The procedure for compensation for harm caused to a citizen’s health

It is better to entrust compensation for harm caused to a citizen’s health to a professional. Sometimes fellow citizens cause injuries and harm our health. You want to take full revenge on the offender, but it is better to do this with the help of the judicial system. Russian legislation provides for a number of measures to compensate the perpetrator for damage to health.

Our lawyer in such civil cases will help you both in drawing up a claim and will represent your interests until the full execution of the court decision.

Procedure for compensation for damage caused to health

Compensation for harm caused to health is a fairly common category of cases in Russia. So, if a person has been harmed, then compensation is required from the person through whose fault this harm was caused.

Situations in which harm was caused to health are very different:

health damage caused at work;
harm to health received by the employee in connection with the performance of his official duties;
harm caused to health as a result of an accident;
harm to health caused by a crime;
harm to health caused by poor-quality services.

You can imagine the entire procedure for obtaining a positive result in the form of step-by-step instructions for your actions:

Claim and negotiations . The procedure for compensation for personal injury in some cases requires a mandatory pre-trial claim. Thus, harm to health caused by poor-quality medical services, or, for example, as a result of an accident (if the culprit’s insurance company must pay for it) requires a pre-trial claim. The benefit of the complaint is that based on the answer, you can prepare for the opponent’s position, understand what objections require evidence and additional arguments.
Lawsuit . After completing all pre-trial procedures, you can prepare a statement of claim and submit it to the court.
Court hearings . Where the amount of harm is established, the cost of treatment: medicines, doctor’s services, purchase of necessary orthopedic products, rehabilitation of the victim, etc. In addition, the person responsible for the incident and the cause-and-effect relationship between the guilty actions and the resulting consequence must be clarified.
Ordering and receiving a writ of execution . After the decision is made, you need to obtain a writ of execution and begin to receive compensation from the perpetrator after presenting it to the bailiff service.
Enforcement proceedings . Searching for the debtor’s funds, his property, accounts, as well as challenging transactions for the withdrawal of property, if this was hidden from the claimant, and other actions within the framework of the execution of a court decision. It is worth noting that damage to health will be compensated by the culprit in any case, since the debt under such a judicial act cannot be written off as part of the bankruptcy procedure.

Also, in certain cases, a different procedure for compensation for harm is required: if the harm was caused as a result of a crime or offense, then you first need to obtain a court verdict that has entered into force or a decision on bringing to administrative responsibility - these are the judicial acts that will be the basis for bringing the culprit to justice. You can file a civil claim within the framework of a criminal trial, but in any case, the outcome will be adopted simultaneously with the verdict in the case.

Claim for compensation for damage caused to health

So, if pre-trial work has been carried out, or it is not required, it is necessary to draw up a statement of claim for compensation for damage caused to health. It is drawn up in writing. The head of the statement of claim consists of the name of the court to which it is filed, the plaintiff (indicating his data), the defendant (also indicating all data) and, if any, third parties.

The statement of claim must describe in detail all the circumstances of the case. So, you need to indicate where, when, under what circumstances and what specific harm to health was caused. Next, you should indicate how the injury is confirmed: in any case, there must be some medical documents confirming the nature of such injuries. Next will be the legal basis for the plaintiff’s claims.
At the end of the statement of claim there is a pleading part, where the plaintiff describes his demands as specifically as possible.
After the requirements there is a list of applications. It may be different, but it must include a statement of claim with attachments for all participants in the trial, and a receipt for payment of the state duty (if any). Next, a date and signature are added - the entire statement of claim is ready.

Compensation for injury caused to health at work

In our country, as in many developed countries, there are various industries: factories, mines, workshops, garages and others. If a person’s health is harmed at work, it is subject to compensation.

The important nuance here is only one thing: at the time of receiving harm, a person must be at this production site legally.

Damage, if caused at work, is compensated by the person conducting activities at the industrial site: the owner does not always carry out production on his premises; it happens that tenants carry out activities there.

