What are the risks for an employer if an employee receives a work-related injury? What to do if an employee is injured at work Deadline for filing a work injury claim

The term “industrial injury” means an employee receiving an injury (damage) at work due to an accident with consequences such as the employee’s loss of ability to work (permanent/temporary), the need for his transfer to another job, or his death.

How are such injuries documented, and what can an employee expect?

What is a workplace injury?

According to Article 5 of Federal Law No. 125 dated 07/24/98, every employee who has entered into an agreement/contract with the employer (including students in practice) must be insured against work-related injuries or occupational diseases. Insurance is a guarantee of compensation for damage, regardless of whether the employee was injured directly at the workplace or on the way to it.

What are considered work-related injuries? We study the “letter of the Law”...

Injuries received at work, but not related to production - household injuries of an employee

1. Received on the way to work (or from work) on public transport, on foot or in a personal car (without an agreement with management).
2. Received at a corporate event.
3. Acquired due to illness or suicide attempt and resulting in death.
4. Received due to alcohol or other intoxication of an employee (with the exception of a violation of the technology/process in which toxic substances were used).
5. Received when an employee committed a crime.
6. Obtained during a sports game on company territory.
7. Obtained during the manufacture of any items on the company's premises without the permission of management - for personal purposes.
8. Obtained as a result of using a company car without orders from management (for personal purposes).
9. Intentionally received (self-injury).

Documents, registration and investigation procedures

The phasing of management’s actions when an employee is injured is reflected in Articles 228-230 of the Labor Code of the Russian Federation, as well as in Regulation No. 1.

So, in the event of an accident involving an employee, the manager is obliged...

On a note:

1. There is no statute of limitations for investigating a work accident/injury. That is, if the manager conceals an injury received by an employee (or in case of violations in the investigation), the state labor inspector will carry out an additional investigation after a statement from the injured employee or his relatives.
2. The fine for the manager for concealing an insured event is up to 1000 rubles. (for officials), up to 10,000 rubles. (for legal entities).

Documents submitted by the employer to the insurance fund:

1. A copy of the contract or the employee’s work/book.
2. A copy of the work injury report.
3. Document on the payment period for benefits (approx. according to time/disability) due to injury at work.

Documents from the injured employee:

1. Application form.
2. Documents that confirm expenses for the employee’s rehabilitation (social, medical and professional).
3. Conclusion of a medical examination institution regarding the degree of loss of professional/work capacity.
4. Rehabilitation program.
5. The conclusion of a medical examination institution regarding the types of rehabilitation that the employee needs.

Documents for accident investigation (the list is determined by the chairman of the commission):

1. Work book (or contract).
2. Passport.
3. Job description.
4. Personal card form number T-2.
5. Time sheet.

Documents that will be required if an injury is recognized as a case subject to investigation:

1. Notification of an insured event in form 2.
2. Order on the appointment of a commission.
3. Documents that are investigation materials: photographs/video materials, diagrams, protocols for interviewing witnesses and the victim, medical report on injury (form No. 315/u), expert opinions, protocol for examining the scene of injury (form 7), research results and etc.
4. Accident (injury) report - form N-1 in 3 copies in case of an insured event. Mandatory - with the signatures of all members of the commission, approved by the head and sealed with the company's seal.
5. Conclusion of the state/labor inspector (note - f.5).
6. Report on the consequences of the injury and the measures taken (note f. 8).
7. Accident register (note f. 9).

What benefits is an employee entitled to in case of a work injury?

We remind you:

Employee's right to benefits after time/disability guaranteed by Article 5 of Federal Law No. 255 dated 12/29/06, but if an injury is recognized, the household employee is entitled only to regular benefits (Federal Law No. 125). In the event of a work-related injury, the employee has the full right to payment of lost earnings and all rehabilitation costs (Article 184 of the Labor Code of the Russian Federation).

All types of insurance coverage that are provided for by law (note Article 8 of Federal Law No. 125):

Benefit for temporary disability due to an accident at work

It is paid at 100% of average earnings. Moreover, the length of service of the victim in this case does not matter. The benefit is paid by the employer.

One-time insurance payment

It is paid by the Social Insurance Fund. The amount of payment is directly determined based on the degree of disability (max/amount - 64,400 rubles) by the medical and social examination institution.

