A man is claiming 255,600 hryvnias from the Pension Fund of Ukraine due to loss of professional capacity. Here's the court's decision on the matter.

A man worked underground in harmful conditions. Subsequently, he was granted a permanent disability rating of 25%. He is demanding compensation for moral damages from the Pension Fund in the amount of 255,600 hryvnias. This is stated in the decision of the First Mai City Court of Dnipropetrovsk Region, published on November 27, 2024.

The man was employed in the production and structural divisions of the enterprise DTEK Pavlogradvugill with a full workday underground in harmful conditions, which led to him suffering from occupational diseases. According to the certificate from the Medical and Social Expert Commission dated September 12, 2002, No. 020549, a permanent loss of 25% of work capacity due to occupational diseases was established. As a result, the citizen does not receive insurance payments. Due to the chronic occupational diseases he has acquired, which are accompanied by a significant loss of work capacity and a systematic need for medical assistance, he constantly experiences psychological discomfort, disturbances in mental balance, expressed in feelings of despair, anxiety, irritability, fear, and poor sleep against a backdrop of severe pain. All of this has a constant and negative impact on his mental and physical well-being. Currently, his condition is not improving, the negative changes in his life are irreversible, and the awareness of this causes him emotional pain and suffering. The aforementioned negative phenomena inevitably lead to distress, suffering, stress, and depression. All these circumstances have caused him moral harm, which should be compensated by the Main Department of the Pension Fund of Ukraine in Dnipropetrovsk Region in his favor in the amount of 255,600 hryvnias.

A representative of the Main Department of the Pension Fund of Ukraine in Dnipropetrovsk Region provided a response to the claim. He requests that the claim be denied, as the legislation of Ukraine has terminated the Fund's obligation to compensate for moral damage to victims regardless of the date of the insurance case occurrence.

What was the court's decision?

The court partially satisfied the claim. The Main Department of the Pension Fund of Ukraine in Dnipropetrovsk Region is ordered to compensate for the moral damages caused by health impairment at work in the amount of 37,500 hryvnias, without tax deductions and other mandatory payments from individual income.

"Considering the state of health, the degree of loss of professional work capacity of the plaintiff, his partial ability to lead an active lifestyle, and the fact that the loss of professional capacity has undoubtedly changed his normal life rhythm, which has caused him moral suffering, applying the principles of reasonableness, balance, and fairness, the court believes that the claims should be partially satisfied in a sufficient and necessary amount of 37,500 hryvnias. The court holds that this amount will not lead to the enrichment of the plaintiff and will not place the defendant in a difficult financial position," the court emphasized.

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