On compulsory insurance of employees against accidents at work

Unofficial English summary prepared for informational purposes. Official source: Әділет / adilet.zan.kz. Version checked: 2026-06-20. This is a reference card; in case of discrepancies, the official Kazakh and Russian texts prevail.

Metadata


Act number	№ 30-III
Act type	Law of the RK
Authority	Parliament of the RK
Adoption date	07.02.2005
Last amended	09.01.2026
Status	In force
Әділет identifier	Z050000030_

Scope and relevance

The law introduces compulsory insurance by the employer of liability for harm to an employee's life and health resulting from an industrial accident. For actuaries, the occupational-risk classes by type of activity are material — they form the basis of pricing.

Official source

Official source: Adilet / https://adilet.zan.kz/rus/docs/Z050000030_ The relevance of the editorial office has been verified: 2026-06-20.

Footnote: Footnote. Title as amended by the Law of the Republic of Kazakhstan dated December 30, 2009 No. 234-IV (to come into force on August 9, 2010).

Table of contents

Footnote: Footnote. Throughout the text of the Law, the words “civil liability of the employer for causing harm to the life and health of an employee during the performance of his labor (official duties)”, “employer’s liability” are replaced by the words “employee from accidents” by the Law of the Republic of Kazakhstan dated December 30, 2009 No. 234-IV (to be enforced from August 9, 2010). Note FROM! The Law is subject to amendments by the Law of the Republic of Kazakhstan dated January 16, 2026 No. 259-VIII (shall be enforced from January 1, 2027).

This Law regulates social relations arising in the field of compulsory insurance of employees against accidents, and establishes the legal, economic and organizational basis for its implementation.

Article 1. Basic concepts used in this Law

This Law uses the following basic concepts:

State Corporation "Government for Citizens" (hereinafter referred to as the State Corporation) is a legal entity created by a decision of the Government of the Republic of Kazakhstan to provide public services in accordance with the legislation of the Republic of Kazakhstan, organize work on receiving applications and issuing their results to the service recipient on the principle of "one window", ensuring the provision of public services in electronic form;

1-1) preventive measures - precautionary measures aimed at creating and improving safe working conditions;

1-2) annuity insurance contract (hereinafter referred to as the annuity contract) - an insurance contract, according to which the insurer is obliged to make insurance payments in the form of periodic payments in favor of the beneficiary within the period established by the contract;

1-3) organization for the formation and maintenance of a database - a non-profit organization created in the organizational and legal form of a joint stock company, one hundred percent of the voting shares of which belong to the National Bank of the Republic of Kazakhstan, carrying out activities for the formation and maintenance of a unified database on insurance in accordance with the Law of the Republic of Kazakhstan “On Insurance Activities”;

2) authorized state body for labor (hereinafter referred to as the authorized body) - a state body of the Republic of Kazakhstan that implements state policy in the field of labor relations in accordance with the legislation of the Republic of Kazakhstan;

2-1) pre-retirement annuity insurance contract (hereinafter referred to as the pre-retirement annuity contract) - an insurance contract that is concluded in favor of an employee engaged in work with hazardous working conditions, if the conditions specified in paragraph 1 of Article 195-1 of the Social Code of the Republic of Kazakhstan arise, according to which the insurer is obliged to make a monthly insurance payment in favor of the recipient of the insurance payment;

2-2) insurance payment under a pre-retirement annuity agreement - insurance payment to employees engaged in work with hazardous working conditions, upon the occurrence of the conditions provided for in paragraph 1 of Article 195-1 of the Social Code of the Republic of Kazakhstan;

3) professional ability to work - the ability of an employee to perform work of a certain qualification, volume and quality;

4) the degree of loss of professional ability to work - the level of decrease in the employee’s ability to perform labor (official) duties, determined in accordance with the legislation of the Republic of Kazakhstan;

5) occupational risk class - the level of industrial injuries and occupational morbidity, developed by type of economic activity;

6) insurance of an employee against accidents - a complex of relations to protect the property interests of an employee whose life and health were harmed during the performance of his labor (official) duties;

7) beneficiary - a person who, in accordance with this Law, is the recipient of the insurance payment;

8) insured event - an accident during the performance of labor (official) duties (accident) that occurred with an employee (workers) during the performance of his (their) labor (official) duties as a result of exposure to a harmful and (or) dangerous production factor, as a result of which an industrial injury, sudden deterioration in health or poisoning of the employee occurred, which led to the establishment of the degree of loss of professional ability, occupational disease or death, under the circumstances provided for in the article 16-1 of this Law, as well as when the conditions specified in paragraph 1 of Article 195-1 of the Social Code of the Republic of Kazakhstan arise;

8-1) unified insurance database (hereinafter referred to as the database) – a set of information (including in electronic form) about the insurer, policyholder, insured and beneficiary;

8-2) insurance ombudsman - an individual independent in his activities who resolves disagreements between participants in the insurance market in accordance with the Law of the Republic of Kazakhstan “On Insurance Activities”;

9) sum insured - the amount of money for which the insurance object is insured and which represents the maximum amount of liability of the insurer upon the occurrence of an insured event;

10) insurance premium - the amount of money that the policyholder is obliged to pay to the insurer for the latter’s acceptance of the obligation to make an insurance payment to the beneficiary in the amount determined by the contract of compulsory insurance of the employee against accidents;

11) insurance payment - the amount of money paid by the insurer to the beneficiary within the limits of the insured amount upon the occurrence of an insured event;

insurer - a legal entity that has received a license to carry out insurance activities in the “life insurance” industry in the annuity insurance class and this type of compulsory insurance on the territory of the Republic of Kazakhstan in the manner established by the legislation of the Republic of Kazakhstan;

13) insurer - an employer who has entered into a contract of compulsory insurance of an employee against accidents.

Article 2. Relations regulated by this Law

Note FROM! Paragraph 1 is amended by the Law of the Republic of Kazakhstan dated June 26, 2025 No. 198-VIII (shall be enforced from January 1, 2027).

This Law does not regulate the insurance of employees of state institutions against accidents during the performance of their labor (official) duties.

2. The conclusion by the employer of a contract of voluntary insurance of an employee against accidents does not relieve him of the obligation to conclude a contract of compulsory insurance of the employee.

