Russia: Bashkirskaya Med ordered to pay former worker compensation for moral damages caused by occupational disease
[Summary translation prepared by Business & Human Rights Centre]
Decision in Case No. 2-1494/2024 dated January 30, 2025 — on compensation for moral harm caused by an occupational disease
Claimant FIO1 filed a lawsuit against LLC Bashkirskaya Med seeking compensation for moral harm caused by an occupational disease, stating that he was employed by LLC Bashkirskaya Med from July 18, 2006, to September 30, 2024, as a driver of a BelAZ truck. The employment contract was terminated in connection with retirement (Clause 3, Part 1, Article 77 of the Labor Code of the Russian Federation). During the claimant’s employment as a BelAZ truck driver with the defendant, on November 15, 2023, a commission chaired by the head of the Directorate of the Federal Service for Supervision of Consumer Rights Protection and Human Well-Being of the Republic of Bashkortostan drew up an act confirming a case of occupational disease affecting FIO1.
Following an investigation conducted from January 11 to January 16, 2024, the commission established that FIO1 was suffering from two occupational diseases.
The occupational disease developed as a result of long-term (23 years and 1 month) exposure to a combination of harmful industrial factors, including physical overload and excessive physical strain. Thus, the main circumstances and conditions contributing to the development of the occupational disease were the severity of the labor process and design defects of machinery and equipment.
The court ruled:
The claims of FIO1 against LLC Bashkirskaya Med for compensation for moral harm caused by an occupational disease are to be partially satisfied.
To recover from LLC Bashkirskaya Med, in favor of FIO1, compensation for moral harm in the amount of 250,000 rubles (two hundred and fifty thousand rubles).