A claim for compensation for moral damage and invalidation of the order for disability, moral damage and additional medical expenses
To the Karasai District Court of the Almaty region
040900KaskE-, Momyshuly St., 5.
8-72771-7-99-04; 8-747-690-90-08.
The plaintiff: DE Bekaevna
IIN .....
Almaty region, Enbekshikazakh district, K.... 2.
Representative by proxy:
.
IIN ...
79 Abylai Khan Ave., office 304, Almaty.
..
+7 (708) 971 78 58.
Defendant: MKS LLP
BEAN ...
040900, Almaty region, Karasai district, KaskE city-,
Abylai Khan Street, building 197.
info@mks-logistic.kz
+7 777 ...; +7 701 ....
Third parties:
RSU "Department of the State Inspection Committee
Ministry of Labor and Social Protection of the Republic of Kazakhstan in the city of Almaty
BIN 240840029411
85 Dostyk Ave., Medeu district, 050021, Almaty (third floor)
+7 (727) 338 22 42.
JSC "KSJ "Eurasia"
BIN 181140021231
Almaty, Zheltoksan str., 59
THE CLAIM
on compensation for moral damage and invalidation of the order
On September 1, 2021, an employment contract 123-21 was concluded between the employer of MKS LLP (hereinafter referred to as the Defendant) and the employee Dr. E. Bekaevna (hereinafter referred to as the Plaintiff). On the basis of the Defendant's order no. - 268 bos dated 09/01/2021, the Plaintiff was hired as a storekeeper.
On April 10, 2024, an accident occurred with Ist at the workplace, namely, on the Defendant's territory in a finished goods warehouse, the driver of an electric loader (kara), Seitkenov B., while performing his duties, driving in reverse, hit the warehouse manager, Dr. E.B., who received bodily injuries (degree of injury, established as a result of a forensic medical examination, qualified as harm of moderate severity).
On May 22, 2024, after the formation of the accident investigation Commission, the Defendant issued Act No. 1 on an accident related to work. According to the act of special investigation dated 05/21/2024, the commission appointed by Order No. 37 dated 04/22/2024 the head of the KSU "Department of Labor Inspection of Almaty", the cause of the accident was:
- unsatisfactory organization of work by the head of the MKS LLP warehouse, V.E. Novolodskoy, expressed in the failure to provide safe working conditions for warehouse workers, namely, not applying road markings to ensure the movement of pedestrians and technological vehicles in safe conditions. Violated the requirements of clause 4 of Article 184 of the Labor Contract of the Republic of Kazakhstan and clause 2.21. clause 2.2 of the Job Description of the warehouse manager, approved by the Director of MKS LLP dated 04.01.2023.
The driver of the forklift, Seitkenov B., violated the requirements of clause 3.8, Safety Instructions No. 1 for the loader driver, approved by the head of MKS LLP dated 07.07.2023. exactly:
- during operation, the loader driver is obliged to carefully monitor the actions and locations of the workers in the loader area, give an audible signal and make sure that the workers heard it and reacted, If pedestrians do not leave the road, stop the loader.
Failure to conduct training, instruction, and knowledge testing on occupational safety and health issues with the Plaintiff, Biotech engineer A.A. Ayazbaev, which is a violation of clause 2, clause 2, Article 182 of the Labor Code of the Republic of Kazakhstan, which stipulates that the employer is required to conduct training, instruction, and knowledge testing of employees on occupational safety and health issues, as well as to ensure documents on the safe conduct of the production process and work at their own expense.
Conclusions of the commission on the connection of the accident with the proceedings on persons who committed violations of labor legislation.: the commission, having examined the scene of the accident, having carefully studied the regulatory documents, having studied the explanatory notes of the representatives of MKS LLP, considers this accident with the Plaintiff to be related to labor activity, with the registration of an accident certificate and registration with MKS LLP. The degree of the employer's guilt is 100%, the degree of the employee's guilt is 0%.
On May 20, 2024, the Defendant issued an order for compensation for damage to the health of the victim, Dr. E.B., on the basis of which an amount of 500,000 tenge was paid.