Article 3. Legislation of the Republic of Kazakhstan on compulsory insurance of employees against accidents

The legislation of the Republic of Kazakhstan on compulsory insurance of an employee against accidents is based on the Constitution of the Republic of Kazakhstan and consists of the Civil Code of the Republic of Kazakhstan, this Law and other regulatory legal acts of the Republic of Kazakhstan.

2. If an international treaty ratified by the Republic of Kazakhstan establishes rules other than those contained in this Law, then the rules of the international treaty apply.

3. The provisions of this Law applied to the insurer, including the insurance organization, apply to branches of non-resident insurance organizations of the Republic of Kazakhstan opened on the territory of the Republic of Kazakhstan.

Article 4. State control and supervision in the field of compulsory insurance of employees against accidents

State control and supervision over the activities of insurance organizations is carried out by the authorized body for regulation, control and supervision of the financial market and financial organizations in accordance with the legislation of the Republic of Kazakhstan.

2. Control over the insurer’s compliance with the requirements of this Law is carried out by the authorized body.

Article 5. Object and subjects of compulsory insurance of an employee against accidents during the performance of his labor (official) duties

The object of compulsory insurance of an employee against accidents during the performance of his labor (official) duties (hereinafter referred to as compulsory insurance of an employee against accidents) is the property interest of the employee, whose life and health was harmed as a result of an accident that led to the establishment of the degree of loss of professional ability or his death, as well as when the conditions arise, provided for in paragraph 1 of Article 195-1 of the Social Code of the Republic of Kazakhstan.

2. The subjects of compulsory insurance of an employee against accidents are: the policyholder, the insurer and the beneficiary.

Article 6. Purpose and basic principles of compulsory insurance of employees against accidents

The purpose of compulsory insurance of an employee against accidents is to ensure the protection of the property interests of employees whose life and health were harmed during the performance of their labor (official) duties, through insurance payments.

2. The main principles of compulsory insurance of an employee against accidents are:

ensuring that the parties fulfill their obligations under the contract of compulsory insurance of the employee against accidents;

economic interest of employers in improving occupational safety.

Article 6-1. Features of compulsory employee accident insurance

Activities aimed at limiting or eliminating competition, providing or obtaining unjustified advantages in concluding contracts for compulsory insurance of an employee against accidents by some insurers over others, or infringing on the rights and legitimate interests of policyholders are not permitted.

Article 6-2. Information interaction

The authorized body, its territorial divisions, prosecutorial bodies, healthcare organizations, other government bodies and organizations that have information necessary to confirm the occurrence of an insured event and determine the amount of compensation for harm caused to the life and health of an employee are required to provide this information to the insurer, policyholder (beneficiary), and insurance ombudsman upon their application.

The organization for the formation and maintenance of the database interacts and exchanges data under contracts of compulsory insurance of employees against accidents with the authorized body through the integration of information systems.

Article 7. Liability subject to compulsory insurance by the employer

Footnote: Footnote. Article 7 is excluded by the Law of the Republic of Kazakhstan dated December 30, 2009 No. 234-IV (to come into force on August 9, 2010).

Article 8. Rights and obligations of the policyholder

The policyholder has the right:

to choose an insurer to conclude a contract of compulsory insurance of an employee against accidents;

2) upon the occurrence of an insured event, be present during the examination of the employee by the territorial division of the authorized body;

3) protect their rights and legitimate interests, as well as the rights and legitimate interests of beneficiaries in court;

4) demand from the insurer an explanation of the conditions of compulsory insurance, rights and obligations under the contract of compulsory insurance of the employee against accidents;

5) engage an independent expert to assess the insurance risk;

5-1) contact the insurer, taking into account the specifics provided for in Article 24-1 of this Law, or the insurance ombudsman or the court to resolve issues arising from the contract of compulsory insurance of the employee against accidents;

6) send the application and attached documents to the insurance ombudsman (directly to the insurance ombudsman, including through its Internet resource, or through the insurer, including through its branch, representative office, other separate structural unit, Internet resource) taking into account the features provided for by the Law of the Republic of Kazakhstan “On Insurance Activities”.

7) for reimbursement of costs for carrying out preventive measures and (or) rehabilitation measures in the manner determined by the authorized body.

2. The policyholder is obliged:

conclude an agreement on compulsory insurance of an employee against accidents with the insurer in accordance with the standard agreement on compulsory insurance of an employee against accidents, approved by the authorized body for regulation, control and supervision of the financial market and financial organizations;

1-1) conclude an agreement on compulsory insurance of an employee against accidents with the insurer during the first ten days of the month following the month in which the insured began operating;

1-2) submit an electronic application for concluding a contract of compulsory insurance of an employee against accidents in electronic form with the insurer in the case of state registration of the insured belonging to a small and medium-sized business through the “electronic government” web portal;

2) pay the insurance premium in the amount, procedure and terms established by the employee’s compulsory accident insurance agreement, and ensure the safety of all insurance documents he has in accordance with the legislation of the Republic of Kazakhstan;

2-1) within ten working days from the date of change in the professional risk class of the employee (workers), notify the insurer about this;

3) carry out measures aimed at preventing insured events;

4) immediately, but no later than three working days, as soon as he became aware of the occurrence of an accident, notify the insurer about it;

5) ensure an investigation into the circumstances of the occurrence of insured events with the mandatory participation of representatives of the authorized body and the insurer;

6) prove the occurrence of the insured event, as well as the losses caused by it;

7) provide the insurer, within the time period established by the contract, with documents and information on the beneficiary (including mobile phone number and (or) email address) necessary for calculating the insurance payment and concluding an annuity agreement;

8) ensure the timely conduct of mandatory medical examinations of employees in accordance with the Code of the Republic of Kazakhstan “On the health of the people and the healthcare system;

9) submit to the authorized body and healthcare organizations documents on the working conditions of employees that preceded the insured events;

10) train workers on-the-job in safe labor methods and techniques;

11) implement the decisions of the authorized body on the issues of prevention, prevention and investigation of accidents;

12) promptly inform the insurer about its reorganization or liquidation;

13) take measures to reduce losses from an insured event;

14) ensure the transfer to the insurer of the right of claim against the person responsible for the occurrence of the insured event;

15) conclude an annuity agreement in favor of an employee or a person entitled to compensation for damage in connection with the death of an employee in the cases provided for by this Law, within the limits of the insurance amount established by the contract of compulsory insurance of an employee against an accident;

15-1) conclude a pre-retirement annuity agreement in favor of an employee engaged in work with hazardous working conditions, in accordance with Article 23-1 of this Law and enter information into the information system on labor protection and safety;

16) within ten working days from the date of conclusion of the annuity agreement, provide a copy of it to the beneficiary in whose favor the annuity agreement was concluded.

