Insurance payments in case of death of a soldier. Rules and procedure for receiving insurance payments for military personnel

Who is entitled to compensation
Difficulties in collecting documentation
Payment for injury
What injuries are insured

State payments of insurance to military personnel are carried out and laid down by the Law of the Russian Federation in the event of injury, injury, disability or death. Military insurance payments are a mandatory type of state insurance. Regulates payments of the Federal Law "On Compulsory State Insurance of Military Personnel".

Who is entitled to compensation

According to the law of the Russian Federation, insurance payments to military personnel and their relatives are carried out in two cases: firstly, upon death in the performance of military duty; secondly, with incomplete loss of health as a result of service, in the event of an injury or as a result of illness. Insurance is paid only if the military has not violated the Law of the Russian Federation and the order of service. Compensation will not be paid if the soldier at the time of injury was:

Under the influence of drugs.
Under the influence of alcohol.
Under the influence of strong drugs.

Insurance will not be issued if a person intentionally injured himself or herself. When a soldier commits suicide, the insurance will be paid if the fact of incitement to suicide is proven through the court or if a member of the armed forces has served in the army for more than 6 months. If an injury occurs, then the insurance payment can be received either by the military himself, or by members of his family at his death.

From relatives as a beneficiary can act:

Wife.
Mother and father of the person who was insured.
Elderly guardians of an employee on an urgent or contract basis in the troops, if they have provided care for him for more than 3 years.
Adoptive mother and father, if a member of the armed forces has lived with them for at least 5 years.
Children of a conscript or contract soldier.

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Difficulties in collecting documentation

To receive insurance, close relatives must collect the following documentation:

Personally written application for insurance coverage.
Medical certificate issued by the military commission. The certificate contains information about the state of health. If a person has died, then a death certificate is required.
Documentation or copies certified by a notary public that will prove that the military member is a relative of the beneficiary.
A copy of the order from the military unit, which states that the person is no longer included in the lists of the organization.

In some cases, obtaining insurance compensation can be difficult. Usually problems can arise if a conscript or contract soldier has died or received a disability after he left the army; if the service ended more than 12 months ago.

The proof of a causal relationship in this case will be very difficult, almost impossible.

If the insurance company refuses to pay insurance, the dissenting party may challenge the decision in court, may ask for a medical examination. In the event that a conscript or contract soldier died due to improper therapy carried out during the performance of military duty, then relatives have the right to demand payment from both the insurer and the medical institution. If there are problems with the evidence base in court, then the best way out is to seek the help of an experienced lawyer.

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Payment for injury

To insure people who repay their military debt to their homeland, the state allocates huge sums of money. With basic knowledge, the military will be able to guarantee compensation in case of injury during service. The Federal Law of November 7, 2011 informs that an employee who was injured in military service, upon dismissal or expulsion from the ranks, may qualify for monetary compensation.

Compensation is paid if the injury was received while on duty. The amount of insurance payable to military personnel is determined by law: for example, a contract soldier will be able to receive 2 million rubles upon dismissal, and a conscript - 1 million rubles. If an employee who was called up for military training lost his health during the period of service and was diagnosed with disability, then upon dismissal, in this case, monthly transfers of funds are required.

The period of payment of insurance to a serviceman is defined: for life.

The amount that will be given to an employee with an established disability who is injured in the course of service depends on the group:

III group - 2,800 rubles.
II group - 7,000 rubles.
Group I - 14,000 rubles.

The disability allowance is paid monthly, and it does not depend on whether the person receives any other payments. The benefit will not be issued if the person has already received payment for this injury under any other Federal Law. The amount of compensation increases every year, as there is an increase in inflation.

It doesn't matter what the severity of the injury is, the insured event still occurs. Today, legislation provides for compensation for loss of health not only during the period of military service, but also after being transferred to the reserve or being expelled from the army.

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What injuries are insured

The list of injuries for the payment of insurance to military personnel is interpreted by the Law of the Russian Federation. Mutilations, injuries and contusions can be severe or mild. All of them are described in the Federal Law “On insurance payments to military personnel”. If the injury is of a combined nature, then the severity will be determined as increased. A military serviceman must be issued a certificate of treatment, which will describe injuries and injuries.

This certificate is attached to the general package of documentation important for obtaining insurance. If there is no certificate, then it will be extremely difficult to prove the fact of injury during the period of service.

