Sample claim for recovery of material damage from an employee in 2021 and 2021

How to file a claim for damages

The claim must include information such as:

information about the addressee : full name for an individual, name for a legal entity, address;
information about the applicant : full name, address, phone number;
information about the incident that resulted in damage;
information about the consequences of the incident;
information about losses incurred;
attachment : list of attached documents;
claim for damages : amount, procedure, terms;
signature and date.

In addition to damages, the claim may include the following:

reimbursement of other expenses , for example, for examination or legal services;
compensation for lost profits , for example, if during illness the victim lost possible income (Article No. 15 of the Civil Code of the Russian Federation);
compensation for moral damage (Article No. 1099 of the Civil Code of the Russian Federation).

How to write a complaint

The form and content of claims are not regulated by law. This means that they are compiled in any form.

In this case, the claim must contain justification for the stated requirements. Unfounded assurances about the presence of moral suffering are not taken into account. That is, moral suffering must be documented, for example:

extracts from the medical history;
checks for the purchase of medicines;
expert opinion of a psychologist, etc.

In addition, the claim must contain some kind of background history of the legal relationship that led to moral injury. The legal relationship may be based on:

contracts with the addressee of the claim that were performed improperly by him;
a criminal offense resulting in moral suffering to the author of the claim;
illegal dismissal;
slander, etc.

It is necessary not only to indicate the legal relationship itself, but also to describe it in detail. If we are talking about an agreement, then the date of its drafting and a description of the obligations of the counterparty will be required; if we are talking about a crime, then the date of its initiation and the date of the sentence passed by the court will be required.

Also, the claim must contain a description of the moral suffering itself, its consequences and the amount required by the author of the claim for compensation for moral damage.

Otherwise, the complaint is drawn up according to the general rules for writing complaints and should include:

name (full name) of the addressee of the claim;
name (full name) and details of the author of the claim;
date and signature;
a list of documents attached to the claim.

How to calculate the amount of a claim and what evidence is needed

Damage is calculated based on the characteristics of the object, as well as the damage received. That is, all figures should be documented.

, which can confirm their value, are suitable as evidence
In case of harm to health, medical certificates , contracts with medical institutions, and checks are used.

for calculations in relation to individuals, calculation methods are used based on the employment contract and pay slips of the victim;
In relation to legal entities, the situation is somewhat more complicated : experts are brought in to create a financial model that can reflect the amount of losses.

In addition, the following documents are attached to the claim:

results of examinations and expert opinions;
accident report (in case of an accident);
contract for legal services (if necessary);
photographs and videos confirming the damage .

Step-by-step instruction

If you decide to recover for moral damages from the employer through the court based on the facts of his unlawful action or, in accordance with the incident, harm caused to health (life), then you must contact the labor inspectorate, the labor dispute commission or directly to the employer with a warning that what do you:

You demand restoration of justice, with detailed justification for your position.
Otherwise you will go to court.
You intend to claim compensation for moral damages.

This action must be carried out as a mandatory pre-trial procedure. But don’t delay too much, as the statute of limitations may expire. It is advisable to contact the CTS at the enterprise, since after a refusal to fulfill the requirements, you will be given a reasoned conclusion, which you have the right to appeal.

Parties to the process

The parties to the process in this case are the employee (other person) and the employer who have entered into a conflict of interests. Typically, an employer accused of misconduct will be the defendant, and the plaintiff may be:

An employee whose rights were violated by non-payment of wages or illegal dismissal.
An employee who has suffered a work injury.
Relatives of a worker who died at work.

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When initiating a civil claim for compensation for moral damage, you need to simultaneously or knowingly file a claim for a decision through the court on the main issue, for example, reinstatement at work, payment of wages, or violation of safety regulations at work.

To do this, you need to collect documents in accordance with the specifics of your situation. These may include:

Acts on the occurrence of an accident.
Copies of local content safety regulations (if necessary).
Certificates from a medical examination, from a hospital or from a local doctor.
Death certificate (if necessary).
Other documents confirming the existence of an accident or a violation of safety regulations.

If the question is about illegal dismissal or non-payment of wages, then the following documents are required:

work book (copy) or dismissal order (copy);
a copy of the employment contract.

Evidence base

In addition, you need to submit other documents confirming the illegality of the dismissal, which will also serve as evidence. These may include certificates about family composition, the presence of disabled or non-working citizens in the family.

Documents can confirm the status of a parent with many children. In some cases of illegal layoffs, employees submit a copy of their work record book or a certificate from their place of work and indicate in the application that employees who came after them to the department do not have priority.