Monthly insurance payment

It is also paid by the Social Insurance Fund. As for the size of the payment, it is determined as a share of average monthly earnings and, accordingly, the degree of disability. Its maximum size is RUB 49,520.

Payment of all additional/expenses for the rehabilitation of the insured employee

Paid by the Social Insurance Fund. This may include the following costs/expenses: treatment after injury, purchase of medications or items for personal care, provision of transport and technical equipment, rehabilitation. Vacation in addition to the main one for the duration of treatment + travel to the place of treatment and back is paid by the employer, who is reimbursed for the money spent afterwards from the Social Insurance Fund.

Compensation for moral damage

It is paid by the employer. And the amount of payment will be determined by the court.

Other compensations/payments , enshrined in the company's tariff agreement (in the collective agreement). The employer pays.

On a note:

If the victim works two part-time jobs, then a certificate of incapacity for work (as well as benefits) is issued to him at each place of work.

In this case, the first employer (who suffered the injury at work) prepares a set of necessary documents for the injured employee to provide to other employers.

The second employer, having received these documents and a certificate of incapacity for work, assigns a benefit to the victim within 10 days in the amount of 100% of average earnings and pays it on the day the salary is issued.

And finally, legal advice:

Record everything! Without a doctor's opinion, you can't expect compensation. Therefore, if surgical intervention is necessary, ask your doctor to confirm that the operation is necessary specifically in connection with an injury received at work.

During the course of their work, any employee can be injured.

The scene of the incident can be either at work or within the office.

In such a situation, the victim must immediately report the incident to his immediate supervisor.

Primary Responsibilities of Management:

• provide first aid if there is a need to transport the victim to a medical facility;
• take measures to prevent an accident;
• maintain the scene of the incident.

Find out more about what to do if you are accused of an accident.

The Labor Code obliges the employer to record and investigate every accident starring:

• employee of the organization;
• student undergoing internship;
• a convicted person forced to work;
• a citizen brought to public works in court.

It is important to determine the moment of injury. It is recognized as production if it occurred during the process:

• working hours - performing duties in accordance with the job description;
• actions on behalf of the employer;
• performance of work stipulated by the employment contract.

Find out more about the employment contract, its features and differences from the employment contract.

And on the territory:

• employer;
• when traveling to a place of work or on a business trip using the organization’s transport. If the movement was carried out by personal transport, written confirmation of the consent of the management is required;
• other territories if actions are justified in accordance with the employment contract.

Main types of injuries

Types of injuries that relate to industrial accidents can be divided into groups:

• bodily wounds, bruises, etc.;
• heat strokes;
• critical exposure to low temperatures;
• exposure to electric current;
• wounds caused by animals;
• damage due to emergency situations.

Important: the condition for recognition of an industrial injury is that the employee cannot continue to perform work functions temporarily or for a long time, as well as the fact of death.

Registration procedure

To obtain an official medical report on the victim, you must submit a request with reference to response form 315-U.

Classification of the severity of industrial injuries:

• lungs;
• heavy;
• fatal.

Important: When an employee is hospitalized, the request must be made on the first day - this is the employer’s area of ​​responsibility.

If a person is seriously injured or death occurs, it is the responsibility of management to send a report of the incident to government authorities:

• the prosecutor's office;
• unions;
• labor inspectorate;
• social insurance fund.

The message period is strictly limited by law - one day. Another duty is to notify the employee's next of kin of the accident.

To register a work-related injury, the organization immediately creates a commission.

The number of members is at least three, including a labor protection specialist, an employer representative and a trade union member. The committee is headed by the employer.

Important: if the case is serious or fatal, the commission includes members of regulatory state bodies chaired by a state labor inspector.

If desired, the victim or his representative may participate in the investigation.

The Labor Code regulates the period for conducting and registering an incident.

For minor injuries, the commission must complete the procedure within three days. In case of a serious incident, the law provides fifteen days.

During this period, members of the commission perform:

• collection of documents confirming labor relations. What to do if your work book is lost? See more details;
• interviewing the victim, eyewitnesses and officials;
• inspection of the scene of the incident, including photography, drawing up plans;
• other measures necessary to determine the causes of the incident.

Important: the investigation period can be extended to fifteen days by decision of the chairman of the commission. If necessary, obtain additional information as part of the investigation.