In the case of compensation for damage at work, pre-trial dispute resolution is not mandatory. It is important to establish exactly what harm was caused and, if possible, no matter how cynical it may sound, to evaluate this harm. Or, after undergoing rehabilitation and treatment, file a claim demanding reimbursement of treatment costs.

Compensation for harm caused by the employer to the health of the employee

Almost the entire working-age population is hired workers. It must be remembered that during the performance of official duties the employer is responsible for the health of the employee. The only important thing here is that the employee was performing work duties at the time of the injury and it was not his faulty actions that entailed consequences in the form of harm to health: if a production worker, while intoxicated, climbs into any work unit and his fingers are cut off in the process, then the employer will not be held liable.

It is also worth remembering that if an employee is injured on a business trip, damages can also be recovered from the employer. Here you need to understand that the injury must have a cause-and-effect relationship with the business trip.

Compensation for damage to health caused by an accident

A separate and one of the most frequently encountered categories of disputes in the practice of lawyers. There is a peculiarity here: in case of an accident, in any case, the driver of the vehicle must compensate for the damage - after all, he is a source of increased danger.

This category of disputes includes two others:

The first is the recovery of damage to health from the insurance company of the person responsible for the accident . The peculiarity of this subcategory is that there must be a person found guilty of an accident (guilt is established by a court verdict or a decision on holding liable for an administrative offense that has entered into legal force) and the liability of such a person must be insured in accordance with the law on compulsory motor liability insurance .

The second subgroup of disputes is related to cases where there was no fault in the driver’s actions . In this case, a statement of claim is filed and the court determines the amount of compensation to be recovered from the car owner. The peculiarity of this category of disputes is that once behind the wheel, in fact, the driver is already found guilty, since he is driving a vehicle of increased danger, which he must be aware of.

There are also disputes where compensation is required for damage caused to health by the carrier. Recently, such courts have been gaining momentum. This is due, first of all, to the growing popularity of public transport among city residents. Here, as an example, I would like to cite a situation in which a passenger has the right to compensation for harm caused: if a person is riding on a bus and, due to sudden braking, falls and gets a fracture, then he has the right to compensation.

Compensation for damage caused by a crime

A separate category of disputes. The peculiarity of this category is that the guilty person has already been identified and there is no need to prove that the harm was caused by this particular person and precisely by his guilty actions - there is a court verdict that has entered into legal force.

Here, everything entirely depends on the court: it is not always possible to assess the harm caused to health pre-trial during a peaceful settlement of the conflict. Therefore, it is the court that decides what amount of compensation for damage to health is commensurate with the circumstances and the severity of the injuries received as a result of the crime.

Compensation for damage caused to health due to poor quality services

It also happens that harm to health is caused in medical organizations to which a citizen turns for paid qualified help - for example, for some kind of cosmetology services.

In such cases, the law on consumer protection comes into force. In this category of disputes, it is worth highlighting the pre-trial claim procedure. Also, in this category of disputes, the plaintiff is always exempt from paying state fees, and the legislator gives the right to choose jurisdiction to the plaintiff.

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Can I get compensation?

You can receive compensation provided that the court recognizes the guilty actions that led the victim to moderate damage to health as the cause of moral damage. That is, in order to receive compensation, the victim will need to prove:

that moral suffering was actually experienced;
that they were caused by the criminal or negligent actions of the perpetrator.

In this case, the presumption of guilt comes into force, which consists in condemning the criminal actions of the attacker and finding him guilty, on the basis of which the plaintiff’s civil claims for moral compensation are satisfied as their fact is recognized by the court.

When a crime is committed, this is a conviction under Article 112 of the Criminal Code of the Russian Federation. Or - for other intentional actions that led to the infliction of moderate damage to health. In everyday situations, legal consequences may arise if the accident was the result of the negligence of those responsible. List of domestic cases involving the negligence of other people:

Art. 162 of the Criminal Code of the Russian Federation and 1084 of the Civil Code of the Russian Federation - in case of a broken arm;
Art. 1064 of the Civil Code of the Russian Federation - when bitten by a dog or other animal;
Art. 1079 of the Civil Code of the Russian Federation - in case of road accidents and other industrial injuries;
Art. 1064 of the Civil Code of the Russian Federation - due to a fall into an open hatch due to the fault of the housing and communal services.

