До умов відшкодування моральної шкоди працівникові, який постраждав внаслідок нещасного випадку на виробництві або професійного захворювання

Abstract

The purpose of the article is to consider the terms for compensation for moral damage to an employee who suffered as a result of an accident at work or an occupational disease. The paper established that compensation for moral damages to an employee under the abovementioned circumstances is possible in the presence of certain conditions provided for by law, which are general for the onset of liability in all cases of infliction of moral damage. All these conditions (presence of the fact of infliction, wrongful behavior of the person causing the damage; causal relationship between wrongful behavior and moral damage; guilt of the perpetrator) are considered in detail, taking into account the specifics of the legal relationship under investigation. The author's definition of moral damage caused to an employee as a result of an accident at work or an occupational disease is proposed.

The purpose of the article is to consider the terms for compensation for moral damage to an employee who suffered as a result of an accident at work or an occupational disease. The paper established that compensation for moral damages to an employee under the abovementioned circumstances is possible in the presence of certain conditions provided for by law, which are general for the onset of liability in all cases of infliction of moral damage. All these conditions (presence of the fact of infliction, wrongful behavior of the person causing the damage; causal relationship between wrongful behavior and moral damage; guilt of the perpetrator) are considered in detail, taking into account the specifics of the legal relationship under investigation. The author's definition of moral damage caused to an employee as a result of an accident at work or an occupational disease is proposed.