Types of injuries at work are the main reasons for how to apply for and receive compensation payments. Is an injury on the way to work considered a work injury?

Injury at work is a common occurrence in our lives. Some get it because of their own negligence, others - through the fault of the employer. In any case, both the employee and the employer must know what to do in this situation. This article offers step-by-step instructions for work injuries for both parties. Timely and correct actions will help to avoid conflicts, misunderstandings and possible litigation in the future.

Legal framework for workplace injuries

Currently, in the Russian Federation, the issues of industrial injuries are regulated by the following legislative acts:

The Constitution of the Russian Federation, which guarantees every person the right to work in safe and hygienic conditions.
The Labor Code of the Russian Federation, which provides for the procedure for actions in case of an industrial injury and its registration.
Decree of the Ministry of Labor of Russia No. 73 of October 24, 2002, regulating the features of the consideration of injuries at work and the preparation of acts.
No. 225 of December 29, 2006, regulating the issues of compulsory insurance of citizens in case of temporary disability.
Order of the Ministry of Health of Russia No. 160 dated February 24, 2005, approving the list of injuries in which the injury is classified as severe.

What it is?

An occupational injury is an accident that results in physical and mental harm to an employee. This can result in temporary or permanent disability, the need to move to another position, disability and even death.

In order for an injury received at the workplace to be recognized as a work injury, it is necessary to accurately establish the place of its occurrence. To qualify as a work injury, it must meet one or more of the following conditions:

received on the territory of the employer in the performance of labor functions by the employee;
occurred during working hours, which also includes a break for lunch and rest;
received not on the territory of the employer, but in the performance of tasks and instructions of the employer;
occurred on the way to work (on a business trip) or back on the employer's transport or in a private car, the use of which is reflected in the documents of the organization.

If an employee was injured on the way to work in a personal vehicle and his use as a worker is not recorded in any work documents, such an injury will be recognized by law as domestic.

At the same time, the actions of the employee must be lawful, and he must not be in a state of intoxication, whether alcohol, toxic or narcotic.

Types of work injuries

According to Article 227 of the Labor Code of the Russian Federation, accidents at work include events as a result of which the injured employee (employees) received:

bruises, cuts, fractures and other injuries to any parts of the body, including injuries inflicted on the employee by another person;
burns;
heat or sunstroke;
drowning;
frostbite;
damage by radiation, lightning or electric current;
bites and other bodily harm caused by insects or animals;
damage due to the destruction of structures, structures and buildings, explosions, accidents, natural disasters, earthquakes and other emergencies.

This list is not exhaustive. Occupational injuries at work may also include other injuries resulting from the impact of external factors, in connection with which the employee has a temporary or permanent disability or death.

An on-the-job injury will not be considered a work-related injury if:

the injury was received by the employee when he committed actions (inaction) that are qualified by law enforcement agencies as a crime;
injury or death occurred due to drug, alcohol or other toxic intoxication or poisoning of an employee, if this injury is not associated with a technological process that uses any technical alcohol, narcotic, aromatic and other toxic substances;
death was due to a general disease;
death was due to suicide.

All the above facts must be confirmed in the manner prescribed by law by a medical organization, bodies of inquiry and investigation or by a court. As well as industrial injuries received at work, any of the above incidents is investigated by a special commission.

Classification of industrial injuries

According to the degree of harm caused, industrial injuries are divided into 3 types:

Mild degree - damage that does not require a visit to a doctor and does not entail serious disruptions in the functioning of the body (for example, scratches, abrasions, bruises, etc.). In this case, you can limit yourself to outpatient treatment.
Medium degree - injuries that require a visit to a doctor and inpatient treatment with the opening of a sick leave in case of an injury at work for a period of ten to thirty days (for example, sprains, broken limbs, frostbite, burns, etc.).
Severe degree - injuries that lead to serious (sometimes even irreversible) malfunctions of the body and disability, up to disability, for a period of more than thirty days (for example, craniocerebral injuries, serious fractures, profuse blood loss, mental disorders, severe burns, etc.). d.). In addition, such a type of work-related injury as an occupational disease is distinguished separately, i.e. a violation of the normal functioning of the body resulting from prolonged exposure to any harmful factors, as a result of which the employer is forced to remove the employee from his official duties for a certain time or forever .