17) within ten working days from the date of conclusion of the pre-retirement annuity agreement, provide a copy of it to the beneficiary in whose favor the pre-retirement annuity agreement was concluded.

3. The contract of compulsory insurance of an employee against accidents may provide for other rights and obligations of the insured that do not contradict the legislative acts of the Republic of Kazakhstan.

Article 9. Rights and obligations of the insurer

The insurer has the right:

participate in the investigation of insured events;

2) be present during the examination of the employee by the territorial division of the authorized body;

2-1) check the information for compliance with the assignment of types of economic activities to occupational risk classes in accordance with the staffing table or other information provided by the insured and (or) requested by the insurer;

3) check information on insured events and, if necessary, send requests to the relevant authorized bodies;

4) carry out inspections of the insured’s facilities to assess the insurance risk;

5) refuse insurance payment in cases provided for by the Civil Code of the Republic of Kazakhstan, the Social Code of the Republic of Kazakhstan and this Law;

6) give recommendations on preventing insured events;

7) engage an independent expert to assess the insurance risk;

8) a return claim to the person who caused the harm.

2. The insurer is obliged:

2) familiarize the policyholder with the terms of the compulsory employee accident insurance agreement and explain his rights and obligations arising from the compulsory employee accident insurance agreement;

3) upon the occurrence of an insured event, make an insurance payment and reimbursement of funeral expenses in accordance with this Law and the contract of compulsory insurance of the employee against accidents;

3-1) upon notification of an insured event (event considered as an insured event) that occurred during the period of insurance protection under the compulsory accident insurance agreement for an employee, immediately register it and submit information on this insured event (event considered as an insured event) to the organization for the formation and maintenance of a database in accordance with the regulatory legal act of the authorized body for regulation, control and supervision of the financial market and financial organizations;

3-2) if the conditions specified in paragraph 1 of Article 195-1 of the Social Code of the Republic of Kazakhstan arise, make monthly insurance payments under the pre-retirement annuity agreement in accordance with the concluded pre-retirement annuity agreement and this Law;

4) ensure the confidentiality of information about the policyholder and beneficiary obtained as a result of its activities;

5) if a decision is made to refuse an insurance payment, send to the beneficiary, within seven working days from the date of receipt of the application and all documents provided for in paragraph 2 of Article 20 of this Law, in writing a reasoned justification of the reasons for the refusal and a notice of the right of the insured (beneficiary) to contact the insurance ombudsman to resolve disagreements, taking into account the specifics of the legislation of the Republic of Kazakhstan;

5-1) upon receipt of an application from the insured (beneficiary), consider the requirements of the insured (beneficiary) and provide a written response indicating the further procedure for resolving the dispute within five working days;

5-2) upon receipt from the policyholder (beneficiary) of an application sent to the insurance ombudsman, redirect this application, as well as the documents attached to it, to the insurance ombudsman within three working days from the date of receipt;

6) reimburse the policyholder for expenses incurred to reduce losses in the event of an insured event;

7) excluded by the Law of the Republic of Kazakhstan dated December 30, 2009 No. 234-IV (to come into force on August 9, 2010);

8) excluded by the Law of the Republic of Kazakhstan dated 05/07/2007 No. 244;

9) in case of untimely payment of insurance payments provided for in paragraph 1 of Article 19 of this Law, pay the beneficiary a penalty in the amount of 1.5 percent of the unpaid amount for each day of delay.

10) reimburse the policyholder for the costs of carrying out preventive measures in the amount of no more than six percent of the insurance premium calculated as of the expiration date of the insurance contract;

11) reimburse the policyholder and (or) beneficiary for the costs incurred for carrying out rehabilitation measures in the amount of no more than six percent of the insurance premium calculated as of the expiration date of the insurance contract;

12) reimburse the beneficiary for the costs of sanatorium-resort treatment in an amount not exceeding one hundred times the monthly calculation index established for the corresponding financial year by the law on the republican budget.

An insurer licensed to carry out insurance activities in the “life insurance” industry in the annuity insurance class is obliged to conclude an annuity agreement in favor of an employee or a person entitled to compensation for damage in connection with the death of an employee in cases provided for by this Law, within the limits of the insured amount established by the contract of compulsory insurance of an employee against an accident.

An insurer licensed to carry out insurance activities in the life insurance industry in the annuity insurance class is obliged to conclude a pre-retirement annuity agreement in favor of an employee who has the right to receive insurance payments under a pre-retirement annuity agreement, in accordance with Article 23-1 of this Law.

The insurer is obliged, within twenty business days after the date of conclusion of the annuity contract, to notify the beneficiary (his legal representative) of the annuity contract concluded in his favor.

3. The contract of compulsory insurance of an employee against accidents may provide for other rights and obligations of the insurer that do not contradict the legislative acts of the Republic of Kazakhstan.

Article 10. Beneficiary rights

The beneficiary has the right:

to receive insurance payment in the manner and under the conditions established by this Law and the contract of compulsory insurance of the employee against accidents;

2) receive free information from the policyholder and the insurer about the conditions of compulsory insurance of the employee against accidents, as well as copies of annuity and pre-retirement annuity agreements concluded in his favor;

3) appeal decisions on the investigation of an insured event to the authorized body, court in the manner established by the laws of the Republic of Kazakhstan;

4) contact the territorial division of the authorized body on issues of medical and social examination;

5) inform the insurer about the occurrence of an insured event;

6) to participate in the investigation of an insured event, including with the participation of representatives of employees or their authorized representative;

7) contact the insurer, taking into account the specifics provided for in Article 24-1 of this Law, or the insurance ombudsman, the territorial division of the authorized state body for labor, the authorized body or the court to resolve issues arising from the contract of compulsory insurance of the employee against accidents;

send the application and attached documents to the insurance ombudsman (directly to the insurance ombudsman, including through its Internet resource, or through the insurer, including through its branch, representative office, other separate structural unit, Internet resource) taking into account the features provided for by the Law of the Republic of Kazakhstan “On Insurance Activities”.

