The “Regulation on Determining the Degree of Occupational Work Capacity Loss of Insured Persons Injured as a Result of Workplace Accidents and Occupational Diseases,” approved by the Cabinet of Ministers on May 21, 2026, enables the implementation of a new and improved citizen-oriented assessment mechanism based on advanced international practices and innovative solutions.

The main feature of the Regulation is that different percentages of occupational work capacity loss will be assigned to people of different professions and age groups for the same disease or injury, reflecting a fairer approach in this field.

Until now, no legislative criteria existed in this area. To determine the degree of occupational work capacity loss, the employer’s written request together with an act confirming the occurrence of an occupational injury or a court decision, as well as a medical document issued by the Scientific Research Institute of Medical Prevention confirming the occupation-related health impairment, had to be submitted in paper or electronic form to the State Agency for Medical and Social Expertise and Rehabilitation under the Ministry of Labour and Social Protection of Population. The Agency then conducted an assessment and determined the degree of occupational work capacity loss.

This process had previously been carried out in accordance with paragraph 2.10 of the “Rules for Disability Assessment.” The new Regulation now enables this procedure to be governed by a unified normative document and implemented more efficiently, systematically, and transparently through e-systems.

According to the Regulation, the assessment of the degree of occupational work capacity loss will take into account:

• the percentage and duration of impairment of bodily functions;
• the severity level of professions (positions);
• the extent to which impairment of bodily functions affects different professions;
• the age of the injured insured person.

Under the new mechanism:

• The determination of the degree of occupational work capacity loss will be carried out by the State Agency for Medical and Social Expertise and Rehabilitation on the basis of a referral (Form 88) submitted through the “Labour and Employment” subsystem (ƏMAS) by the insured person and/or insurer, or through the insured person’s personal account on the “e-Social” internet portal (or on the basis of a court decision);

• Within 10 working days from the date the referral is received by the “Disability” subsystem, the Agency will notify the insured person, the policyholder, and/or the insurer through the e-system about the date and place of the assessment;

• The assessment will be conducted by the Agency’s Medical and Social Expert Commission, which will ensure the participation of the authorized representative of the policyholder and/or insurer during the determination process;

• When the degree of occupational work capacity loss is determined for the first time, the assessment will be conducted on the basis of documents confirming the causal link between the disease or injury and the resulting impairment, taking into account the percentage and duration of bodily function impairment, the severity level of professions, the extent to which the impairment affects different professions, and the age of the injured insured person.

It should be noted that if the degree of occupational work capacity loss is determined for a limited period, it will be reassessed upon expiry of the period if the disease, injury, or impairment continues.

If there are two different diseases, injuries, or impairments serving as grounds for determining this degree, the higher percentage of occupational work capacity loss will be applied.

The Commission will also determine whether the insured person requires additional expenses (treatment, supplementary nutrition, medication, rehabilitation equipment, etc.)