Employer's first steps

Step-by-step instructions for a work-related injury at work include the following steps:

Call a physician to attend to an injured worker. If necessary, organize the transfer of the employee to the nearest medical facility.
Take the necessary actions to prevent the development of an emergency.
Fence off the scene of the incident in order to keep it intact. Exceptions are cases where inaction can lead to further development of an emergency.
Record the scene of the incident in the photo and videotape it (if necessary).
Notify the next of kin of the victim about the incident, as well as report it to the trade union and the insurance company. If there are several victims, the State Labor Inspectorate, the prosecutor's office, the Association of Trade Unions and the executive authority of the constituent entity of the Russian Federation are added to this list.

After completing the basic necessary steps, the employer needs to investigate what happened. To do this, it is necessary to create a commission of three people. According to Art. 229 of the Labor Code of the Russian Federation, this commission should include a labor protection engineer or another person performing these duties; employer representative and employee representative (trade union representative).

As a result of the investigation, the commission must draw up an act in the prescribed form (form H-1), which reflects all the necessary information, namely:

The circumstances and causes of the incident are established.
A person who has committed a violation of safety and labor protection requirements is identified.
The degree of connection between the employee's injury and his production activity is determined.
A recommendation is issued to eliminate the causes and prevent the emergence of new ones.
The accident that has occurred is qualified (whether the injury received is industrial or not).
It is established what is the degree of guilt of the injured employee in percentage terms, if it is established that the injury was received through his negligence.
Case investigation materials are being prepared.

Terms of investigation of the incident

The investigation of an incident, as a result of which the health of an employee (or employees) was slightly harmed, is carried out by a commission specially created for this purpose within three days, regardless of the number of victims. If, as a result of an injury, serious harm was caused to health or a death occurred, the investigation period is extended to fifteen days. If the employer was not informed about the work-related injury in a timely manner, or if the injured employee did not become incapacitated for work immediately, the investigation is carried out only at the request of the injured or his representative within one month. The deadlines may be extended by another fifteen days if additional verification is required or appropriate medical or other opinions are required.

If it is not possible to complete the investigation of what happened within any of the established deadlines due to the fact that the materials of the audit are found either in an expert organization, or in the investigation or inquiry bodies, or in court, the employer will agree with the indicated bodies on the decision to extend

Work injury. What should an employee do?

The main thing that every employee needs to know is that it is strictly forbidden to leave the territory of the employer in case of an industrial injury. Otherwise, the injury may be recognized as domestic, and the employee may count this working day as absenteeism. Therefore, if an employee is injured at the workplace, he needs to do the following:

How is an injury at work paid for?

Has an employee had an accident at work? Work injury compensation includes the following:

Payment for the period of temporary disability of an employee in the amount of 100% of his average earnings on sick leave.
One-time insurance payments.
Monthly insurance payments.
Compensation for medical and social expenses, as well as expenses for vocational rehabilitation.
Compensation for moral damage. Often, the employee can pay such compensation only through the courts.

In the event that the injury resulted in a fatal outcome, the relatives of the deceased employee are entitled to the payment of benefits for the loss of the breadwinner.

Payment for sick leave in case of an injury at work, insurance and compensation payments are made by the Social Insurance Fund (abbreviated FSS), the rest - by the employer. In addition, the employment contract, collective agreement or other local acts of the organization may provide for additional compensation payments to the injured employee.

If the employee's negligence contributed to the injury at work, the payments are reduced in direct proportion to the established fault.

If an employee's injury is recognized as not related to production, he will only be paid sick leave.

The procedure for processing documents in case of an industrial injury

To receive all the due payments, the employee must collect a list of documents, which includes:

application for payment;
an act on the investigation of an accident that happened to an employee;
expert opinion;
a copy of the employment contract;
a copy of the work book;
certificate of income for the period specified by the insurance company;
sick leave for an injury at work;
certificate of disability (if necessary).

In case of death, a death certificate must be submitted; medical opinion about its causes; documents confirming the cost of burial; a certificate of wages of the deceased employee and a certificate of his dependents.

