Regarding the victim's right to file a claim against the harm-doer
In accordance with paragraph 4 of Article 20 of Law No. 30, the beneficiary is the injured employee (in case of his death, the person who, according to the laws of the Republic of Kazakhstan, has the right to compensation for damage caused by the death of the employee), as well as the policyholder or another person who reimbursed the beneficiary for the damage caused within the scope of the insurer's liability established by this Law, and those who have received the right to an insurance payment.
It follows from the content of this provision that there may be cases when the employer has compensated the employee for the damage and the right to an insurance payment is transferred to him. At the same time, an analysis of the cases submitted for summary showed that to date there are no disputes on the issue of violation of the right of employees to make claims directly to the employer. As a rule, affected employees make demands on both the employer and the insurance company at the same time.
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