9) for reimbursement of costs for rehabilitation measures and expenses for sanatorium-resort treatment in accordance with paragraph 2-1 of Article 19 of this Law in an amount not exceeding one hundred times the monthly calculation index established for the corresponding financial year by the law on the republican budget.

Article 11. Contract of compulsory insurance of an employee against accidents

Compulsory insurance of an employee against accidents is carried out on the basis of an agreement concluded between the policyholder and the insurer in accordance with this Law and the Civil Code of the Republic of Kazakhstan in favor of the employee, whose life and health may be harmed during the performance of his labor (official) duties.

2. The contract of compulsory insurance of an employee against accidents is concluded only with an insurer that has a license to carry out insurance activities in the annuity insurance class and this type of compulsory insurance.

The conclusion of such an agreement is mandatory for the insurer, except for cases provided for by the laws of the Republic of Kazakhstan.

3. The contract of compulsory insurance of an employee against accidents is concluded in writing.

The basis for concluding a contract of compulsory insurance of an employee against accidents is the application of the insured. The insurer has the right, in addition to the application, to require the submission of a staffing table or other information to verify the correctness of classifying the types of economic activities declared by the insured as professional risk classes.

The policyholder's application submitted electronically in accordance with subparagraph 1-2) of paragraph 2 of Article 8 of this Law must contain:

the estimated size of the annual wage fund and the total number of employees;
type of economic activity and class of professional risk according to the procedure for assigning types of economic activity to classes of professional risk.

The contract of compulsory insurance of an employee against accidents, concluded by submitting an electronic application, is signed using the electronic digital signature of the policyholder and the insurer.

Failure to comply with the written form of the contract of compulsory insurance of an employee against accidents entails its nullity.

The insurer is responsible for the incompleteness of the conditions to be specified in the contract of compulsory insurance of the employee against accidents. In the event of a dispute arising under a contract of compulsory accident insurance for an employee due to incompleteness of some of its terms, the dispute is resolved in favor of the insured.

4. In the event of loss of the insurance contract, the insurer is obliged, based on a written application from the policyholder, to issue him a duplicate of the insurance contract.

The costs of producing a duplicate of the insurance contract are reimbursed by the insured, while the total amount of reimbursed expenses should not exceed 0.1 monthly calculation index established by the law of the Republic of Kazakhstan on the republican budget for the corresponding financial year, as of the date of filing the application.

5. If a contract of compulsory insurance of an employee against accidents is concluded on conditions that worsen the position of the insured or beneficiary in comparison with that provided for by this Law, then upon the occurrence of an insured event, the insurer bears obligations to the insured and the beneficiary on the terms established by this Law.

6. The contract of compulsory insurance of an employee against accidents must contain:

name, location and bank details of the insurer;

2) last name, first name, patronymic (if any) and place of residence of the policyholder (if he is an individual) or his name, location and bank details (if he is a legal entity);

3) indication of the insurance object;

4) indication of the insured event;

5) the amount of the insured amount, the procedure and timing of the insurance payment;

6) the amount of the insurance premium, the procedure and terms for its payment.

If the insured has a branch (branches) carrying out (carrying out) activities different from the insured, the amount of the insurance premium is established separately for the insured and his branch (branches) indicating the class of professional risk according to the type of economic activity carried out by him (them) within the framework of one contract of compulsory insurance of an employee against accidents;

7) rights, obligations and responsibilities of the parties to the agreement;

8) cases and procedure for making changes to the contract and its extension;

9) date of conclusion and validity period of the agreement;

10) number and series of the insurance contract;

By agreement of the parties, other conditions may be included in the contract.

Article 12. Validity of the contract of compulsory insurance of employees against accidents

The contract of compulsory insurance of an employee against accidents comes into force and becomes binding on the parties from the date established by the contract of compulsory insurance of an employee against accidents.

2. The contract of compulsory insurance of an employee against accidents is concluded for a period of twelve months from the date of its entry into force, with the exception of the case provided for in paragraph 3 of this article.

The contract of compulsory insurance of an employee against accidents is valid for the entire period of insurance and does not terminate upon the first insured event.

3. When the employer carries out activities for a period of less than twelve months, the contract is concluded for the period of implementation of this activity.

Article 13. Termination of the contract of compulsory insurance of an employee against accidents

The contract of compulsory insurance of an employee against accidents shall terminate in the following cases:

expiration of the contract;

2) early termination of the contract;

the insurer makes an insurance payment (insurance payments) in the amount of the total insured amount established by the insurance contract.

2. Termination of a compulsory accident insurance agreement for an employee does not relieve the insurer of the obligation to make insurance payments to the beneficiary for accidents subsequently recognized as insured events that occurred during the validity period of the compulsory accident insurance agreement for an employee.

In the event of death or the degree of loss of professional ability of the injured employee is determined, the insurance payment is made by the insurer who has entered into a compulsory accident insurance agreement for the employee during the period of which the accident occurred.

In this case, the date of the accident is:

in case of death or determination of the degree of loss of professional ability of the employee as a result of an industrial injury - the date of the accident specified in the accident report;

when establishing the degree of loss of professional ability for an employee as a result of identifying an occupational disease - the date of the conclusion of the health care organization providing specialized medical care in the field of occupational pathology and examination.

Article 14. Early termination of the contract of compulsory insurance of an employee against accidents

The contract of compulsory insurance of an employee against accidents is terminated early in cases established by the Civil Code of the Republic of Kazakhstan.

Article 15. Invalidity of the contract of compulsory insurance of an employee against accidents

The grounds and consequences of invalidating an employee's compulsory accident insurance contract are determined in accordance with the Civil Code of the Republic of Kazakhstan.

Article 16. Sum insured

The insurance amount is determined by the contract of compulsory insurance of the employee against accidents, but should not be less than the annual wage fund of all employees at the time of concluding the contract of compulsory insurance of the employee against accidents.