Actions and liability of the employer in case of work injury

Often a situation arises when, as a result of an injury, an employee, due to medical indications, needs to be given another position or provide other working conditions. If the employee refuses to transfer, the Labor Code provides for two options for the employer:

If an employee needs to be transferred to another position for a period of not more than four months, the employer is obliged to remove him from the performance of labor functions, while retaining his place of work. As a general rule, wages are not accrued in this case, but other conditions may be fixed by local acts of the organization.
If an employee needs to be transferred to another position for a period of more than four months or on a permanent basis, the employer has the right to dismiss him in accordance with paragraph 8 of Art. 77 in connection with the refusal to transfer to another position, suitable for medical reasons, or due to the lack of one by the employer. If an accident occurs in the organization, but the employer at the same time complies with all labor protection measures, then he will not incur liability that is not provided for by standard payments. But if he hid a work injury or he did not comply with the conditions of labor protection, he will be held liable.

The most common violations among employers when revealing the fact that an employee has received an industrial injury are:

concealment of information that one or more employees in the organization received work-related injuries;
conducting an investigation of a case of injury at work in an improper way;
attempts to recognize the injury not as an industrial one, but as a domestic one;
understatement of the amount of compensation due to the employee;
refusal to pay compensation.

According to the Code of Administrative Offenses of the Russian Federation, the amount of a fine for one violation can reach one hundred and fifty thousand rubles. In case of several violations, the amount, respectively, will increase in direct proportion. According to the Criminal Code of the Russian Federation, violation of the necessary labor protection requirements threatens the employer with a fine, the maximum amount of which is four hundred thousand rubles, and other sanctions may also be applied to him. If an employee dies as a result of an injury, the employer faces up to four years in prison.

No one is immune from getting a work injury in the workplace. Therefore, the employee should remember that protecting his interests is his own responsibility. Employers, for the most part, are not interested either in investigating accidents that have occurred, or in paying various kinds of compensation for them. Therefore, everything related to an industrial injury must be documented. In addition, it is necessary to involve witnesses. Employers, on the other hand, need to remember that safety training for employees is an integral part of the labor process. Careful monitoring of its passage by all employees will significantly reduce the incidence of injuries in the workplace, as well as protect the employer from paying fines.

In this article we:

consider what industrial injuries are, what they are, in what cases injuries on the way to work are considered industrial;
find out what threatens the employer with an industrial injury at work;
determine how much time is given for the execution of documentation related to work-related injuries;
Let's figure out why employers and employees are equally interested in the timely registration of work-related injuries and the investigation of their causes.

What types of injuries exist

Occupational injuries include bodily injuries that workers may receive in the course of performing work on the instructions of employers. This can happen directly on the territory of the organization or outside it. At the same time, it is important that the victim performs work that is part of his job responsibilities or was entrusted by management. For example, if a courier, after a call from the boss, went to the store to buy paper for an office printer and sprained his leg, this would be considered an industrial injury. And if this happened when he went to the store for sausages for home dinner, then the injury at work will not be considered.

Does not apply to work-related injuries that occurred on the way to or from work. An exception is if the worker was traveling in a vehicle belonging to the enterprise, went on a business trip or a business trip, was heading to the place where the work will be performed, or back. Also, self-harm and injuries that occurred solely due to alcohol intoxication or toxicological poisoning of the victim (if this is not associated with a violation of technological processes at the enterprise) are not associated with the production.

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In order to properly organize the investigation of accidents, it is necessary to correctly classify injuries:

1. Fatal accident. This is the most annoying thing that can happen. When a fatal accident occurs, the organization creates a very serious commission, the chairman of which is necessarily a representative of the federal labor inspectorate. Fatal accidents are punishable by law.

2. An accident related to the category of severe. A severe accident is a case with 100% disability with a duration of treatment or transfer of an employee to another job. According to the order of investigation, a serious accident is equated to a fatal case. It also provides for criminal liability.

3. An accident related to the category of lungs. These are the most common accidents. When a person damaged something, broke something, he was treated, and there are no health consequences for him. An employee, as he worked in his profession, will continue to work in it. When a minor accident occurs, we create a commission at our enterprise, we do not invite anyone. There is no criminal liability in this case. In practice, there may be 10 accidents in an organization per quarter, and there will be no criminal liability.