A certificate of the circumstances of the occurrence of an insured event must be issued by the commander of the military unit where the serviceman is serving. Together with a certificate of the severity of the injury, an application for the payment of the sum insured to the serviceman and the rest of the documentation necessary to receive compensation must be submitted.

The soldier must submit a report to the commander of the military unit. The report must contain all the information about the injury, mutilation, concussion, and must be accompanied by medical documents that confirm the occurrence of an insured event. The Law of the Russian Federation clearly spells out all the rules for obtaining insurance, so there are no problems.

The state guarantees compensation to all military personnel who have received an injury, mutilation, concussion, or to relatives of military personnel in the event of the death of the latter.

Dear readers of the legal portal "website", we present to your attention an article that touches upon the issues of paying insurance to military personnel in case of injuries in 2019. In the material we provide a list of situations in which compensation is paid. Let's also talk about the design features this year.

The material will be useful to all military personnel, as each of them is at risk in the service. And insurance assistance is a measure of compensation that the victim receives to restore health. In the event of the death of a military man, insurance is paid to his relatives. About everything in order.

The legislative framework

Insurance payments are a special category of accruals, and their appointment to military personnel in case of injury is accompanied by many nuances. In order to regulate this issue, the following bills should be referred to:

Federal Law No. 52 - "Insurance charges for military personnel", which was dated March 28, 1998.
Federal Law No. 76 of May 27, 1998, which determines the status of the applicant in the service.
GD No. 855, as amended on July 22, 2017

General provisions

The law defines military injury. This concept defines the disease of the body, which is obtained during the period of service, the performance of official duties. And since the military is subject to compulsory insurance, in the event of an injury, they can count on some compensation payments.

The military includes:

structures;
conscripts after arriving at the training camp;
employees of the penitentiary services;
border guards;
representatives of the FS structures;
firefighters.

Federal Law No. 165, which of July 2, 2013 determines the need to conclude insurance contracts between the insurer and the Ministry of Defense.

Recipients of insurance against damage and injuries

In the event of a moderately severe injury, severe injuries to a serviceman, an insurance indemnity is due. Such groups of persons can apply for it, among which:

the officers and sergeants, ensigns and colonels themselves injured in the performance of combat missions;
military spouses;
minor offspring and up to 23 full-time students;
who received the status before the parent was injured;
close blood relatives.

Attention! The list of recipients is expanded by applicants that appear in the contract.

The list of cases in which the payment of insurance to military personnel is due in 2019

Not for every injury, the victim can apply for a payment. The condition for its accrual is the presence of an insured event. If the situation is recognized as such, the management of the insured person sends a notification to the victim himself, his relatives.

Insured events include the following situations:

Death in the performance of duty. A one-time compensation payment is due, the amount of which is 2 million rubles.
Death that took place within a year from the date of dismissal from service. The amount of the one-time payment will be 2 million. Death must come from an injury that was received at work.
in service / one year after dismissal. The amount of insurance compensation in this case will be 1.5 million rubles. The injury that caused the loss of working capacity must occur in the performance of official duty.
2, . The amount of compensation is 500 thousand or 1 million rubles. The first threshold is set for ordinary employees, and the second indicator is for sergeants and officers.
Injuries, contusions, fractures, dislocations, moderate and severe injuries during service. The serviceman himself is assigned 200,000 rubles for them in 2019.

On a note! A complete list of injuries and contusions, which are the basis for obtaining insurance by a military person, is specified by law.

The insurance contract may provide for additional grounds, including:

diseases that caused severe and moderate consequences;
suicide, regardless of seniority and position.

In case of slight damage to health, which did not result in loss of working capacity, the allowance is not paid.

What's New Pulls War Injury Payouts in 2019

For 2019, no innovations in the field of insurance payments to military personnel in case of injuries are provided. In this period, they plan to maintain the indicators of 2018. The list of documents that need to be collected for the insurance company next year remains the same. The order of registration remains unchanged.

How military payments are processed in 2019

First of all, let's talk about where you need to apply to the injured person to receive compensation. You need to go to the location of the personal file. These are military units in military registration and enlistment offices.

On a note! In the case of reforming a part of the subdivision, the applicant must send documents directly to the insurance company through the successor organizations. The second option is to apply to the military registration and enlistment office at the place of registration.

