Article 8. Rights and obligations of the policyholder of the Law on Compulsory Insurance of an Employee against Accidents in the Performance of his/her Labor (Official) Duties

Home / RLA / Article 8. Rights and obligations of the policyholder of the Law on Compulsory Insurance of an Employee against Accidents in the Performance of his/her Labor (Official) Duties

1. The Policyholder has the right to:

1) the choice of the insurer for the conclusion of the contract of compulsory insurance of the employee against accidents;

2) upon the occurrence of an insured event, be present at the examination of the employee by the territorial subdivision of the authorized body;

3) to defend their rights and legitimate interests, as well as the rights and legitimate interests of beneficiaries in court;

4) require the insurer to clarify the terms of compulsory insurance, rights and obligations under the contract of compulsory insurance of an employee against accidents;

5) involve an independent expert to assess the insurance risk;

5-1) apply to the insurer, taking into account the specifics provided for in Article 24-1 of this Law, or to the insurance ombudsman or to the court to resolve issues arising from the employee's compulsory accident insurance contract;

6) send the application and the attached documents to the insurance Ombudsman (directly to the insurance Ombudsman, including through his online resource, or through the insurer, including through its branch, representative office, other separate structural unit, Internet resource), taking into account the specifics provided by the Law of the Republic of Kazakhstan "On Insurance Activities".

7) to reimburse the costs of carrying out preventive measures and (or) rehabilitation measures in accordance with the procedure determined by the authorized body.

2. The Policyholder is obliged to:

1) conclude an employee's compulsory accident insurance contract with an insurer in accordance with a standard employee's compulsory accident insurance contract approved by the authorized body for regulation, control and supervision of the financial market and financial organizations;

1-1) conclude an employee's compulsory accident insurance contract with the insurer during the first decade of the month following the month in which the policyholder started operating;

1-2) submit an application in electronic form for the conclusion of an employee's compulsory accident insurance contract in electronic form with the insurer in the case of state registration of the policyholder belonging to a small and medium-sized business entity through the e-government web portal;

2) pay the insurance premium in the amount, procedure and terms established by the employee's compulsory accident insurance contract, and ensure the safety of all insurance documents available to him in accordance with the legislation of the Republic of Kazakhstan;

2-1) notify the insurer within ten working days from the date of the change in the occupational risk class of the employee(s).;

3) to carry out measures aimed at preventing insurance claims;

4) immediately, but no later than three working days, as soon as he became aware of the occurrence of an accident, notify the insurer about it.;

5) ensure the investigation of the circumstances of the occurrence of insured events with the mandatory participation of representatives of the authorized body and the insurer;

6) to prove the occurrence of the insured event, as well as the losses caused by it;

7) provide the insurer, within the time limits set by the contract, with the documents and information on the beneficiary (including the cellular subscriber number and/or email address) necessary for calculating the insurance payment and concluding an annuity agreement.;

8) ensure timely mandatory medical examinations of employees in accordance with the Code of the Republic of Kazakhstan "On Public Health and the Healthcare System;

9) submit to the authorized body and healthcare organizations documents on the working conditions of employees who preceded the insured events;

10) train on-the-job workers in safe working methods and techniques;

11) to comply with the decisions of the authorized body on the prevention, prevention and investigation of accidents;

12) promptly inform the insurer about its reorganization or liquidation;

13) take measures to reduce losses from the insured event;

14) ensure that the right of claim against the person responsible for the occurrence of the insured event is transferred to the insurer;

15) conclude an annuity agreement in favor of an employee or a person entitled to compensation for damage caused by the death of an employee in the cases provided for by this Law, within the limits of the insured amount established by the employee's compulsory accident insurance contract.;

15-1) conclude a pre-retirement annuity agreement in favor of an employee engaged in work with harmful working conditions in accordance with Article 23-1 of this Law and enter information into the occupational health and safety information system;

16) within ten working days from the date of conclusion of the annuity agreement, submit a copy of it to the beneficiary in whose favor the annuity agreement was concluded.

17) within ten working days from the date of conclusion of the pre-retirement annuity agreement, submit a copy of it to the beneficiary in whose favor the pre-retirement annuity agreement was concluded.

3. The contract of compulsory insurance of an employee against accidents may provide for other rights and obligations of the policyholder that do not contradict the legislative acts of the Republic of Kazakhstan.

The Law of the Republic of Kazakhstan dated February 7, 2005 No. 30.

This Law regulates public relations arising in the field of compulsory employee accident insurance and establishes the legal, economic and organizational basis for its implementation.

President

Republic of Kazakhstan

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