4. Accidents related to the group category. This is when 2 or more workers are injured at the same time in an accident. The complexity of the investigation lies in the fact that some workers will have minor injuries, and their case will be equated to the category of "Minor accidents", while others will have more serious injuries. Accordingly, they are equated to heavy.

5. Microtrauma. From the point of view of legal law, the concept of "microtrauma" does not exist. There is the concept of "Injury without disability". A microtrauma is when an employee is injured and goes to a medical organization, they bandage him, treat the wound. At the same time, doctors say that you can work and there are no serious health problems. And this employee goes to work the next day. One and the same microtrauma can be significant for one worker, but not so much for another. The teacher cut his finger - he can continue his activities. But if an electrician cuts his finger, his professional activity remains in question. By the way, the State Duma is discussing a bill that will oblige managers to investigate and take into account all the microtraumas committed at the enterprise.

6. Hidden accident. For example, this happens when a worker is injured at home, and bleeding begins at work, and as a result, a dressing has to be done. In this case, the employee writes a statement and this case is not investigated. Administrative liability is provided for a concealed accident.

The conclusion about what kind of injury was issued only by a medical organization. So, something happened to the worker. We take him to a medical organization and ask them for an opinion on the degree, nature, and severity of injuries. Without this conclusion, we will not be able to create a commission.

Attention, there are cases when an employee injured himself, and the doctors said that the injury belongs to the category of lungs. He is treated for a long time, but does not recover. In this case, a minor injury can go into the category of severe. And worst of all, when severe injuries become fatal.

Occupational Injury: Employer's Responsibility

The employer is interested in conducting a high-quality investigation and timely execution of documents on work-related injuries no less than workers. He needs it in order to:

identify and eliminate previously unaccounted for hazards leading to injury to the worker. To this end, new technical solutions are applied, measures are introduced to improve the quality of labor protection training for workers, and unscheduled inspections of the condition of equipment and working conditions are organized. Qualitative elimination of existing hazards will help prevent similar accidents.
establish whether the injury is related to the production process. The Labor Code of the Russian Federation clearly defines situations in which an injury is considered work-related. For example, a work-related injury on the way to work will only be classified when it occurs while traveling in an organization-owned vehicle or on a business trip. Some unscrupulous workers try to pass off domestic injuries as work-related ones, so it is very important for the employer to establish the true circumstances and causes of the incident.
understand why an injury occurred: due to the fault of the employee, other persons, due to force majeure (for example, hurricane, flood, earthquake), etc. It is important to know this in order to properly work with employees who have committed violations: organize additional training, impose a penalty, assess compliance with their positions.
assign correctly work-related injury payments and compensation.

Industrial injury at work: what threatens the employer

If an occupational injury is recorded at work, the first thing that threatens the employer is to conduct a special assessment of working conditions at the workplace where the accident occurred, again. This must be done within 6 months of the day the injury occurred. The main trouble of this process for the employer is the material costs and the solution of a number of organizational issues.

This also includes the need to financially support the work of the NA investigation commission, organize and finance the activities that it needs to perform its functions: transporting members of the commission to the scene of the incident, conducting research, testing, measurements, attracting narrow specialists or specialized organizations.

The second thing that threatens the employer, at whose workplace an industrial injury was admitted, is the unscheduled inspection of the GIT associated with it. As a rule, this happens after group, fatal accidents, as well as cases of severe injury (especially when a person has lost his ability to work for a long time or remained disabled). Specialized supervisory authorities may also come with a check. For example, after an accident related to the maintenance of an electrical installation, inspectors from the State Energy Supervision Authority will also come for an inspection.

The list of what threatens an employer who has a work injury at work also includes administrative and criminal liability.

(penalties) are provided for:

concealment of the facts of injury to workers;
violation of the requirements of the legislation on labor protection;
failure to conduct or poor-quality conduct of a special assessment of working conditions;
failure to provide OSH training;
lack of organization of medical examinations;
failure to provide PPE and allow workers to perform work without them;
repeated violations of any of the above.

In the event of a repeated violation, the fine may be replaced by a temporary suspension of the activities of the organization or individual entrepreneur until the violations are eliminated. The maximum term is 3 months.

Occurs in the event of death or serious injury to the health of the worker, if:

during the investigation it will be proved that the injury was due to non-compliance with the requirements of OT by an official or employer personally;
violation of state requirements for labor protection.