2. The insurance amount is reduced by the amount of the insurance payment (insurance payments) and (or) funeral expenses, costs of preventive and rehabilitation measures provided for in accordance with Article 19 of this Law.

3. The insured amount may change if the annual wage fund of employees changes.

Article 16-1. Circumstances of occurrence of the insured event

The circumstances in which the accident led to the establishment of the employee’s degree of loss of professional ability or his death are provided for in paragraph 2 of Article 322 of the Labor Code of the Republic of Kazakhstan.

Article 17. Determination of the amount of the insurance premium and the procedure for its payment under the contract of compulsory insurance of an employee against accidents

The insurance premium under an employee accident insurance agreement is determined by agreement of the parties on the basis of the insurance tariff established by paragraph 2 of this article, multiplied by the insured amount under the insurance agreement.

When the insurer determines the annual wage fund, the monthly income of each employee is accepted to be no more than ten times the minimum wage established by the law on the republican budget for the corresponding financial year, multiplied by twelve.

If during the term of the insurance contract the wage fund and (or) the number of employees change, then by agreement of the parties, changes are made to the insurance contract (in terms of the amount of the insured amount and the insurance premium) by concluding an additional agreement for the period of validity of the main contract. The insurance premium is calculated based on the amount of changes in the wage fund and the period remaining until the end of the main contract. The insurance rate is calculated in proportion to the remaining insurance period from the rate at which the insurance contract (main contract) was concluded.

If the insured submits an application for the purpose of concluding a contract of compulsory insurance of an employee against accidents in accordance with subparagraph 1-2) of paragraph 2 of Article 8 of this Law, the annual wage fund is determined based on the data specified in the insured's application.

2. Establish the following insurance rates, differentiated by type of economic activity, depending on the class of professional risk:

Professional risk class Insurance rate 1 0.12% 2 0.29% 3 0.48% 4 0.49% 5 0.52% 6 0.53% 7 0.54% 8 0.65% 9 0.56% 10 0.88% 11 0.75% 12 0.76% 13 1.29% 14 1.55% 15 1.13% 16 1.17% 17 1.21% 18 2.43% 19 1.75% 20 2.05% 21 2.54% 22 2.96%

2-1. If the amount of the insurance premium, calculated in accordance with paragraphs 1 and 2 of this article, is less than the minimum wage established by the law on the republican budget for the corresponding financial year, then the amount of the insurance premium under the contract of compulsory insurance of the employee against accidents is the minimum wage. In this case, the insurance amount increases in proportion to the increase in the insurance premium.

3. The procedure for classifying types of economic activities as occupational risk classes is determined by the authorized body.

If the policyholder carries out several types of economic activities, then he is subject to assignment to the professional risk class corresponding to his main type of activity.

If the policyholder carries out activities within the framework of an agreement for the provision of personnel services as a sending party, then it is subject to classification as a type of economic activity that has a professional risk class not lower than the professional risk class of the receiving party or the highest professional risk class of the receiving party, in accordance with the contracts concluded by it for the provision of personnel services.

In the case where the policyholder carries out several types of economic activities, evenly distributed in the total volume of production, it is subject to classification to the type of economic activity that corresponds to a higher class of professional risk. If the insured has a branch (branches) carrying out (carrying out) activities different from the insured, then it must be classified as the type of economic activity to which its professional risk class corresponds.

In this case, the branch (branches) must have confirmation of the type of economic activity carried out by it (them).

4. Payment of the insurance premium is made by the policyholder in a lump sum or in installments in the manner and within the time limits provided for in the contract of compulsory insurance of the employee against accidents. If the contract of compulsory insurance of an employee against accidents does not provide otherwise, then for late payment of the next insurance premium, the policyholder is obliged to pay a penalty to the insurer in the manner and amount established by the Civil Code of the Republic of Kazakhstan.

5. In the event of a change in the professional risk class of an employee during the validity of the compulsory accident insurance agreement for the employee, the insurance premium is subject to recalculation in proportion to the period remaining until the expiration of the compulsory accident insurance agreement for the employee.

Article 17-1. Adjustment factor to insurance premium

Footnote: Footnote. Title as amended by the Law of the Republic of Kazakhstan dated 02.07.2018 No. 166-VI (shall be brought into force upon the expiration of ten calendar days after the day of its first official publication).

If an insured event(s) occurred due to the fault of the policyholder during the validity period of the contract, then the insurance premium calculated in accordance with Article 17 of this Law is multiplied by an adjustment factor.

2. The adjustment coefficient is determined on the basis of the average annual number of injured workers during the last three years preceding the date of concluding the contract of compulsory insurance of the employee against accidents, and the corresponding total number of employees of the insurer on the date of concluding the contract of compulsory insurance of the employee against accidents. The values of correction factors are applied in the following sizes:

Average annual number of affected employees Total number of employees up to 100 from 101 to 500 from 501 to 1,000 from 1,001 to 10,000 from 10,001 to 20,000 more than 20,000 from 2 to 9 3 2 1.75 1 1 1 from 10 to 19 3.4 3.2 3 2.5 1.25 1.1 from 20 to 49 3.8 3.3 3.2 2.75 2.4 1.25 from 50 to 99 4 3.5 3.3 3 3.1 1.5 from 100 to 199 3.6 3.5 3.4 3 2 from 200 to 299 4 3.75 3.5 3.2 3 from 300 or more 4 3.8 3.6 3.5

2-1. In the absence of insured events during the last three years preceding the date of concluding the contract of compulsory insurance of the employee against accidents, the insurer has the right to reduce by no more than 10 percent the amount of the insurance premium under the contract of compulsory insurance of the employee against accidents, determined in accordance with Article 17 of this Law.

3. If the policyholder has a branch (branches) that carries out activities different from the policyholder, then the adjustment factor is calculated taking into account the average annual number of all affected employees and the total number of employees of the employer and its branch (branches).

4. To calculate the number of injured workers, the number of accidents that led to the determination of the employee’s degree of loss of professional ability to work from 30 to 100 percent inclusive, or to his death, is taken into account.

5. The procedure for applying the adjustment coefficient is determined by the regulatory legal act of the authorized body for regulation, control and supervision of the financial market and financial organizations.