It is especially important to provide evidence that the person who was subjected to illegal dismissal or did not receive wages suffered and felt shame from his helpless and humiliating position.

Such facts can be confirmed mainly by testimony.

If we are talking about an industrial injury or death, then the necessary documents will be collected practically without your participation, and it will not be difficult to prove that you suffered from the pain of loss or physical pain.

Typically, judges take the side of the plaintiff, who finds himself in an undeniably deplorable state, trying to support him and help him adapt, including by obtaining compensation for moral damage.

A statement of claim for compensation for moral damage is drawn up according to the appropriate standard form, which must indicate the name of the court, the site, as well as detailed information about the parties to the lawsuit.

The main part of the application contains information about the fact of the incident, which is given briefly and with reference to a document determining the guilt of the defendant for the fact of the incident. Next, indicate how the incident affected your inner world, what feelings it caused, and what consequences occurred as a result of the experience.

You have the right to express your emotions and your experiences in the courtroom, to show your hurt and sadness. But first you need to express them in a statement of claim. You have to file a claim for damages:

Moral and material damage in one statement.
By submitting two applications simultaneously for different types of damage.
By filing an application for compensation only for moral damage.

Be sure to indicate the amount of the claim, indicated in rubles and written down in numbers and in words. Give a list of documents, sign and date.

Statement of claim for recovery of wages and moral damage - sample.

In your case, state duty will not be required for two reasons: in accordance with the list approved by the Tax Law and in accordance with Article 336.36 of the Tax Code of the Russian Federation, the following are exempt from tax:

Persons who have suffered from an unlawful act (inaction) and are seeking moral damages.
Labor plaintiffs.

The jurisdiction of a labor dispute lies with the arbitration court of general jurisdiction of the first instance at the location of the enterprise acting as the defendant (Article 35 of the Arbitration Procedure Code of the Russian Federation).

Sample letter (claim) for damages

The structure of the document can be as follows:

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The name and address of the person to whom the claim is being sent.
The name and address of the sender of the claim, his telephone number and email address.
A description of the incident that resulted in property damage to the person filing the claim.
The most detailed description of the consequences of property damage (for example, swelling of the laminate in a specific area as a result of flooding, the impossibility of further operating the car without replacing specific parts for a certain amount, etc.).
Links to the relevant provisions of the law (including Articles 15, 1064, 1068, 1079 of the Civil Code of the Russian Federation, Article 14 of the Law of the Russian Federation “On the Protection of Consumer Rights” dated 02/07/1992 No. 2300-I, etc.).
A list of the types of damage, losses and expenses for which compensation is required by the claimant, as well as their amounts. For example, in addition to property and moral damage, you can demand compensation for the costs of conducting an examination, legal services, etc.
Indication of the deadlines and procedure for sending a response to the complaint.
Indication of the terms and procedure for compensation of damages.
Signature of the submitter of the claim and the date of its submission.
List of applications. It is recommended to attach to the claim copies of documents that can confirm the fact of damage and its connection with the incident described in the claim, as well as the amount of damage caused and other associated losses and expenses. This could be an accident report, a certificate from a medical institution, an appraiser’s (expert) opinion, an agreement for the provision of consulting services, photographs of damaged property, checks, etc.

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Assessment of moral damage

The citizen himself can assess the moral damage caused to him at his own discretion. This is again due to the subjectivity of the assessment.

But for an objective assessment, there is a whole gradation of moral suffering.

Thus, moral suffering is diversified in accordance with the list given below:

minor suffering, that is, those that cause discomfort for a short time without affecting the quality of life;
average suffering, which, although it causes long-term psycho-emotional distress, does not affect the quality of life in terms of consequences;
severe suffering that may cause mental disorders and require medical treatment;
extremely severe suffering that destroys the personality, with the subsequent development of mental disorder;
suffering that causes personality disintegration.

As we can see, the gradation is based on the following evaluation criteria:

intensity of suffering;
duration of suffering;
consequences of suffering.

Returning again to our example, we can try to evaluate the moral suffering of the heroes of the example.

So, the first citizen, although he experienced discomfort, did not suffer, because he did not interrupt his vacation, did not try to change his number, and did not contact the operator. It would be a stretch to classify his discomfort as minor suffering if he could prove that he went swimming in the sea in a bad mood because of the blue curtains.

The second citizen, because of the blue curtains, interrupted his rest and was forced to be treated in the hospital. His suffering can be classified as moderate suffering.