This can be a large fine, correctional, forced labor or imprisonment.

It should be understood that the responsibility for various areas of ensuring the safety of production processes is usually assigned to the officials of the organization. Therefore, in case of injury to employees, it is these persons, and not the employer, who bear administrative and criminal liability. If the work injury occurred solely through the fault of the employee, he does not bear any responsibility for this. As punishment, the amount of payments for this injury is reduced to him (in accordance with the value of the percentage of guilt determined by the commission of inquiry).

How long does it take to complete paperwork for work-related injuries?

The time given to the commission to investigate and file a work injury depends on the severity of the accident. NS with minor injuries are investigated and processed in a maximum of 3 days, with severe injuries in 15 days. Accidents during which the victims received injuries incompatible with life are also investigated within 15 days.

Cases of injury, which the employer did not become aware of in time, are investigated within 1 month from the date of the victim's request. This happens when they try to hide the accident, or the consequences of the injury did not appear immediately (for example, a bone was punctured, which at first did not cause pain). At the same time, it does not matter because of what the work injury occurred: through the fault of the employee, his manager, or other persons. Investigation is ongoing anyway.

Industrial injury: guarantees to the injured

Of course, the victim is most interested in the timely detection and proper registration of the injury. This depends on:

health status. The sooner assistance is provided, the faster and better the recovery of the victim will be. Therefore, he does not need to agree to offers to take him to the hospital with his own transport, but it is better to immediately call an ambulance (if possible). This is also useful when a work injury occurs on the way to work and seems minor. In this case, it is also recommended to immediately go to the first-aid post for an examination.
calmness. It happens that pain does not appear immediately, but some time after the injury. If you fix what happened on time (for example, after falling down the stairs, go through an examination at the first-aid post), then if your health deteriorates, you won’t have to be nervous, proving to the commission that the injury really took place. Doing this when everything hurts is quite difficult, and the hassle will only prevent you from gaining strength and recovering.
payments and compensation. Payments under the National Assembly are made no earlier than the act H-1 is issued. The term for investigating injuries reported on time is 3-15 days, out of time - up to 1 month. Not all families can easily pay for expensive treatment (for example, a stay in intensive care), so it is better to secure financial support from the employer and the Fund as soon as possible.

A worker who has received an industrial injury is entitled to the following payments and compensations:

full sick pay;
if he is insured, then lump-sum and monthly insurance payments;
payment for treatment, rehabilitation, prosthetics, additional care (if necessary);
payment for travel to the place where treatment and rehabilitation will be carried out (for example, if you need to perform an operation in a specialized clinic out of town);
compensation for moral damage. This payment is easiest to receive for workers whose appearance has been severely damaged as a result of an injury (burn scars, large scars, body parts have been amputated) or bodily functions (for example, excretory, reproductive functions) have been impaired. It will be much more difficult to achieve compensation for non-pecuniary damage for injuries without visible consequences (for example, a broken arm).

In the event of a fatal work injury, the family members of the deceased receive payments and compensation. At the same time, his disabled relatives will receive regular payments until their ability to work is restored. For example, the payment will stop if the wife comes out of maternity leave or the child reaches the age of 18 (subject to admission to the institute for the full-time department - up to 23 years).

Getting injured at the enterprise is negative not only for the injured employee, but also for the employer. No matter how widespread the delusion, you can get injured not only in production, but also in the office. What to do in this case and where to turn?

Define the concept

An occupational injury is an injury of various types received by a person during working hours, including during a lunch break, during overtime work or on a business trip, even on the way to the office/enterprise and back home. Disability refers to damage to limbs and organs that occurred as a result of a sudden injury or illness that developed as a result of prolonged adverse exposure to the working environment at the workplace. An accident that occurred to a student during an internship at an enterprise is also considered an industrial injury.

Types and severity of damage

Work injury is divided into two types, which, in turn, differ in the degree of damage received by a person and the consequences after them. This may be the occurrence or exacerbation of diseases of a chronic and occupational nature, a long-term loss of legal capacity. The severity of work-related injuries also matters. As the main types, severe and light injuries are distinguished.