Article 18. Determination of the amount of damage caused

Excluded by the Law of the Republic of Kazakhstan dated 05/07/2007 No. 244.

2. Harm caused to the life and health of an employee includes the material expression of harm associated with his death or with the determination of the degree of loss of professional ability, with the exception of harm associated with the temporary disability of the employee.

The amount of harm caused to the life and health of an employee is determined on the basis of documents submitted in accordance with this Law.

Article 19. Procedure for determining the amount of damage. Insurance payments under the contract of compulsory insurance of employees against accidents

The amount of damage associated with the loss of earnings (income) in connection with the death of an employee or with the establishment of the degree of loss of professional ability for work is determined in accordance with the requirements of the Civil Code of the Republic of Kazakhstan.

Compensation for damage associated with the loss of earnings (income) by an employee in connection with the establishment of the degree of loss of professional ability to work from five to twenty-nine percent inclusive, is carried out by the insured in accordance with the labor legislation of the Republic of Kazakhstan.

The monthly insurance payment due to the employee as compensation for damage associated with the loss of earnings (income) by the employee in connection with the establishment of the degree of loss of professional ability from thirty to one hundred percent inclusive, is carried out by the insurer.

The amount of average monthly earnings (income), taken into account for calculating lost earnings (income) subject to compensation, does not exceed ten times the minimum wage established for the corresponding financial year by the law on the republican budget, on the date of concluding the contract of compulsory insurance of the employee against accidents.

The amount of the insurance payment is made minus social benefits in case of loss of ability to work from the State Social Insurance Fund.

The insurance payment due as compensation for damage associated with the loss of earnings (income) by the employee in connection with the establishment of the degree of loss of professional ability for work for a period of less than one year is carried out by the insurer on a monthly basis on the basis of an annuity agreement. In this case, the first insurance payment is made by the insurer within seven working days from the date of submission of the documents provided for in paragraph 2 of Article 20 of this Law.

The insurance payment due as compensation for damage associated with the loss of earnings (income) by the employee in connection with the establishment of the degree of loss of professional working capacity for a period of one year or more is made in the form of annuity payments in favor of the employee for a period equal to the period for establishing or extending (re-certifying) the degree of loss of professional working capacity of the employee in accordance with the annuity agreement concluded with the insured in accordance with Article 23 of this Law, but not more than the period when the employee reaches retirement age established by the legislation of the Republic of Kazakhstan on social protection.

From insurance payments made by the insurer as compensation for damage associated with loss of earnings (income), mandatory pension contributions are withheld and transferred to the unified pension savings fund.

Insurance payment for compensation for harm associated with the death of an employee during an accident, as well as due to the deterioration of his health as a result of the accident, is carried out in the form of annuity payments in favor of persons who, according to the laws of the Republic of Kazakhstan, have the right to compensation for harm, within the period established by the Civil Code of the Republic of Kazakhstan.

In the cases provided for by this Law, other persons who are beneficiaries have the right to receive insurance payments.

The procedure for calculating annuity payments under an annuity agreement is determined by the regulatory legal act of the authorized body for regulation, control and supervision of the financial market and financial organizations.

In the event of liquidation of a legal entity recognized in accordance with the established procedure as responsible for damage caused to life and health, an annuity agreement is concluded with the injured employee or a person who, according to the legislative acts of the Republic of Kazakhstan, has the right to compensation for damage in connection with the death of the employee, in the manner prescribed by this Law.

2. Reimbursement for additional expenses caused by damage to the health of an employee in the event that the degree of loss of professional ability to work is determined, with the exception of the cost of paying for one sanatorium-resort treatment in accordance with paragraph 2-1 of this article, is carried out by the insurer on the basis of documents confirming these expenses, submitted by the employee or the person who incurred these expenses. In this case, expenses for medical care provided within the framework of the guaranteed volume of free medical care and in the system of compulsory social health insurance are not subject to reimbursement.

The total amount of insurance payments for compensation of additional expenses caused by damage to health cannot exceed the following amounts (in monthly calculation indices established for the corresponding financial year by the law on the republican budget):

when establishing the degree of loss of professional ability to work from thirty to fifty-nine percent inclusive - 500;
when establishing the degree of loss of professional ability to work from sixty to eighty-nine percent inclusive - 750;
when establishing the degree of loss of professional ability to work from ninety to one hundred percent inclusive - 1,000.

Insurance payments for compensation of additional expenses caused by damage to health are made by the insurer within the limits established by this paragraph within seven working days from the moment the employee or the person who incurred these expenses submits documents confirming these expenses.

Cumulative insurance payments for compensation of additional expenses caused by damage to health are made by the insurer for the corresponding initially established degree of loss of professional ability within the limits determined by part two of this paragraph.

2-1. After the initially established degree of loss of professional ability, the injured employee has the right to receive compensation for expenses incurred to pay for one sanatorium-resort treatment, regardless of the individual rehabilitation program of the injured employee.

Reimbursement of expenses incurred is carried out up to a hundred times the monthly calculation index established for the corresponding financial year by the law on the republican budget, on the basis of documents confirming these expenses.

2-2. Employees for whom the degree of loss of professional ability to work in the amount of thirty to one hundred percent inclusive was initially established before May 10, 2015 and extended (re-examined) without a period of examination in the period from May 10, 2015 to January 1, 2024, are entitled to receive insurance payments for a period equal to the period of extension (re-examination) of the degree of loss of professional ability of the employee.

Insurance payments specified in this paragraph are assigned from the date of application by the policyholder (beneficiary) with the submission of documents provided for in paragraph 2 of Article 20 of this Law.

3. In the event of the death of an injured employee, the person who carried out his burial shall be reimbursed by the insurer for funeral expenses in the amount of one hundred times the monthly calculation index established for the corresponding financial year by the law on the republican budget.

4. If the amount of the insurance payment (insurance payments) and (or) funeral expenses provided for in this article exceeds the amount of the insured amount established by the contract of compulsory insurance of the employee against accidents, the difference is paid to the insurer at the expense of the insured.

