Compensation in the event of an occupational accident
Compensation in the event of an occupational accident
Compensation for excess damages in the work accident of the victim.
With the decision of TELK, which determines a lifelong 100% loss of working capacity as a result of a trauma received in an occupational accident is a condition for the occurrence of the claim for compensation for excess damages in the occupational accident of the victim.
In the examination of permanent incapacity for work, TELK's expert decisions give conclusions on the evaluation of the ability to work, the duration of the disability, the date of the disability, the causal relationship in the event of an occupational accident, occupational disease and their complications, a recommendation for labor rehabilitation and a prescription for the working conditions in which the disabled person may or may not work.
Deterioration of the state of health /excess/ is present when a qualitative change of the disability from the work accident, respectively the occupational disease, is established, and the deterioration should be in a causal relationship with the disability. Causation must be established, and the aggravation must not have been foreseen and taken into account when determining the initial compensation for non-property damages. When assessing the compensable damages, the court must take into account only those from the deterioration of the state of health, and not from the overall damage to health, excluding those that precede the finding of excess.
In the case of an excess, a new claim for compensation arises for the victim, different from the one already awarded, which arises from the victim's new condition, related to the appearance of new suffering and/or substantial aggravation of the old suffering, due to the work accident, respectively the occupational disease, which deviates significantly from the forecast when determining the initial compensation. When with the decision of TELK, in the case of a definite condition without the possibility of full or partial recovery, a lifetime term of disability with 100% loss of working capacity is determined as a result of trauma received in a work accident, in the event of complications in the injured person's health condition, no the competent authority can be expected to issue an act with content determining a higher percentage of TNR, since the administrative law does not provide for such a possibility. With such a decision by TELK, the new suffering and/or the substantial aggravation of the old suffering due to an occupational accident is subject to proof of damages with all the means of proof under the Code of Civil Procedure.
If you would like a consultation for your case, contact us at 0895645940 - attorney Yulia Danova
Attorney at law Iuila Danova
#3, Dobrotica Str., Varna, Bulgaria
Mob: +359 895 64 59 40
WWW: advokatvarna.com
Email: iulia.danova@abv.bg