At the end of the event, a Certificate of the established form is drawn up and all materials are attached. The originals are sent to the victim and regulatory authorities.

The organization keeps records of industrial injuries in a journal of the established form.. The storage period for documents is 75 years.

How is sick leave paid?

Code 04 is indicated on the sick leave certificate, if there is a work-related injury.

Social insurance provides payment for the period of illness in the amount of one hundred percent.

Additional payments are possible in case of work injury:

• payment of expenses for social, medical and professional rehabilitation;
• monthly payments in case of disability;
• lump sum payments to relatives in case of a fatal accident.

Amount of payments and compensations

Sick leave for work-related injuries is paid by the employer.

All other payments come from the budget of the Social Insurance Fund.

The employee receives temporary disability benefits at all places of work.

The law sets the maximum monthly payment annually. In January 2016, the level was 65,330 rubles, from February to December 69,510 rubles.

The management of the organization in the local act has the right to provide additional payments to the injured employee.

Important: if law enforcement agencies establish the intent of the victim, he loses the right to social benefits.

Types of liability

Employer's liability

The Code of Administrative Offenses establishes the employer's liability for violations of labor safety standards.

The organization may receive a warning about the need to eliminate non-compliance with the law, or a fine.

For example, If an employee does not have special clothing, the employer may lose 150 thousand rubles.

Important: Concealing an accident from government agencies will entail penalties of five to ten thousand rubles.

There is no statute of limitations for filing work-related injuries. An employee can submit a request to investigate an incident to the organization or the labor inspectorate at any time.

Criminal liability measures are applied in cases of severe and fatal injuries due to the fault of the employer and officials. Possible sanctions for serious injuries:

• a fine of four hundred thousand rubles;
• correctional work;
• deprivation of liberty.

In case of death, imprisonment can reach five years.
apply to management in the usual manner, which is prescribed in the Labor Code. This could be a reprimand, reprimand or dismissal.

Employee Responsibility

Summing up the results of the investigation, the commission must determine the guilt of the victim himself.

Was it negligence or was there intent, which is extremely rare.

The employee’s guilt is determined as a percentage. It directly affects the amount of compensation payments.

The maximum reduction in insurance payment is 25%. The fault of the deceased employee does not affect financial assistance to dependents.

The investigation of any accident requires knowledge of labor laws.

In order to comply with all legislative norms and not receive complaints from the state labor inspectorate.

FAQ

Who is on the commission to investigate an industrial accident?

Establishing the facts of an injury that occurred at work is the responsibility of a special commission, which the employer is obliged to promptly create and approve its composition by order of the enterprise.

The commission must have at least 3 people, one of them is a representative of the employer or government agency, the other is an authorized representative of the trade union, and the third is an employee responsible for organizing labor safety in the organization (the person directly responsible for labor safety in the organization should not take part in the commission).

If there is an investigation into a group injury or injury with serious consequences (including death), in addition to the indicated persons, the commission includes:

• state labor inspector;
• authorized representative from the administration of the locality;
• representatives of regional branches of the trade union and social insurance.

If the consequence of an industrial accident was the death of 5 or more people, then in addition to those listed in the commission the following must take part:

• representative of the State Labor Inspectorate of Russia;
• representative from the all-Russian trade union.

The victim has the right to participate in the investigation of the work injury that occurred to him.

What is the procedure for reporting a work injury?

The procedure for reporting an accident at work is described in detail in Article 228.1 of the Labor Code of the Russian Federation.

In particular, if 2 or more employees were injured or a serious accident/fatality occurred, The employer must be notified of this within 24 hours:

• to the regional State Labor Inspectorate;
• to the district prosecutor's office at the place of the incident;
• to the administration (government) of the locality where the legal entity or individual entrepreneur is registered;
• if the employee was sent from another organization, then to his management;
• to the regional department of social insurance;
• to a higher government organization if the enterprise is engaged in a specific type of activity;
• to the regional branch of the trade union.

Contributions for injuries are funds sent through the Social Insurance Fund to an employee as compensation for harm to health caused in the performance of their work functions.

The employer is obliged to accrue a certain amount monthly in relation to the labor income received by the subordinate. It is influenced by many factors, including:

• availability of benefits on insurance premiums for injuries;
• Kind of activity;
• approved tariffs for insurance premiums for injuries.