Payment is not assigned automatically. To be appointed, the beneficiary must submit an application, a sample of which can be viewed on our website. In addition to the application, you need to collect a package of papers, including:

passport and copies of pages with entries;
certificate-confirmation of the insured event with the details of the military unit;
certificate of a disabled person (if any).

The list of documents is modified in the event of the death of the military. In this case, with the application, the relative must provide the following papers:

death document (certificate, certificate);
an extract from the medical board, which guarantees a causal relationship between death and
previous injuries;
command report on the exclusion of the victim from the number of personnel;
documents on the relationship of the beneficiary with the military (certificates, certificates).

Important! If a person entitled to compensation on the occasion of the death of a military relative dies, then his heir must confirm his relationship with the second beneficiary.

All received papers will be certified by the heads of military units, military enlistment offices with a seal, signatures and sent to the insurer.

Timing of assistance

15 days are given by law to the insurance company to process the application. The countdown starts from the date of receipt of the package of papers. It is worth noting that each day of delay will result in penalties for the company in the amount of 1 percent of the amount.

Procedure for registration in 2019

Compensation is assigned exclusively on the territory of Russia. The method and form of its payment depends on the terms of the contract. This may be a one-time compensatory allowance that is paid in one amount or in installments. There are also regular types of accruals with annual or monthly repayment. It can be cash or non-cash payment.

So, after the package of papers is in the military unit, the command draws up a report. This document is attached to the application and other papers, and then sent to the insurer. After verification, in the absence of discrepancies, a payment is assigned.

If errors, inaccuracies are present, the company sends the entire package of papers for revision. The cover letter states the reasons for the return. If the shortcomings are eliminated in a timely manner, the beneficiary receives a compensation payment.

Attention! After a positive decision is made by the insurer, it takes several days for the funds to be credited. In case of delay, there will be a penalty of 1% of the amount.

How to respond to a refusal to pay, what is it connected with

It happens that in case of injury, the victim cannot issue compensation. Consider situations in which an insurer may refuse to pay:

the package of papers for registration is not complete;
the situation does not qualify as an insured event;
the injury is related to the unlawful act of the beneficiary;
at the time of receiving damage to health, the victim was in alcoholic, narcotic, toxic intoxication;
disability, contusion and other injuries that were a planned and intentional act.

The refusal of the insurance company is drawn up in writing, must be reasoned and refer to the norms of legislative acts. The form also provides for the possibility of eliminating the cause of refusal and appealing.

Appeal procedure

Denial of reimbursement can always be challenged in court. The procedure is long-term and laborious, accompanied by a lot of nuances. We will describe the process in brief. If you, dear reader, need to apply to the court, you can get a free consultation from our lawyer.

Disputes with insurers take place in a generally established manner. The first step is the application of measures to peacefully resolve the situation. To do this, send a letter demanding the repayment of the sum insured. Only in the case when there was no reaction from the company, there was a repeated refusal, it is advisable for the beneficiary to go to court.

The claim is written in the form. Attached are the following papers:

copies of passport pages;
a copy of the pre-trial appeal;
a copy of the decision in which the refusal was given;
documentary evidence of the claims stated in the petition;
a power of attorney for a representative, if, for example, a lawyer represents the plaintiff in court.

Important! The plaintiff may request in the claim compensation of all legal costs and the payment of the amount, taking into account the penalty.

Current questions and answers

Question: What insurance company does the Ministry of Internal Affairs cooperate with?
Answer: In 2019, MAKS CJSC is responsible for injury payments.
Question: How much is the monthly compensation for harm to health in 2019?
Answer: The size depends on the group of disability. In the first group, 14,000 rubles are prescribed, in the second - 7,000 rubles, in the third - 2,800 rubles.
Question: Can the conclusions of the military commission be challenged?
Answer: Cases when military medical commissions issue premature, unfounded conclusions regarding the severity of injuries and injuries received are not uncommon. If the victim is sure that the degree of severity of the injury or contusion has been established incorrectly, then he has the right to appeal the decision. It is worth contacting the higher VKK, the court. This right is guaranteed by paragraph 8 of the Regulations on the military medical examination.
Hello! My name is Irina Alekseeva. I have been working in the field of law since 2013. I specialize primarily in civil law. Studied at the Moscow Humanitarian and Economic Institute (SZF) Jurisprudence (Civil law specialization).