If the costs of carrying out preventive measures, taking into account the amount (amounts) of insurance payment (insurance payments) and funeral expenses, costs of carrying out rehabilitation measures, sanatorium-resort treatment, exceed the amount of the insurance amount established by the contract of compulsory insurance of the employee against accidents, then the costs of carrying out preventive measures are not incurred.

5. Costs associated with the transfer of insurance payments are borne by the insurer.

6. Reimbursement to the insured for the costs actually incurred by him for carrying out preventive measures is carried out by the insurer in the amount of no more than six percent of the insurance premium in the manner determined by the authorized body, subject to payment of the insurance premium in full and only upon expiration of the insurance contract.

Article 19-1. Peculiarities of making insurance payments under the contract of compulsory insurance of an employee against accidents

If the policyholder concludes an agreement on compulsory insurance of an employee against accidents with an insurer engaged in insurance activities in the “general insurance” industry, this insurer shall make the following insurance payments for:

compensation for harm associated with the loss of earnings (income) by the employee in connection with the establishment of the degree of loss of professional ability for work for a period of less than one year;

2) compensation for expenses caused by damage to the employee’s health upon the occurrence of an insured event.

The insurance payment due as compensation for damage associated with the loss of earnings (income) by the employee in connection with the establishment of the degree of loss of professional ability for a period of one year or more, as well as in connection with the death of the employee, is carried out by an insurance organization licensed to carry out annuity insurance, in accordance with the annuity agreement.

An insurer carrying out insurance activities in the general insurance industry is obliged, within seven working days from the date of receipt of the documents provided for in paragraph 2 of Article 20 of this Law, to transfer money to an insurance organization licensed to carry out annuity insurance in accordance with this Law.

2. If the insured concludes an agreement on compulsory insurance of an employee against accidents with an insurer licensed to carry out insurance activities in the “life insurance” industry in the annuity insurance class, insurance payments upon the occurrence of an insured event are made by this insurer in the manner prescribed by Article 19 of this Law.

Article 20. General conditions for making insurance payments

A claim for insurance payment to the insurer is made by the policyholder or another person who is the beneficiary, in writing, indicating the place of residence, contact telephone numbers of the beneficiary, bank details (if necessary), the procedure for receiving the insurance payment - in cash or by transfer to a bank account with the attachment of documents necessary for making the insurance payment.

2. The following documents are attached to the application for insurance payment:

in case of establishing the degree of loss of professional ability to work:

a copy of the insurance contract;

accident report;

a copy of the identity document of the injured employee;

a copy of the certificate from the territorial unit of the authorized body establishing the loss of professional ability to work;

a copy of a certificate from the territorial division of the authorized body about the need for additional types of assistance and care;

documents confirming the actual costs incurred for treatment (invoice, cash receipt, etc.);

a copy of a certificate from the territorial division of the authorized body on the amount of the assigned social payment in the event of loss of ability to work or refusal to assign it;

a copy of a document confirming the presence of an occupational disease, issued by a healthcare organization providing specialized medical care in the field of occupational pathology and examination;

a copy of a document confirming the amount of wages of the injured employee for the period he worked, but not more than twelve months, certified by the employer;

2) in the event of the death of an employee:

a copy of the insurance contract;

accident report;

a copy of the employee’s death certificate or notification;

a notarized copy of a document confirming the beneficiary’s right to compensation for damage in the event of the death of an employee;

a copy of the beneficiary's identity document;

a copy of a document confirming the amount of wages for the period worked by the deceased employee, but not more than twelve months, certified by the employer;

3) documents confirming the expenses incurred by the policyholder in order to prevent or reduce losses upon the occurrence of an insured event, if any.

The insurer may not require additional other documents from the policyholder or beneficiary.

The documents provided for in part one of this paragraph are not submitted by the applicant if they are available (the information specified in them is available) in electronic form in databases and (or) information systems of state bodies, access to which is provided to the insurer by the organization for the formation and maintenance of the database.

In order to calculate the amount of insurance payment, the insurer has the right to receive documents (information specified in them) provided for in part one of this paragraph in electronic form from the database and (or) information systems of state bodies, subject to the written consent of the injured employee or his legal representative and compliance with the requirements of the legislation of the Republic of Kazakhstan on personal data and their protection and information containing secrets protected by law.

3. The insurer that has accepted the documents is obliged to draw up a certificate in two copies indicating the full list of documents submitted by the applicant and the date of their acceptance.

One copy of the certificate is issued to the applicant, the second copy with the applicant’s mark on its receipt remains with the insurer.

If the policyholder or other person who is the beneficiary fails to provide all the documents provided for in paragraph 2 of this article, the insurer is obliged to notify them in writing of the missing documents within three working days.

4. The beneficiary is the injured employee (in the event of his death, a person who, according to the laws of the Republic of Kazakhstan, has the right to compensation for damage in connection with the death of the employee), as well as the insured or other person who compensated the beneficiary for the damage caused within the scope of the insurer’s liability established by this Law, and who received the right to insurance payment.

5. Excluded by the Law of the Republic of Kazakhstan dated April 27, 2015 No. 311-V (shall be enforced upon the expiration of ten calendar days after the day of its first official publication).

6. When making an insurance payment, the insurer has no right to require the beneficiary to accept conditions limiting his right of claim against the insurer.

Article 21. Right of recourse against the person who caused the harm

Footnote: Footnote. Article 21 is excluded by the Law of the Republic of Kazakhstan dated December 30, 2009 No. 234-IV (to come into force on August 9, 2010).

Article 22. Grounds for exemption of the insurer from making insurance payments

The insurer has the right to fully or partially refuse insurance payment in cases provided for by the Civil Code of the Republic of Kazakhstan, as well as upon the occurrence of cases provided for in paragraph 3 of Article 186 of the Labor Code of the Republic of Kazakhstan.

Article 23. Conclusion of an annuity agreement

In the event of establishing or extending (re-examining) the degree of loss of professional disability of an employee or his death, the employer is obliged to conclude an annuity agreement in favor of the employee or a person who, according to the legislative acts of the Republic of Kazakhstan, has the right to compensation for damage in connection with the death of the employee, with an insurance organization chosen by the employer that has a license to carry out annuity insurance, taking into account the requirements of paragraph 1 of Article 19 of this Law.