Despite the transfer of the bulk of contributions to tax authorities, in 2019 the FSS continues to oversee the contributions in question. Therefore, there are some changes.

Let us recall that the features and rules for deductions for injuries are regulated by Law of 1998 No. 125-FZ.

Which object of taxation

The deductions under consideration are made provided that the employee has concluded:

1. employment contract (always);
2. civil contract (when such a condition is stipulated).

The employer contributes With insurance premiums for injuries in 2019, regardless of whether subordinates have citizenship of our country.

Within the framework of the relationship under consideration, the insurer is the Social Insurance Fund, and the policyholder is:

• legal entities (regardless of the type of ownership);
• owner of his own business;
• an individual who has signed an employment agreement with another person.

Deductions to the Social Insurance Fund for injuries come from different types of income: salaries, allowances, bonuses, compensation for unclaimed leave, as well as when paying wages in products. Exceptions to taxation for injuries are:

• government benefits;
• payments due upon liquidation of an enterprise or reduction of personnel;
• funds received for work in particularly difficult or hazardous conditions;
• material assistance provided in the event of force majeure;
• fees for completing training or advanced training courses, etc.

Which rates for insurance premiums for injuries

The rate for insurance of employees against accidents and occupational illnesses related to production activities is set in the range of 0.2 - 8.5%. It increases in proportion to the increase in the degree of risk to which the main activity of the enterprise is assigned. All these parameters are established by law.

In total, there are 32 tariffs, formed taking into account different areas of activity (Article 1 of Law No. 179-FZ of 2005). They characterize different degrees of risk and the corresponding percentage of contributions. Tariffs for insurance premiums for injuries in force in 2019 are presented in the table below (in %).

The class to which the activity of an enterprise belongs can be determined using two regulatory documents:

1. OKVED;
2. Classification of activities by risk (approved by order of the Ministry of Labor No. 625-n).

This information is reflected in the registration documents received when applying to the FSS.

How much to transfer

Employers must calculate monthly insurance premiums for injuries in 2019, taking into account accruals for the past 30 (31) days. This can be done using the formula:

FEE = B x TARIFF Where:

B– base for contributions for injuries. This is the amount of money received by the employee, on the basis of which the required value is calculated. The legislation does not provide for any restrictions on the amount. The calculation is made as follows:

B = Payments td/gpd – Payments n/a Where:

Payments td/gpd– funds paid to an individual in accordance with an employment (civil) contract.

Payments n/a– non-contributory payments.

On a note: when settlements with a person are made in kind, contributions are calculated for the amount of money specified in the agreement. VAT and excise taxes are also taken into account.

EXAMPLE

The travel agency "Prestige" offers vacationers excursion tickets, as well as places to stay and vehicles. OKVED – 63.30.2. In February 2019, employees received salaries in the total amount of 3 million 500 thousand rubles, including financial assistance of 32 thousand rubles. Determine the amount of insurance contributions to the Social Insurance Fund.

Read also What is the deadline for submitting insurance premium payments for 9 months of 2019?

1. 1. Let's calculate the base for calculating contributions:

B = 3,500,000-32,000 = 3,468,000 rubles.

1. According to the Classification of Activities by Risk, the travel agency "Prestige" is classified in class I of professional risk, which corresponds to a tariff of 0.2%. As a result, deductions for injuries are equal to:

CONTRIBUTIONS = 3,468,000 x 0.2 = 6936 rubles.

The Social Insurance Fund makes allowances or discounts for some enterprises. Therefore, the amount of final contributions may be further increased or decreased.

New data for discounts and allowances in 2019

Employers make “injury” contributions in accordance with insurance rates. However, a discount or surcharge may be applied to the tariff (clause 1, article 22 of the Federal Law of July 24, 1998 No. 125-FZ).

The size of the discount (surcharge) is determined by a formula that involves three indicators:

1. The ratio of the Social Insurance Fund's expenses for the payment of benefits for all insured events for the policyholder and the total amount of accrued contributions;
2. Number of insured events per thousand employees;
3. The number of days of temporary disability for the policyholder per insured event (excluding cases of death).