According to paragraph 1, Article 937 of the Civil Code of the Republic of Kazakhstan (hereinafter referred to as the Civil Code), expenses caused by damage to health (for treatment, additional nutrition, purchase of medicines, prosthetics, outside care, sanatorium treatment, purchase of special vehicles, preparation for another profession, and others) are reimbursed by the employer who caused harm to the employee's health., within the limits established by the Labor Code of the Republic of Kazakhstan.
917 of the Civil Code, damage (property and (or) non-property) caused by unlawful actions (inaction) to property or non-property benefits and rights of citizens and legal entities is subject to compensation by the person who caused the damage in full.
However, taking into account the costs incurred by the Plaintiff for treatment and rehabilitation, this amount is insufficient to cover all costs.
On March 5, 2025, the employer issued an Order to terminate the employment contract with Dr. E. Bekaevna, head of the warehouse, on the initiative of the employer, on the basis of paragraphs 6, paragraph 1, Article 52 of the Labor Code of the Republic of Kazakhstan (the employee's inconsistency with his position or work due to a health condition that prevents the continuation of this work, excluding the possibility of continuations) from March 5, 2025.
According to the Order dated March 5, 2025, the grounds for termination of the employment contract are:
1. Conclusion of the Medical Advisory Commission No. 57 dated February 18, 2025;
2. Certificate of general disability No. 3240363-911 dated November 04, 2024;
3. Act of medical and social expertise No. 1240363-2100 dated November 04, 2024
The employee has incurred significant expenses for treatment, rehabilitation and restoration of health. The total amount of expenses amounted to 676,552 tenge, which means a payment of 500,000 tenge. The employee also incurred additional expenses for medicines, sanatorium treatment and rehabilitation, which was also not taken into account when paying compensation.
According to the act of medical and social expertise No. 1240363-2100, the employee was diagnosed with a disability of the third group, with a percentage of loss of general working capacity (GIT) of 50% and a percentage of loss of professional working capacity (UPT) of 55%. These data confirm a significant deterioration in the employee's health, which directly affects her ability to work and requires prolonged treatment and rehabilitation.
In addition, due to the injury, the employee cannot find a job, which is a direct result of his deteriorating health. This not only led to financial losses, but also caused significant moral suffering. The employee continues to receive treatment, which has an impact on her mental and emotional state.
Taking into account the above, on the basis of Article 937 of the Civil Code of the Republic of Kazakhstan, we require the employer of MKS LLP to reimburse the full amount of expenses incurred by the employee. The employee demands payment of additional compensation in the amount of 2,000,000 tenge for disability, moral damage and additional medical expenses.
If proper compensation is not provided within 10 (ten) business days of receiving this claim, we will be forced to file a claim with the court for full damages and compensation for all costs and legal expenses incurred by the employee.
In accordance with Part 4 of Article 8 of the Civil Code of the Republic of Kazakhstan, citizens and legal entities must act in good faith, reasonably and fairly in exercising their rights, observing the requirements contained in the legislation, the moral principles of society, and entrepreneurs - also the rules of business ethics. This obligation cannot be excluded or limited by the contract. Good faith, reasonableness and fairness of the actions of participants in civil law relations are assumed.
According to paragraph 1 of Article 113 of the Civil Procedure Code of the Republic of Kazakhstan, at the request of the party in whose favor the decision was made, the court awards, on the other hand, the costs incurred by her to pay for the assistance of a representative (several representatives) who participated in the process and is not in an employment relationship with this party, in the amount of the costs actually incurred by the party.
152 and 279 of the Civil Procedure Code of the Republic of Kazakhstan and Article 402 of the Civil Code of the Republic of Kazakhstan, stipulating that the judge returns the statement of claim, and the court leaves the statement of claim without consideration if the plaintiff fails to comply with the pre-trial procedure established by law for this category of cases, the mandatory procedure for preliminary pre-trial dispute resolution and the possibility of this procedure is not lost and preserved.
Application:
· Power of attorney from Dr. E.B.;
· Transfer of trust to Kenesbek I.M.;
· udv Kenesbek I.M.;
· Payment receipts for 47 art .;
· Medical and social Expertise Act No. 1240363-2100;
With respect,
Representative by proxy: Kenesbek I.M.
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