2. An annuity agreement is concluded no later than five working days from the date of submission of the documents provided for in paragraph 2 of Article 20 of this Law.

3. An annuity agreement is concluded on conditions that ensure that the injured employee or persons entitled to compensation for damage in connection with the death of an employee receives income in the amount and terms established by the Civil Code of the Republic of Kazakhstan.

An annuity contract is concluded with an insurer that has entered into a contract of compulsory insurance of an employee against accidents during the period of which the insured event occurred.

4. The insurance premium under an annuity contract is not payable by the beneficiary.

5. The requirements for an annuity contract and the acceptable level of expenses of the insurer for conducting business under concluded annuity contracts are established by a regulatory legal act of the authorized body for regulation, control and supervision of the financial market and financial organizations.

Article 23-1. Conclusion of a pre-retirement annuity agreement

If there is an application from an employee to receive insurance payments under a pre-retirement annuity agreement and the conditions provided for in paragraph 1 of Article 195-1 of the Social Code of the Republic of Kazakhstan, the policyholder is obliged to enter into a pre-retirement annuity agreement in favor of the beneficiary with the insurer who has entered into a compulsory insurance agreement for the employee against accidents, during the period of which an event occurred that entails making an insurance payment under the pre-retirement annuity agreement annuity

2. The pre-retirement annuity contract is concluded no later than seven working days from the date the policyholder submits a notification through the information system of the authorized body to make an insurance payment under the pre-retirement annuity contract.

3. Insurance payments under a pre-retirement annuity agreement are made through a compulsory accident insurance agreement, under which the insurance premium is determined on the basis of the insurance tariff provided for in paragraph 2 of Article 17 of this Law.

4. The calculation of the insurance premium under a pre-retirement annuity agreement is carried out in accordance with the procedure determined by the authorized body for regulation, control and supervision of the financial market and financial organizations.

5. The requirements for a pre-retirement annuity agreement and the permissible level of expenses of the insurer for conducting business under concluded pre-retirement annuity agreements are established by the authorized body for regulation, control and supervision of the financial market and financial organizations.

Article 23-2. Organization of insurance payment under a pre-retirement annuity agreement

An employee has the right to an insurance payment under a pre-retirement annuity contract if the conditions specified in paragraph 1 of Article 195-1 of the Social Code of the Republic of Kazakhstan arise.

2. Insurance payment under a pre-retirement annuity contract is made from the date of application.

The day of applying for an insurance payment under a pre-retirement annuity agreement is considered to be the day of registration of the application and necessary documents or the day of receiving consent to make an insurance payment under a pre-retirement annuity agreement through a proactive service in accordance with the Law of the Republic of Kazakhstan “On State and Socially Responsible Services”.

3. The monthly amount of insurance payment under a pre-retirement annuity contract is one amount of the subsistence minimum established for the corresponding financial year by the law on the republican budget.

Insurance payment under a pre-retirement annuity contract is carried out taking into account changes in the cost of living established for the corresponding financial year by the law on the republican budget.

4. Insurance payment under a pre-retirement annuity agreement is made until the recipient reaches retirement age established by Article 207 of the Social Code of the Republic of Kazakhstan.

5. The organization and implementation of insurance payments under a pre-retirement annuity agreement are made through the State Corporation.

6. Payment for the services of the State Corporation for organizing and making insurance payments under a pre-retirement annuity agreement is made at the expense of the authorized body.

7. The procedure for making, suspending, renewing and terminating insurance payments under a pre-retirement annuity agreement is determined by the authorized body for regulation, control and supervision of the financial market and financial organizations in agreement with the authorized body.

Article 24. The procedure for examining an employee to determine the degree of disability

Each accident that caused the employee(s) to lose their ability to work for more than one day, in accordance with the medical report, is documented in an accident report in the manner established by the legislation of the Republic of Kazakhstan.

2. An examination of an employee to determine the degree of disability is carried out by a territorial division of the authorized body upon the request of the policyholder, insurer or employee or by court decision in accordance with the legislation of the Republic of Kazakhstan. The basis for the examination is the conclusion of the health care organization and the accident report.

Examination of an employee to determine the degree of disability as a result of an accident or occupational disease, as well as determination of the need for additional types of assistance and care, is carried out through a medical and social examination in accordance with the legislation of the Republic of Kazakhstan on social protection.

The list of occupational diseases is approved by the authorized body in the field of healthcare.

Article 24-1. Peculiarities of resolving disputes regarding compulsory employee accident insurance

If there is a dispute arising from a contract of compulsory insurance of an employee against accidents, the insured (beneficiary) has the right:

send to the insurer (including through a branch, representative office, Internet resources of the insurer) a written application indicating the requirements and attaching documents confirming its requirements, or send an application to the insurance ombudsman (directly to the insurance ombudsman, including through its Internet resource, or through the insurer, including through its branch, representative office, other separate structural unit, Internet resource) or to the court to resolve disputes arising from the contract compulsory insurance of an employee against accidents, taking into account the features provided for by the Law of the Republic of Kazakhstan “On Insurance Activities”.

2. The insurer, upon receipt of an application from the policyholder (beneficiary), within five working days, considers and provides a written response indicating the further procedure for resolving the dispute.

3. If the policyholder (beneficiary) applies to the insurance ombudsman, the insurer is obliged, at the request of the policyholder (beneficiary), the insurance ombudsman, to submit documents related to the consideration and resolution of the dispute within three working days from the date of receipt of the request.

Article 25. Dispute resolution

All disputes arising between the subjects of compulsory insurance of an employee against accidents regarding the implementation of this Law are resolved in accordance with the legislation of the Republic

Kazakhstan.

Article 26. State statistical reporting of subjects of compulsory insurance of employees against accidents

Footnote: Footnote. Article 26 was excluded by the Law of the Republic of Kazakhstan dated March 19, 2010 No. 258-IV.

Article 27. Liability for violation of the legislation of the Republic of Kazakhstan on compulsory insurance of employees against accidents

Persons guilty of violating the legislation of the Republic of Kazakhstan on compulsory insurance of employees against accidents bear liability established by the laws of the Republic of Kazakhstan.

Article 28. Procedure for the entry into force of this Law

This Law comes into force on July 1, 2005.

President of the Republic of Kazakhstan