The average values ​​of these indicators by type of economic activity for 2019 were approved by Resolution of the Federal Tax Service of the Russian Federation dated May 31, 2017 No. 67. For example, for retail trade in food products, drinks and tobacco products in specialized stores, the indicated values ​​are 0.07, 0.46 and 48.67, respectively .

Which ones are there? benefits on insurance premiums for injuries

Organizations that pay contributions to the Social Insurance Fund on time and do not allow accidents or occupational illnesses to occur may qualify for a discount on contributions for injuries.

Please note that it is no longer possible to receive the benefit for 2019, since the application had to be submitted before November 1, 2017. But it will continue to operate in the future.

The size of the discount depends on various factors: the number of injuries per 1000 employees, days of incapacity for work in one case of injury, etc. Its maximum value is 40%.

When calculating contributions for disabled employees of groups I, II, III, the discount increases to 60%. The law does not require documentary evidence of rights to receive it.

EXAMPLE

Imperial-Stroy LLC offers services in the field of engineering and technical design (OKVED 74.20). The company was given a discount on contributions to the Social Insurance Fund - 25%. In March 2019, the company paid employees a salary of 320,000 rubles, as well as disabled people of groups I and II - 73,000 rubles. Determine the amount of contributions.

The activities of the company Imperial-Stroy LLC belong to class I of professional risk, for which the tariff is set at 0.2%. Taking into account the 25% discount, the rate will drop to 0.15% (0.2 – 0.2 × 25%).

Accident insurance premiums will be:

1. 1. for the main employees of the LLC:

320,000 × 0.15% = 480 rubles.

1. 1. for disabled workers (0.2 – 0.2 × 60% = 0.08%):

73,000 × 0.08% = 58.4 rubles.

1. total value:

480 + 58.4 = 538.4 rub.

The accountant of the Imperial-Stroy company must accrue contributions for insurance against accidents and occupational diseases in the amount of 538.4 rubles for March.

Labor legislation obliges employers to provide employees with safe conditions and labor protection in the organization. But, if you still could not avoid injury, then it is worth knowing in which cases the injury is considered work-related and in which it is not.

What is a work injury

The definition of an industrial injury is fixed at the legal level: this is harm to an employee as a result of an accident that occurred during working hours, on the way to or from work (Article 227 of the Labor Code of the Russian Federation).

Questions always arise regarding injuries sustained outside the work environment. In order for an injury to be considered work-related, it must meet the following criteria:

1. there was a direct performance of job duties specified in the job description, as a result of which the injury was sustained;
2. carried out the execution of instructions from the enterprise administration;
3. an accident that occurred on the way to work under certain conditions;
4. the injury occurred during a rest period or lunch break organized by the employer;
5. the injury occurred outside the enterprise, but the employee followed the employer’s instructions;
6. the injury occurred on a business trip or along the way.

If the accident occurred due to the fault of the employee, then this case is not considered as an injury received at work, and therefore does not imply compensation.

But it is still necessary to create a special commission to establish the causes of industrial injuries in each specific case, and it will help to defend your rights.

Not only those workers who work in production facilities with known hazardous working conditions, but also office workers can be injured.

The result of an industrial injury received both at the place of work and on the way to it may be the need to transfer the injured employee to another, easier job, as well as temporary disability or permanent loss of ability for work by the employee, in rare cases - death. An illness received as a result of performing work functions can also be recognized as a work injury.

Causes of industrial injuries and their participants

Injuries sustained at work have different reasons, among which are: failure to comply with safety regulations on the part of the employee, improper use of technical equipment, negligence of the employee, permission by the employer to carry out work by an unqualified specialist, failure to provide instructions, etc.

Participants in an industrial accident can be: the employee himself, the employer, a student undergoing an internship at work, a citizen involved in performing work (public works) on the basis of a judicial act, a convicted person who was involved in physical work in production.

Types of work injuries

All injuries received at work (depending on the type of damage) can be divided into the following types: electrical, chemical, temperature, technical.

In this case, it is not so much the type of damage that is of key importance, but the degree of injury received. Accordingly, depending on the last factor, work-related injuries are classified into mild injuries, for example, bruises, ordinary bone fractures, concussion, miscarriage, and severe injuries.

Severe injuries that pose a direct threat to the health and life of an employee include:

• complex bone fractures;
• injuries accompanied by blood loss of more than 20%;
• serious disruption of the functioning of internal organs;
• brain injuries;
• coma;
• damage to the cardiovascular system;
• burns and chemical burns;
• loss of vision, hearing or speech;
• mental disorders of a complex nature.

