Compensation for harm

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 sphere of civil offenses

Here everything is connected with causing damage to propertyor the identity of citizens, property of legal entities. The person who caused the harm, in most cases should compensate him completely. Exemption from compensation is possible only if the offender proves inadequate.

Compensation for harm caused by persons whohave not reached the age of fourteen, are exercised by their parents or other legal representatives. Juveniles who are already fourteen years old are liable on general grounds, however, if they do not have their own income, the parents (trustees, etc.) are compensated for.

Compensation for harm is not mandatory if it is inflicted in extreme circumstances, 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 has been harmed,the result of which he lost his ability to work, the person who caused the harm, will have to compensate the amount that the victim could earn, but did not earn, because he was on treatment. Often it comes to loss of profit. What it is? These are the material benefits that a person would receive if he had not been harmed. For example, a lost taxi driver can tell about lost profits, whose car was injured in an accident.

The exact amount of payments is always difficult to determine. In most cases, you have to resort to specific means. These include independent examination of damage. A detailed report is drawn up in its process, and compensation limits are calculated. It is carried out by special organizations.

The Civil Code refers to 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. Moral damage is possible during an accident, insult and so on. It is difficult to prove it, but more often people are winning related business.

The form of compensation for moral damage is monetary.

What does the labor legislation say?

The TC regulates the compensation of damage caused inregulated by them legal relations. The liability of either party takes place only if the incident is based on unlawful conduct. Note that there are exceptions: they are indicated in the TC. Obligations for compensation for harm between the employer and the employee are different.

The employer under our laws should compensatehis employee that earnings, which he had to receive in the event that the incident did not happen. Also, the employer is obligated to pay in full and compensation for causing property damage.

Compensation for moral harm is also possible. It, like in the above case, is also paid in cash.

Employees, as a rule, reimburse only the directharm. In this case, we can not talk about any unreceived benefits. The limits of material responsibility that employees bear are established by law.

It should be noted that the laws of our country act better,than it seems. Through the court you can compensate for almost any damage inflicted. Many do not understand this or simply do not trust justice. Making a statement of claim and taking it to where it's needed is not so difficult. Yes, the trial is not so fun, but you have to defend your rights always and everywhere. Experienced people do this.