Criminal defense attorney Establishing the fact of an accident
An application for the establishment of such a fact may be accepted for court proceedings: when the accident report was not drawn up and it is not possible to draw it up at the time of the appeal, when the act was drawn up, but was subsequently lost, and it is not possible to restore it out of court, when an error was made in drawing up the act that prevents the recognition of the fact There was an accident, and it's impossible to fix it. When establishing the fact of an accident, the court does not have the right to determine the causes and degree of disability, the causes, group and time of disability. These facts are established by expert commissions.
When establishing the fact of an accident, the operative part of the decision should reflect: the time and place of the accident; the surname, first name, patronymic of the person with whom the accident occurred; the connection of the accident with production. The court's decision refused to satisfy B.'s application for establishing the legal fact of the accident and the insured event. At the hearing, it was established that on March 17, 2013, on the basis of notice No. 230 dated July 10, 2013, the RSEU issued an act No. 14 on industrial accidents against B.. Subsequently, the specified notification No. 230 was withdrawn and a new notification No. 8 dated January 17, 2014 was issued. Applicant B. requested to establish the fact of the accident and the insured event that occurred to him on July 10, 2013 at the mine of JSC. Meanwhile, Act No. 14 on industrial accidents dated July 17, 2013 is available, currently this act has not been canceled or invalidated by anyone. In such circumstances, the court considered B.'s claims to establish the legal fact of an industrial accident and an insured event to be unfounded and to be left without satisfaction. The judicial act was appealed, but it was upheld.
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