A separate line includes occupational diseases that lead to permanent impairment of the employee’s health, as well as partial or complete loss of ability to work.

Injury sustained on the way to or from work

An injury received by an employee on the way to the place of performance of work functions or from work home on the transport of the employer or his representative is automatically considered industrial.

If an employee was driving a personal vehicle and was injured, then it is considered work-related if:

1. the car was used by the employee to carry out the employer’s orders or for official purposes (as specified in the employment contract), when the work of such an employee involves official travel in accordance with his job description;
2. a corresponding order from the manager was issued;
3. the accounting department has a copy of the car’s registration certificate;
4. if the employee drove the car on the basis of a power of attorney;
5. The company keeps records of employee business trips (trips) in a personal car, for example, on the basis of waybills.

Thus, an injury received on the way to work, or from work home, while traveling on public transport, on foot or in a personal car, but without an agreement on this with the employer, is considered as domestic (Article 227 of the Labor Code of the Russian Federation).

Injury sustained during a business trip to the place of work

An injury sustained by an employee during a work trip (by car, on foot) to the place of work on the instructions of the employer will be considered an industrial injury. As a rule, such injuries occur among those workers whose work is traveling in nature, such as drivers, sales representatives and couriers.

The traveling nature must be documented at the place of work. As evidence, an employment agreement (contract, agreement), job description, business trip (trip) logbook, route sheets and others are provided.

An injury received by such an employee is recognized as an industrial injury if all the specified documents are available, the employment contract contains a provision regarding the traveling nature of the work, and it was received during the performance of labor functions.

Injury sustained by workers during a lunch break or during a “smoke break”

Employees can be injured while at work, but without actually performing work functions, both during lunch breaks and during so-called smoke breaks (smoking breaks), if such breaks (for eating, resting, smoking) are established by the employer . Grounds for establishing breaks provided for in the provisions of Articles 107, 108 and 227 of the Labor Code of the Russian Federation. At the same time, the time for providing such breaks and their duration are determined by the employer in the internal labor regulations, or on the basis of an agreement reached between the employee and the employer.

For example, when an employer, under the terms of an employment contract, provided employees with free food in a canteen located in a neighboring building. In the internal labor regulations, the employer recorded the time of the lunch break, and also transferred money for employee lunches to the bank account of the organization (canteen) providing the relevant services. The funds are transferred when the employees were actually at the workplace and went to lunch at the canteen chosen by the employer at the set time. If, on the way to lunch, an icicle falls on an employee and causes significant damage to him, or he slips on the porch of the dining room and breaks his leg, then these incidents can be classified as work-related injuries.

If workers receive similar injuries during the time period established for lunch, but on the way to the restaurant of their choice, and not to the canteen with which the employer agreed, then they will be recognized as domestic injuries.

The situation with smoking breaks is more complicated. In order for injuries sustained during a smoking break to be considered work-related, the following conditions must be met:

• the time of the break(s) for smoking and their duration must be adopted by the internal labor regulations;
• Special smoking areas must be equipped in accordance with the requirements of safety regulations, marked with “Smoking Area” signs;
• the presence of such places must be recorded in an independent document of the organization - the employer, with whom the employees are introduced against signature.

In accordance with these nuances, injuries received during a smoke break in a neighboring yard or a nearby square, received by workers who went out to smoke in the fresh air during an official break, are not recognized as work-related injuries. Such injuries are considered domestic injuries.

The injury was caused to the employee by other persons

In accordance with the provisions of Art. 227 of the Labor Code of the Russian Federation, an injury inflicted on an employee by another person is classified as bodily injury, which is considered both as domestic and industrial injuries, depending on the participants and the circumstances of the case. In each specific case, a complete analysis of the circumstances is carried out, the perpetrators and punishment are identified, and the possibility of compensation for material and moral damage is considered. Since there are many nuances in these situations, compensation is paid initially not at the expense of the employer, but at the expense of the Social Insurance Fund. Then, through the court, you can obtain compensation from the guilty person.

The injury occurred during a corporate event

Such injuries are always considered domestic, even if they occurred on the employer’s premises and during working hours.

