Claiming Compensation for Damage Caused While Working at an Enterprise

The Law of Ukraine “On Occupational Safety” states that all employers are required to create such working conditions at their enterprises to minimize the possibility of accidents during working hours. To this end, they must regularly conduct safety training for all employees of their company. However, despite all these measures, accidents still sometimes occur, resulting in work-related injuries to employees. To compensate for the material or moral damage caused by such injuries, employees need to know how to properly file a compensation claim.

So, to compensate for material damage, the injured worker must submit a written application requesting material compensation to the employer responsible for the incident. The application should be supported by evidence of the employer’s fault and a medical expert’s conclusion on the degree of the worker’s disability and the need for social assistance.

Current Ukrainian legislation also provides for compensation for moral damage alongside material damage. This is possible if the working conditions at the enterprise caused the employee moral suffering and disrupted their usual way of life. This provision is enshrined in Article 237-1 of the Labor Code of Ukraine. Compensation for moral damage in Ukraine is possible if all three conditions of causing moral damage are met:

1. A violation of the employee’s legal rights is documented.
2. The employee suffered harm, causing them moral suffering.
3. There is a causal link between the first two conditions.

To claim compensation for moral damage, you will need to submit an application to your employer with a detailed description of all the circumstances of the case. If the employer refuses to comply voluntarily, you will need to seek help from state authorities.

Claiming Compensation for Damage Caused While Working at an Enterprise

The competence to review and resolve labor disputes, both individual and collective, in Ukraine is vested in the commissions for the resolution of labor disputes at district and city courts, as well as directly in the courts themselves. By filing a lawsuit there, you can ensure a guarantee of compensation. Sometimes, simply threatening to approach these authorities is enough for your management to promptly meet your demands.

Regardless of the stage of your labor dispute with your employer, reliable legal support, provided by the legal company “Lawyers and Realtors Association of Ukraine” will never hurt. Of course, we prefer to prevent labor disputes at the negotiation stage between employer and employee by all possible means if the client contacts us in time, so as not to involve you in lengthy court proceedings. But if peaceful means to neutralize the conflict have failed, our experienced lawyers and attorneys will do everything to ensure you win this battle with minimal losses.

The specialists at the “AROU” company will provide you with representation, participation, and support in judicial proceedings within the framework of labor disputes and appeal actions of state bodies controlling taxation and compliance with labor legislation. You can find a complete list of services we offer in the field of labor disputes on our website. And our company’s pricing policy will pleasantly surprise you!