Workplace accidents are a serious issue that can lead to significant health and financial consequences. In the event of a workplace accident, we advise you to consult a good lawyer to help you secure the necessary compensation. In this article, we will explore what constitutes a workplace accident, the compensations owed by social security and employers, and how fair compensation for non-material damages is determined in Bulgaria. How is compensation for workplace accidents calculated? What rights do workers with workplace accident insurance have?
What is a Workplace Accident?
A workplace accident is any sudden health impairment that occurs during and in connection with or related to the performed work, as well as any work carried out in the interest of the enterprise. The impairment must have caused temporary incapacity, permanent reduced working capacity, or death.
A workplace accident also includes accidents occurring during the usual commute to or from the workplace to:
1) The primary or any other permanent residence;
2) The place where the worker usually eats during the workday;
3) The place where wages are collected.
Compensation for Workplace Accidents from Social Security
In the event of a workplace accident, social security in Bulgaria provides several types of compensation:
- Temporary incapacity compensation: This is paid while the worker is unable to perform their duties due to the accident.
- Permanent incapacity compensation: If the accident leads to a permanent reduction in working capacity, the worker is entitled to a disability pension.
- Compensation in case of death: If the worker dies, their heirs are entitled to a one-time compensation and a pension for the surviving spouse and children.
Compensation for Workplace Accidents from Employers
How is compensation for workplace accidents calculated? In addition to social security compensation, the employer is also liable for damages suffered as a result of workplace accidents, both material and non-material:
- In case of bodily harm: The employer must cover all treatment and recovery costs and pay compensation for lost income during recovery. The worker is also entitled to compensation for non-material damages—pain and suffering, determined on a fair basis.
Non-material damage compensation is usually significant.
- In case of death: The employer must compensate the heirs of the deceased worker for both material and non-material damages resulting from the worker’s death.
Material damages in the case of losing a loved one include loss of income. The deceased’s children who are entitled to support can claim it from the time of death until reaching adulthood or the end of the entitlement.
Non-material damages are the pain and suffering resulting from the loss of a loved one. They are determined fairly by the court or through agreements between parties. In Bulgaria, non-material damages are typically several times greater than material ones. For assistance in determining them, we recommend consulting a good lawyer.
Determining Fair Compensation for Non-Material Damages
In Bulgaria, fair compensation for non-material damages is determined based on several factors, including:
- The type of bodily harm;
- The circumstances under which the harm occurred;
- The economic conditions at the time of harm;
- The impact of the harm on the victim’s life;
- The recovery period length;
- The nature of the relationship between the deceased and the relative claiming compensation;
The court has the final say in determining the compensation amount, taking into account all specific circumstances of the case. Determining non-material damage compensation is a complex task that requires an experienced lawyer.
Workplace Accident Insurance
Certain employers are required to maintain workplace accident insurance. In the event of an accident, the worker will be entitled to the insurance sum. Mandatory workplace accident insurance covers the following risks:
1. Death of the insured due to a workplace accident;
2. Permanent reduced working capacity due to a workplace accident;
3. Temporary incapacity due to a workplace accident.
Temporary incapacity and the degree of permanent reduced working capacity are certified through medical certificates and expert decisions issued by the relevant competent body.
The insurance sum cannot be less than seven times the annual gross salary of the respective worker.
Conclusion
Workplace accidents can have severe consequences for the affected individuals and their families. It is crucial to understand your rights and seek an experienced lawyer to help you secure fair compensation. Our law firm is available to provide you with the necessary legal assistance and support in this challenging time.
For more information and professional consultation, do not hesitate to contact us. We are here to help you achieve the justice you deserve.
If you or a loved one has been involved in a workplace accident or you have employees affected by such an event, you can trust our team. Our lawyers have extensive experience handling workplace accident cases.
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