For example, if employees were celebrating the approach of the New Year during the working day, and while setting off fireworks in the yard of the company-employer they received burns, then such situations are still classified as domestic injuries, even if their goal was to strengthen the corporate spirit.

Should you look for a solution yourself or entrust the work to a lawyer?

It is better to entrust the work on labor law to a lawyer or lawyer. Believe me, he knows the subtleties and nuances that will help you not only save time, but avoid critical mistakes. And you can find experienced lawyers from any city in Russia on YurProvodnik.

Moreover, the following situations do not apply to industrial accidents:

• death of an employee due to illness or suicide, confirmed by a health care institution and investigative authorities;
• death of an employee or harm to health, the sole cause of which was alcohol or other toxic intoxication not associated with violations of the technological process (using toxic substances);
• an accident that occurred to an employee due to his commission of a criminal act.

Conclusions:

1. Each case of injury to an employee is reviewed and investigated on an individual basis.
2. It is important to take into account all the conditions the presence of which recognizes a particular injury as a work-related injury, which means that the employee can count on certain payments.
3. In order for an injury received on the road to fall under the definition of an industrial injury, it is necessary that the employee travel to the place of performance of work functions in the transport provided for these purposes by the employer or use his own vehicle, the use of which for official purposes is specified in the employment contract.
4. An injury sustained during a business trip will be considered work-related if the traveling nature of the work is provided for in the employment contract.
5. Injuries received during corporate holidays, or during the period of clarification of relations between employees, are not labor injuries, but fall under the category of domestic ones.
6. The result of an industrial injury may be the need to transfer the injured employee to another, easier job, as well as temporary disability or permanent loss of ability for work by the employee, and in rare cases, death. An illness received as a result of performing work functions can also be recognized as a work injury.

An industrial injury is a very unpleasant phenomenon for both the injured worker and the employer. However, this does not happen very rarely, and at work a person is not insured against receiving various physical injuries, even with the most careful observance of labor safety rules at the enterprise. An injury is called work-related if it occurs during:

• the employee performs labor functions at the workplace and during working hours;
• traveling to and from work using transport provided by the employer, or using personal transport with the consent of the employer;
• break for rest and food;
• , including during the journey;
• carrying out instructions from the employer outside of the workplace;
• during the rest period between shifts.

Please note that in some cases, an injury sustained during working hours is also classified as a non-work related accident. For example, injuries the sole cause of which was either the death of an employee due to a general illness or suicide.

What should the management of the organization do?

First of all, the injured worker must be given first aid, or, depending on the severity of the injury, call an ambulance. When delivering the victim to a medical organization, wait for him to be examined and obtain a medical report on the nature and severity of the work-related injuries received.

You will also have to take the necessary actions to eliminate the factors whose impact injures people.

Maintain the situation at the scene until the accident investigation begins. If this is not possible or could result in an accident or injury to others, record the situation by drawing a diagram, taking photos or filming. Identify witnesses to the accident - their testimony will play an important role in establishing the causes of the incident.

Then comes the paperwork for a work injury. An order is issued to create a commission to investigate the accident and the investigation begins directly.

Sample order for investigation

After completing the investigation, a report on the industrial accident is drawn up, which sets out in detail the circumstances and causes of the accident, and indicates the persons who committed the violations.

Sample accident report

What does an employer face in the event of a work injury?

The consequences for the employer depend on the severity of the employee’s injuries and the establishment of the causes of the incident.

In case of a group or serious accident (including a fatal accident), the investigation commission includes, in addition to the organization’s employees, representatives of the state labor inspectorate, the Social Insurance Fund, the regional trade union, and the local administration. Accordingly, the commission, as a rule, is initially unfriendly towards the employer and will try to find the slightest violations in order to accuse him of causing harm to the employee. When identifying the culprits of the accident, the commission will first require that they be brought to disciplinary liability. And then, depending on the violations committed and their consequences, the employer’s officials will be held accountable both administratively and criminally, up to and including imprisonment.

And for failure to provide workers, officials will be fined from 20,000 to 30,000 rubles, and legal entities - from 130,000 to 150,000 rubles (Part 4).