Military personnel are a special category of working citizens. The labor activity of a serviceman is regulated by separate legislative acts that apply only to military personnel, the Federal Law "On the status of military personnel" dated May 27, 1998 No. 76-FZ, Federal Law dated March 28, 1998 N 52-FZ "On compulsory state insurance of life and health of military personnel, citizens called up for military training, private and commanding personnel of the internal affairs bodies of the Russian Federation, the State Fire Service, bodies for controlling the circulation of narcotic drugs and psychotropic substances, employees of institutions and bodies of the penitentiary system "

The conditions of service and the labor activity of a serviceman are such that there is always the possibility of injury during military service.

A military injury in a soldier is determined by the military medical commission, the powers of the military medical commission are determined by Decree of the Government of the Russian Federation dated 04.07.13 No. 565. A military injury is a bodily injury that was received in the performance of military duties.

Disability is assigned to a serviceman if the serviceman has lost his health due to bodily injuries that he received in the performance of his military duties and the military medical commission has assigned a degree of disability.

Military personnel who have received harm to health in the performance of military duties can count on compensation for harm to health in accordance with the Federal Law of March 28, 1998 N 52-ФЗ "On Compulsory State Insurance of Life and Health of Military Personnel, Citizens:

called up for military training,
persons of the rank and file and commanding staff of the internal affairs bodies of the Russian Federation,
State Fire Service,
bodies for control over the circulation of narcotic drugs and psychotropic substances,
employees of institutions and bodies of the penitentiary system,

Chapter 59 of the Civil Code, Federal Law No. 306-FZ of November 7, 2011 “On the monetary allowance of military personnel and the provision of certain payments to them”.

In accordance with the Federal Law "On the monetary allowance of military personnel and the provision of certain payments to them" dated November 7, 2011 No. 306-FZ. Military personnel are entitled to the following maintenance and payments:

one-time payments upon dismissal from military service
monthly disability benefits
one-time payment of insurance depending on the degree of disability (group)

One-time payment upon dismissal of a serviceman in case of injury during military service

-2 337 352 rubles - for those who served under the contract
1 268 676 - for those who served in military service

Monthly payments to disabled people in case of military injury

16 361 rubles - 1 group
8 180 rubles - 2nd group
3 272 rubles - 3rd group

Federal Law No. 52-FZ of March 28, 1998 "On Compulsory State Insurance of Life and Health of Military Personnel, Citizens Called for Military Training, Individuals and Commanders of the Internal Affairs Bodies of the Russian Federation, the State Fire Service, Drug Control Bodies and psychotropic substances, employees of institutions and bodies of the penitentiary system"

Insurance payments for military injuries

1,500,000 rubles - 1 disability group
1,000,000 rubles - 2nd disability group
5 00 000 rubles - 3rd disability group

To receive payments in case of injury during military service, you need to contact the territorial department of social protection with a corresponding application and documents attached:

the passport
military ID
certificates of disability
disability pension certificates
work book
income statement

In case of denial of payments in case of injury during military service, such a denial can be appealed in court. In most cases, with the right approach in accordance with applicable law, judicial practice shows that the soldier is paid all due payments.

If you have any questions or difficulties in receiving payments upon dismissal from the army in case of injury during service, in Moscow, St. Petersburg, Nizhny Novgorod, Veliky Novgorod, Pskov, Tula, Voronezh, Yaroslavl, Tver, Ivanovo, Krasnodar Territory, Volgograd , and other cities, you can call 8-800-777-32-63 to a free military legal hotline so that a military lawyer or military lawyer can advise you.

Under the influence of drugs.
Under the influence of alcohol.
Under the influence of strong drugs.

From relatives as a beneficiary can act:

Wife.
Mother and father of the person who was insured.
Elderly guardians of an employee on an urgent or contract basis in the troops, if they have provided care for him for more than 3 years.
Adoptive mother and father, if a member of the armed forces has lived with them for at least 5 years.
Children of a conscript or contract soldier.

This certificate is attached to the general package of documentation important for obtaining insurance. If there is no certificate, then it will be extremely difficult to prove the fact of injury during the period of service.

