of irreversible or intractable.

In the event that a person has, along with production, also other diseases, then their aggravation due to the impact of the "working" disease on them also falls into the category of professional illness and can be considered as a basis for obtaining a disability.

To accurately determine the degree of ability to work, the expert must be a highly qualified specialist.

Compensation for damage to health

In accordance with the physical or mental harm suffered by the employee during his labor activity, he is assigned financial compensation in the amount provided by labor legislation.

At present, it is customary for employees to conclude life insurance contracts in the event of disability. If the employee is partially incapacitated, then he is paid a salary, compensation for medicines and maintenance in the hospital, a one-time payment from the Social Insurance Fund.

If a certain qualification of working capacity is established as a result of severe injuries, the employee is paid monthly allowances, provided appropriate medical care and provides the opportunity to restore the sanatorium.

Disability benefits and benefits

In the event that an employee has received a disability for occupational disease or due to an industrial trauma and has lost the ability to work in full, he is transferred to easy work or a shorter day with compensation for wages. This applies to those who have 1 and 2 disability groups.

The third group is awarded at full loss of ability to work, when the employee can no longer perform his duties or be re-qualified due to an industrial disease or trauma.

The transition from one group of disabilities to another is carried out on the basis of medical examination.

The decision on the amount of sick pay, reimbursement for medicines and treatment in the hospital is made by the Social Insurance Fund, based on data provided by a forensic expert. According to the examination and determination of the degree of physical and moral damage of the victim, in the absence of his fault, the amount of compensation is prescribed, as well as possible solutions for the rehabilitation of the patient. This concerns measures such as the definition of a victim in a specialized clinic, the preparation of a voucher for a sanatorium, and the payment of counseling by a psychologist.

Payment through court

If the employee received a disability in connection with his work in production, then he has the right to monetary compensation for health and compensation for moral damage.

The question of the amount of compensation is decided according to the conclusion given by a forensic expert. He checks the degree of mental disorder of the victim in connection with the incident and assesses the moral damage caused to him. Also, you can apply to it if the employee does not agree with the disability group that VTEK assigned him.

In this case, the employee sues the employer or the insurance company. You can only win it if you receive expert conclusions about the disparity between the assigned disability group or the amount of compensation for the mental and physical state in which the injured party is located.

Re-examination of an employee who has lost his capacity for work

There are terms for re-examining the health status of workers who have lost their ability to work. This is done due to the fact that the disease can progress, and the deterioration in the physical health of the victim requires a different level of disability or compensation payments.

Re-examination takes place 6 months, a year or two after the first diagnosis. Usually this procedure takes place once a year. This does not apply to those workers whose illness is considered irreversible or whose trauma does not allow them to continue working. Such people are given a disability with lifetime pension payments.

It is possible to undergo an early reassessment if the patient's condition has deteriorated sharply, which is confirmed by the medical commission. In this case, the Bureau of Medical and Social Expertise conducts a check and makes a decision based on new results.

Also, the employee has the right to apply for an early check of his condition. In addition to an employee, the insurance company or employer may apply for re-examination if inconsistencies in the documents or their forgery were found.