With regard to claims and actions for the recovery of moral damages, one golden rule applies - ask for an inflated amount, thus leaving room for negotiations. We declare with full responsibility that no matter what amount the injured party indicates, the court, if the claim is satisfied, will reduce it to the minimum.

We are talking about claims because claims for moral damages are usually a waste of time.

In rare cases, the person to whom the claim has been made may offer a small amount of compensation. If it suits the author of the claim, then the task of the claim can be said to be completed. If moral damage is claimed for a large amount, and the proposed compensation is not satisfactory, then only the court can put an end to the dispute.

Under contracts regulated by the Law “On Protection of Consumer Rights”, the right of victims to file claims and claims for compensation for moral damage is not limited.

At the same time, practice shows that in 99% of cases the moral suffering of the victim is either considered insignificant, with minimal compensation being collected, or is not regarded as suffering at all.

• respectful and humane attitude on the part of medical and service personnel; • choice of doctor, incl. family and attending physician, taking into account his consent, as well as the choice of health care facilities in accordance with compulsory and voluntary health insurance contracts; • examination, treatment and maintenance in conditions that meet sanitary and hygienic requirements;

• holding, at his request, a council and consultations of other specialists; • relieving pain associated with a disease and (or) medical intervention, using available methods and means; • maintaining confidentiality of information about the fact of seeking medical help, health status, diagnosis and other information obtained during his examination and treatment;

• informed voluntary consent to medical intervention; • refusal of medical intervention; • obtaining information about one’s rights and responsibilities and the state of one’s health, as well as the choice of persons to whom, in the interests of the patient, information about the state of his health can be transferred;

• receipt of medical and other services within the framework of voluntary health insurance programs; • compensation for damage in the event of harm to his health during the provision of medical care; • admission to him of a lawyer or other legal representative to protect his rights; • admission to him of a clergyman, and on sick leave institution to provide conditions for the performance of religious rites, incl. to provide a separate room, if this does not violate the internal regulations of the hospital institution.

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In the event of a violation of the patient’s rights, he can file a complaint directly with the head or other official of the health care facility in which he receives medical care, with the relevant professional medical associations and licensing commissions, or with the court.

Who is making the claim?

Most often, the claim is made to the person or organization responsible for causing the damage. The addressees of the claim may also be:

parents (guardians, adoptive parents) of a minor guilty of causing damage;
parents (guardians, adoptive parents) of the person guilty of causing damage, but declared insane;
employer of the person responsible for causing the damage. Such claims are made if the damage was caused by a person who was performing his official duties (a tractor driver who mistakenly demolished a flowerbed, a trolleybus driver found guilty of an accident, etc.);
the owner of a source of increased danger (as a rule, this happens when recovering damages for an accident when the person responsible for the accident was driving someone else’s car);
parent organization in cases where damage was caused by a subordinate entity (branch, department);
government agency in cases where damage was caused by a government employee (for example, during illegal detention).

Should I wait for an answer?

There is a lot of advice on the Internet regarding the time frame within which a response to a claim should be received. However, timing matters then,

when filing a claim is required by law. And even in this case, the lack of a response does not affect the consideration of the case in court.

Expert opinion

Kuzmin Ivan Timofeevich

Legal consultant with 6 years of experience. Specializes in the field of civil law. Member of the Bar Association.

As a rule, responses to claims come from legal entities and government bodies, since the law obliges them to respond to any appeal from citizens within a period of 10 days to 1 month.

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_____________ year, you damaged a car of brand ___________, state registration plate “_______________”, which belongs to me by right of ownership, as a result of which you caused the following mechanical damage to the specified car: deformation of the front left door with a violation of the stiffener.

By damaging the car, you caused me significant material damage associated with the repair of the vehicle, amounting to _________ rubles ___ kopecks, which is confirmed by an expert opinion.

Article 1064 of the Civil Code of the Russian Federation provides that harm caused to the person or property of a citizen is subject to compensation in full by the person who caused the harm.

Article 15 of the Civil Code of the Russian Federation provides the following: a person whose right has been violated may demand full compensation for the losses caused to him, unless the law or contract provides for compensation for losses in a smaller amount. Losses are understood as expenses that a person whose right has been violated has made or will have to make to restore the violated right, loss or damage to his property (real damage), as well as lost income that this person would have received under normal conditions of civil circulation if his right was not violated (lost profits).

Thus, the above material costs incurred by me relate to the damage resulting from your commission of the above crime, which is subject to compensation by you in full. The total amount of material damage caused to me by the above-mentioned criminal offense committed by you is _________ rubles.

