[Summary translation prepared by Business & Human Rights Centre]

Decision dated 15 April 2025 in case No. 176/557/25

In February 2025, the Zhovti Vody City Court of the Dnipropetrovsk region received a claim from PERSON against SE Eastern Mining and Processing Plant seeking compensation for moral damage caused by health impairment due to an occupational disease in the amount of UAH 250,000.

The claimant worked at SE Eastern Mining and Processing Plant from 15 April 1997 to 13 October 2015 in various positions and was dismissed by order dated 12 October 2015. The claimant’s employment at the Smolinska mine lasted over 18 years, including more than 16 years under exposure to harmful working conditions.

During this period, the claimant developed chronic occupational diseases. According to the investigation report (Form P-4) dated 23 June 2015, these conditions were caused by prolonged exposure to hazardous working conditions at the Smolinska mine, including heavy physical labor, elevated dust levels, and excessive industrial noise exceeding permissible limits due to deficiencies in the technological process.

Medical evidence confirmed a permanent 60% loss of working capacity, along with the need for ongoing treatment, including outpatient and inpatient care and periodic sanatorium treatment. The Medical and Social Expert Commission assigned the claimant Group III disability on an indefinite basis, with contraindications for work involving physical strain, dust, and noise.

The court ruled:

To partially satisfy the claim.

To recover from SE Eastern Mining and Processing Plant in favor of PERSON compensation for moral damage caused by health impairment as a result of an occupational disease in the amount of UAH 120,000, without deduction of taxes and other mandatory payments.

To recover from SE Eastern Mining and Processing Plant in favor of the state a court fee in the amount of UAH 1,211.20.