Violation of labor protection requirements committed by a person entrusted with the obligation to comply with them, if this entailed through negligence the infliction of serious harm to human health, is punishable by a fine in the amount of up to 400,000 rubles or in the amount of the wages or other income of the convicted person for a period of up to 18 months, or compulsory labor for a period of 180 to 240 hours, or correctional labor for a term of up to two years, or forced labor for a term of up to one year, or imprisonment for the same period with deprivation of the right to hold certain positions or engage in certain activities for a term of up to one year or without it (Part 1 of Article 143 of the Criminal Code of the Russian Federation).

And the same act, which through negligence resulted in the death of a person, is punishable by forced labor for a term of up to four years or imprisonment for the same period with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it (Part 2 of Art. 143 of the Criminal Code of the Russian Federation).

Violation of safety rules when carrying out mining, construction or other work, if this entailed through negligence the infliction of grievous harm to human health or major damage, is punishable by a fine in the amount of up to 80,000 rubles or in the amount of the wages or other income of the convicted person for a period of up to six months, or restriction of liberty for a term of up to three years, or forced labor for a term of up to three years, or imprisonment for the same term with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years (Part 1 of Article 216 of the Criminal Code RF).

The same act, which through negligence resulted in the death of a person, is punishable by forced labor for a term of up to five years or imprisonment for a term of up to five years with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years (Part 2 of Art. 216 of the Criminal Code of the Russian Federation).

In addition, the injured employee has the right to demand compensation from the employer for moral damage, the amount of which is determined by agreement of the parties or by the court.

Employers are forced to compensate the Social Insurance Fund for benefits to the families of workers who died as a result of work-related injuries

The Social Insurance Fund went to court with a demand to recover from the company the amount of compensation paid to the family of the deceased citizen. The deceased was a passenger in a company car that was involved in an accident due to the fault of the driver, also an employee of the defendant company. The FSS stated that the employer of the culprit of the accident and the owner of the source of increased danger is responsible for the occupational injury that occurred, and therefore is obliged to reimburse the Fund’s expenses incurred in paying compensation to the relatives of the deceased. The company, understandably, did not want to pay.

The final decision in this dispute was made by the Arbitration Court of the North-Western District. The Resolution dated 10/04/2018 in case No. A05-1284/2018 emphasizes that in this situation the recourse claim of the FSS must be satisfied, even despite the fact that in a particular situation the insured and the causer of harm are the same person. In such circumstances, the rules on liability for harm caused remain, so the employing company will have to reimburse the FSS expenses for paying benefits to the deceased in a recourse claim.

Let us note that in 2015, the Arbitration Court of the North-Western District made a completely different decision in a similar case. In particular, the Resolution No. F07-7344/2016 dated September 19, 2016 in case No. A66-13615/2015 stated that the employer is not obliged to compensate for the expenses of the Social Insurance Fund, since payment of compensation to the families of victims is the obligation of the Fund provided for by law.

Now, apparently, judicial practice is changing. Moreover, companies that are employers of citizens responsible for accidents, if a third party (who is not an employee) died, are almost always obligated to reimburse the Social Insurance Fund for the payment of benefits to the relatives of the victims (see Resolution of the Volga Region Autonomous District of July 14, 2017 No. F06 -22489/2017 in case No. A57-25387/2016, Resolution of the Arbitration Court of the Ural District dated July 23, 2018 No. F09-3590/18 in case No. A50-34340/2017).

How to try to avoid unpleasant consequences

No manager can be absolutely sure that his employee will not get injured at work, as they say, out of the blue. So it’s worth worrying in advance about avoiding negative consequences if an accident occurs, or at least minimizing them.

First, familiarize all employees with a signature indicating the date of familiarization. Conduct the necessary training and keep the documentation confirming this (as well as documentation of familiarization with the instructions) in a safe place. Remember that if your employee couldn’t stay on in fifteen-centimeter heels, fell down the stairs and broke her neck, then you will be to blame! Unless you prove that you have read the instructions, which say that you should wear sturdy shoes in the office and hold on to the handrails when going down the stairs.

Secondly, develop an algorithm of actions in case of an accident and communicate it to all employees, especially to lower and middle managers. Providing quick and skillful first aid to the victim will not only reduce the severity of the consequences of the injury, but may also save the person’s life. And preserving the situation of the incident and identifying witnesses will help to more accurately determine the causes and culprits of the incident, especially if the cause was the actions of the victim himself.

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