Compensation for harm is an obligation that, under certain circumstances, may arise in industries regulated by labor or civil law.
Compensation for harm in the field of civil offenses
Everything here is connected with the damage to property or the identity of citizens, property of legal entities. The person who caused the harm, in most cases, must indemnify him in full. Exemption from compensation is possible only if the offender proves his innocence.
Compensation for harm caused by persons who have not yet reached the age of fourteen is carried out by their parents or other legal representatives. Minors who are already fourteen years old are liable on a common basis, however, if they do not have their own income, the parents (guardians and so on) are compensated for the harm.
Compensation for damage is not mandatory if it is done in emergency conditions , in case of necessary defense, and so on.
Compensation for damage can be claimed from organizations, as well as from municipal and even state institutions.
In the event that a person was harmed as a result of which he lost his ability to work, the person who caused the harm will be obliged to compensate the amount that the victim could earn, but did not earn, because he was being treated. Often it comes to lost profits. What it is? These are material goods that a person would receive if he had not been harmed. For example, a taxi driver whose car was injured in an accident can talk about lost profits .
The exact amount of payments is always difficult to determine. In most cases, you have to resort to specific means. These include an independent examination of damage. In its process, a detailed report is compiled, and the limits of compensation are calculated. It is carried out by special organizations.
The Civil Code speaks of moral harm. This concept is specific and very abstract. What is meant by moral harm? Most often, this is called mental as well as moral suffering. Possible moral damage in road accidents, insults, and so on. It is difficult to prove it, but more and more people win the business connected with it.
The form of compensation for non-pecuniary damage is monetary.
What does the labor law say?
TC regulates the compensation for damage caused in the legal relations regulated by it. Liability of any of the parties takes place only if the incident is based on unlawful behavior. Note that there are exceptions: they are indicated in the TC. The obligations for compensation for harm between the employer and the employee are different.
The employer, according to our laws, must reimburse his employee the earnings that he should have received if the incident had not occurred. The employer is also obliged to fully pay compensation for property damage.
Compensation for non-pecuniary damage is also possible. It, as in the above case, is also paid in money.
Workers, as a rule, compensate only direct harm. In this case, we cannot talk about any unearned benefits. The limits of liability that employees bear are established by law.
Note that the laws of our country are better than they seem. Through the court, you can indemnify almost any damage caused. Many do not understand this or simply do not trust justice. Drafting a statement of claim and taking it where necessary is not so difficult. Yes, the trial is not so fun, but you need to assert your rights always and everywhere. Experienced people do just that.