The current situation caused me great emotional anxiety, as well as moral suffering. To resolve this issue and protect my violated rights, I had to contact various authorities, on which I spent my personal and work time, as well as money.

Article 151 of the Civil Code of the Russian Federation provides the following: “. If a citizen has suffered moral harm (physical or moral suffering) by actions that violate his personal non-property rights or encroach on other intangible benefits belonging to the citizen, as well as in other cases provided for by law, the court may impose on the violator the obligation of monetary compensation for the specified harm.

».

In accordance with Art. 1101 of the Civil Code of the Russian Federation."

compensation for moral damage is carried out in monetary form. The amount of compensation for moral damage is determined by the court depending on the nature of the physical and moral suffering caused to the victim, as well as the degree of guilt of the harm-doer in cases where guilt is the basis for compensation for harm.

When determining the amount of compensation for harm, the requirements of reasonableness and fairness must be taken into account. The nature of physical and moral suffering is assessed by the court, taking into account the actual circumstances in which moral harm was caused and the individual characteristics of the victim.

».

I estimate the moral damage caused to me at ___________ rubles. I believe that this amount can partially reduce the moral suffering that was directly caused to me by the crime.

Based on the above, guided by Art. Art. 15, 151, 1064, 1101 of the Civil Code of the Russian Federation,

1. Pay in my favor in compensation for material damage, funds in the amount of _________ rubles.

2. Pay in my favor in compensation for moral damage caused by the crime, funds in the amount of _________ rubles.

If my proposals are not satisfied within 10 days, I will be forced to go to court with a demand for the recovery of funds, with legal costs charged to your account, and a claim for compensation for moral harm and damages.

In addition, I will be forced to file a complaint with the prosecutor's office regarding this matter.

We kindly request that you send a written refusal regarding the results of consideration of my proposals to the address: ___________________________ (mobile phone: ______________________).

"___" ________________ G. _______________/_____________/

Claim for damages

How to make a claim

The law does not establish mandatory requirements for the content of claims, but judicial practice indicates the need to comply with certain conditions, the presence of which affects the dispute process. If your dispute arose from an agreement that does not provide for a complaint form and mandatory requirements for it, then we recommend that you adhere to the drafting in accordance with the following structure.

Introductory part: describe the reasons for the dispute; characterize the contractual relations between the parties; list what actions were taken by the parties to the disputed agreement; indicate the addresses and contact details of the parties.
Reasoning part: refer to the legal norms that, in your opinion, the counterparty violated; make references to clauses of the contract that are not respected.
Final part: formulate your demand to the counterparty for financial or material compensation; it will be more convincing if the claim for damage to the property of a legal entity contains an estimate of losses; fix the period during which the other party must fulfill your conditions; indicate your right to go to court if demands are ignored; put your signature, date and seal (if its presence is provided for by the charter).

When writing, adhere to a formal business style. Avoid phrases with emotional connotations. Try to formulate the requirements in such a way that the entire letter is no more than two A4 pages.

The claim refers to documents that are expected to be used in court in the event of an escalation of the dispute. In this regard, we recommend sending supporting documents that the counterparty does not have. This action will bring clarity to the dispute and help lead to a settlement at the pre-trial stage.

IMPORTANT!

We recommend that you always send along with your complaint a document confirming the authority of the signatory (power of attorney, order of appointment to a position). This will eliminate the risk of an appeal against you in court with the fact that the letter was signed by a person who does not have the appropriate authority to do so, so the pre-trial procedure may be considered not to have been followed.

Procedure for filing a complaint

The claim for damages is drawn up in two copies. You can submit a complaint in the following ways:

hand over personally to the guilty party;
send by post.

When using the option of sending a claim by mail, you must use a registered delivery and delivery procedure for letters.

If the claim is transferred directly to the addressee, it is necessary to request that the guilty party record the date of its receipt on the copy remaining with the applicant.

Road traffic accident

If, after an accident or car accident, the insurance company underpaid the funds and there was not enough money to repair the car, or the payment was completely refused, you must:

Order an examination of the damage caused to the vehicle.
File a claim with the insurance company and offer a voluntary pre-trial resolution of the issue.
If you refuse to file a claim in court to recover underpaid or unpaid insurance compensation in full or loss of marketable value (TCV).

The vehicle's technical damage occurs due to the deterioration of the appearance and technical qualities of the car after an accident and repair, for example, when using low-quality or “foreign” spare parts. Insurance companies often do not make the required payment under the insurance policy, although the Supreme Court has recognized it as real damage subject to compensation.

Reimbursement of the vehicle must be made not only when making payments, but also when sending the car to a car service center.