Here, the main factor in recognizing a claim for moral compensation will be the recognition of the negligent or intentionally guilty action of the defendant.

Moral compensation for personal injury is compensated regardless of compensation for material damage and its amount is determined as a separate amount.

Features of compensation for harm caused to life and health

In accordance with the degree of damage, two classes of compensation for harm caused to the health of a citizen :

damage to the human body that affects integrity, capacity and health;
moral damage caused to the mental state of a citizen (collection of moral damage by exile).

Let us consider in more detail the cases when compensation arises for damage to health. Damage to the victim’s body can be caused intentionally or accidentally. Civil rights are protected by:

recognition of human rights;
material compensation for harm caused to the health of a citizen;
suppression or changes in legal relations;
and other ways.

The injured person has the right to demand compensation from the offender for damages within the limits of the legislation of the Russian Federation. There are discrepancies here, so it is better to entrust a claim for compensation for personal injury to an experienced lawyer. It should be noted that the court makes a decision taking into account all the circumstances of the case, the damage caused, the form of damage, the degree of harm to health, and the property status of the offender. Methods for making compensation for damage caused by damage to health are determined during the trial.

Definition of crime

First of all, it is necessary to determine what is called beatings and how they are characterized. Battery is recognized as repeated blows with the aim of causing physical pain to the victim and harm to his health, and sometimes life.

Battery also includes actions committed against one person with a frequency not exceeding twice a year. If torture occurs on a systematic basis, then this is a completely different article of the Criminal Code of the Russian Federation. In Russian legislation, beatings are regulated by Article 116 of the Criminal Code of the Russian Federation.

However, with a high degree of damage and aggravating circumstances, the punishment may be harsher and considered under another article. There are several types of beatings, and they vary in severity.

When minor bodily injury is caused to a citizen who has used physical force, Article 115 of the Criminal Code of the Russian Federation may be charged, according to which the law provides for a fine in an amount not exceeding forty thousand rubles or correctional labor for up to one year, and sometimes arrest for up to four months.

If the injured citizen was seriously injured, then the actions of the offenders fall under Article 111 of the Criminal Code of the Russian Federation, which provides for a longer term of imprisonment compared to other articles. This period in some cases can reach eight years.

Lawyer for compensation for personal injury in Yekaterinburg

The law of the Russian Federation provides for compensation for harm to human life and health in full. This means that the victim can recover not only the amount of damage, but also lost profits due to total or temporary disability. You will not be able to recover damages if they were caused in legitimate self-defense. Cases involving harm during work at an enterprise most often end in favor of the employee due to violations of labor protection rules for subordinates at work. Also read about compensation for personal injury in case of an accident at the link.

Unfortunately, in judicial practice, the perpetrator is not always punished due to discrepancies in the articles of the law. Only a lawyer with extensive experience in this field can help you figure this out. Cases regarding compensation for personal injury end in a very ambiguous manner, thanks to the skillful control of the situation by a highly qualified lawyer. Before going to court, consult with us where to start and how to prove the circumstances on which your claim for compensation for damage to your health will be based.

What is civil law

Moral harm is an institution that was introduced and still exists in civil law. In this case, it is impossible to consider the features of the category without understanding the key provisions of its title industry. Thus, civil law is a set of legal norms that regulate property and non-property relations that arise on an equal basis between subjects. Many scientists today consider civil law to be the basis of jurisprudence in general. Of course, this issue is controversial, but the major role of the industry in the legal system of the Russian Federation cannot be denied. In fact, it is she who regulates a person’s daily life. After all, a banal purchase on the market is an example of the process of purchase and sale, which falls within the scope of civil law. In turn, moral harm is called one of the key industry institutions.