Payments for Occupational Injuries Will Be Assigned Before the Completion of the Investigation
The new bill No. 15324 "On Amendments to the Law of Ukraine 'On Compulsory State Social Insurance' Regarding Strengthening the Social Protection of Certain Categories of Insured Persons" addresses two problematic issues in the field of social insurance.
The first concerns the assignment of payments to war veterans after returning to civilian life and employment. The second relates to the lack of a mechanism for paying temporary disability benefits to employees injured in occupational accidents while the official investigation of such cases is ongoing.
Separate Conditions for Combatants and Persons with War-Related Disabilities
The bill proposes to amend part four of Article 12 of the Law of Ukraine "On Compulsory State Social Insurance."
For combatants and persons with disabilities caused by the war, having less than six months of insurance experience is proposed to be determined not over the last 12, but over the last 24 months before the insured event.
As stated in the explanatory note, this will allow veterans who have at least six months of insurance experience within the last two years to receive temporary disability benefits amounting to 100% of the average salary without applying the restriction calculated from the minimum wage.
Payments to Victims of Occupational Injuries Before the Completion of the Investigation
Another innovation concerns cases of occupational injuries.
The draft proposes to supplement Article 30 of the Law with a provision according to which temporary disability benefits will be provided to the insured person even before the completion of the investigation of the accident based on a disability certificate.
The authors explain the need for such a mechanism by the fact that investigations of occupational accidents can last several months, especially under martial law conditions, and the absence of payments during this period effectively deprives the injured person of a source of income.
How the New Mechanism Will Work
To implement this model, the bill proposes to supplement part three of Article 36 of the Law with a new provision.
Until the investigation of the accident is completed, temporary disability benefits will be paid by the employer under the rules of social insurance in connection with temporary incapacity for work. At the same time, the first seventeen days of incapacity will be paid at the expense of the enterprise, institution, or organization where the accident occurred.
After the investigation is completed, two options are possible.
If the insured event is confirmed by the investigation report, and the employee received benefits less than 100% of the average salary due to insurance experience, the employer will make an additional payment up to the full amount of the average salary. The relevant funds for such an additional payment will be financed by the authorized body to a separate employer's account.
If the investigation does not confirm the occurrence of an insured event under social insurance for an accident, the authorized body will reimburse the employer for the amount of temporary disability benefits paid to the employee for the period from the sixth to the seventeenth day of incapacity.
Thus, it is expected that the proposed changes will provide more favorable conditions for assigning insurance payments to war veterans after returning to work, as well as enable employees injured in occupational accidents to receive temporary disability benefits without waiting for the investigation to be completed.
This should contribute to the continuity of social protection for insured persons during periods of incapacity for work.
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