The state guarantees compensation to all military personnel who have received an injury, mutilation, concussion, or to relatives of military personnel in the event of the death of the latter.

Today, there are fewer and fewer controversial issues regarding compensation for injuries, the system works clearly and efficiently.

There are several grounds for applying insurance payments to employees of the Ministry of Internal Affairs when they receive an injury. Such circumstances are called insured events and are subject to mandatory payment. The main ones include:

injuries to a police officer during his service (during the period when the employee was involved in work);
contusion or injury to the face, as well as receiving other damage, the severity of which is not more than average;
when, as a result of the fulfillment of the assigned task, an injury was received that caused the disability of a citizen;
the insured person died due to an injury during work.

Attention! If the death of a person or the assignment of the status of a disabled person occurred within a year after the dismissal of a citizen from the internal affairs bodies, then there is a chance to receive insurance payments from the bodies of the Ministry of Internal Affairs.

Decree of the Government of the Russian Federation dated July 29, 1998 No. 855 recorded a list of injuries for the payment of insurance to police officers. There are two categories of diseases that entail payments to the victim. Namely:

Disorders that were received as a result of an insured event and are its integral consequences (wounds, injuries of any severity).
The consequences that occurred as a result of the damage received (dismissal from service, disability, disability, death).

The amount of insurance payments to police officers depends on the severity of the injury received, as well as on the consequences of the damage. Tellingly, the period of service in the Ministry of Internal Affairs, as well as the title and rank received, do not affect the amount of monetary compensation for insurance.

Table "The nature of damage and the procedure for making material payments"

If during the year, after the occurrence of the insured event, the consequences for the victim have worsened, then the insurance company will have to pay an additional amount under the contract.

Insurance payments to employees of the Ministry of Internal Affairs in case of injury in 2018 are compensated to the victim himself. But in the event of the death of the insured person, the funds are transferred to the relatives of the deceased. Recipients include:

spouses;
parents;
Grandmothers and grandfathers;
minor children;
disabled children.

The insurance company is obliged to compensate for the damage caused to life or health in the event of insured events for military personnel, such as:

Death of a citizen during military service or participation in training camps;
Establishment of disability, which was the result of the performance of military duties;
Getting mutilated in the form of injuries, contusions or wounds during the service.

If the insured person dies within a year after the dismissal, and also if during the same period his disability is established, and the special medical commission confirms that the reason for this was participation in the training camp or military service, then the citizen will also receive the due him according to the law of payment.

At present, a special government decree has come into force, which lists diseases and injuries that provide material compensation to the military.

As for the amount of insurance payment to employees of the Ministry of Internal Affairs or military personnel, it is determined by the severity of the harm caused, which only a special medical commission is authorized to establish.

The amount that a citizen performing military duties will receive after the occurrence of an insured event depends on the severity of the damage caused to him.

At the same time, the basic amounts of insurance are prescribed in legislative acts.

The death of a soldier

If a citizen dies in the course of military service, training, or within 1 year after dismissal from injuries received in the performance of official duties, then his relatives will be paid 2 million rubles.

Establishment of disability

If the damage caused under the same circumstances did not result in death, but in the establishment of disability, then the payments will be: for the first group of disability - 1.5 million, for the second - 1 million, for the third - 0.5 million rubles.

In the future, the amount of monthly compensation will be 14 thousand rubles for the disabled of the first group, 7 thousand for the second and 2.8 thousand for the third.

Mutilation

Insurance against severe injuries or contusions received by a serviceman in the course of his service provides for the payment of 200 thousand rubles to him. In case of minor injuries, the insurer will give 50 thousand rubles.

Coverage base values are annually adjusted for inflation. In this case, the recalculation is carried out exactly on the day the payment is made.

To do this, the Government establishes an indexation coefficient, which is certified by the relevant resolution.

According to the rules of state insurance without fail, a soldier can receive a payment under the following circumstances.

For a conscripted employee, an insured event may be his dismissal from service before the predetermined period, the reason for which was a concussion, injury, physical injury or a complex, long-term illness. In this situation, the person will receive a payment in the amount of five of their salaries.

If an employee has received a serious injury, then he has the right to receive ten salaries, if light or moderate, then he will be paid five salaries. Payment of insurance to a serviceman in case of injury is carried out if he was injured during the service or at the end of it, when no more than 12 months have passed from that moment.

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