So, serious injuries at work are injuries that threaten the health and life of a person. These include:

pain shock;
loss of more than 20% of blood;
coma;
violation of the activity of important organs;
bone fracture with complications;
dislocations of the joints;
spinal injury;
brain damage;
mental disorders;
damage to blood vessels and arteries;
miscarriage and others.

Mild occupational injuries include:

normal bone fracture;
Crick;
concussion and others.

Injuries at work are diagnosed in a medical institution in which the injured employee is treated. The conclusion is issued at the request of the employer.

Depending on the type of injury, damage is divided into:

technical;
temperature;
electrical;
chemical.

An injury at work can be the fault of both the employee and the employer. This is determined further by the commission. For example, damage can be caused by non-compliance with safety rules in the workplace, or an accident at work can occur.

industrial diseases

Occupational diseases are employee health disorders that have arisen due to the systematic long-term influence of negative working conditions on the human body.

Such ailments are acute and chronic. Severe illnesses are health problems that appear unexpectedly. For example, within one working day under the influence of harmful production conditions.

If, due to harmful labor factors, several employees are ill at the same time, they speak of a group occupational disease.

If working conditions and the environment do not have a negative impact on the human body, do not lead to injury at work and the development of ailments of varying severity and nature, this is considered the maximum permissible level of the production factor.

Injuries at work can also be expressed in a disease characterized as acute - a burn of the organs of vision when working on a welding machine, poisoning with chlorine-containing drugs and other toxic fumes.

The development of chronic diseases caused by professional activities begins after frequent and long-term exposure to harmful factors in the workplace, such as vibration or noise from machinery.

Negative conditions can create:

workplace dusting - work in a mine or in the production of cement;
gas contamination - in the manufacture of bricks or work at a chemical enterprise;
humidity;
noise from technology;
vibrations;
heavy physical labor;
incorrect body position during sedentary work.

Under the influence of industrial negative factors, diseases such as noise and vibration disease, skin damage, problems of the musculoskeletal system, pneumoconiosis and other ailments can develop.

Causes of injury in the workplace

An injury at work can be obtained for several reasons, among them there are those that a person cannot influence in any way.

Technical

An industrial injury of this nature can be obtained due to the shortcomings of the technical base:

breakdowns in mechanisms and machines;
insufficient mechanization of the work process;
automation of the workflow in difficult conditions.

Sanitary and hygienic

This is a violation of sanitary standards, such as humidity and air temperature, the absence of household premises, an insufficiently equipped workplace and non-compliance with hygiene rules.

Organizational

This reason is connected with insufficiently good organization of the production process:

violations in the use of the technical base;
poor preparation for loading and unloading operations;
non-compliance with safety standards;
lack of proper instruction;
improper organization of the labor regime, etc.

Psychophysiological

This factor is associated with unlawful actions of an employee in the workplace:

appearing at work in a state of intoxication;
deliberate injury to oneself;
violation of work discipline.

In addition, reasons beyond the control of the employee include poor health, overwork, etc.

Actions

What should a person who has had an accident at work do? And what is required from the employer in this case?

The algorithm of actions is as follows:

It is necessary to inform the employer as soon as possible that an accident has occurred at work. If it is not possible to report the incident on your own, then it is necessary to transfer information through other persons, often these are witnesses of the incident. The employer, in turn, is obliged to provide first aid and organize the transportation of the victim to the nearest medical facility. Then he should report what happened to the Insurance Fund and start drawing up a protocol.
To investigate, it is necessary to create a commission consisting of three employees. In the process of investigating the degree of guilt of an employee or employer, the nature of the injury, eyewitness accounts are taken into account, various examinations and other methods of establishing the cause of the accident are carried out.
If the damage received is of a mild nature, then an act of work injury is drawn up within three days. If the injury is severe, the investigation may take up to 15 days.
The protocol received is the basis for issuing a sick leave for disability. The employer must decide on payments under this document or refuse them within 10 days.
In a situation where the victim is found guilty of what happened, but the employee himself does not agree with this, he has every right to challenge the decision in court.

Commission of Inquiry into the Case

According to Art. 229 of the Labor Code of the Russian Federation, the employer must convene a commission whose task is to investigate work-related injuries. It consists of at least three people. As a rule, the commission consists of employees representing the interests of the management, employees of the state. inspections, persons from the organization for labor protection, from law enforcement agencies, as well as a doctor. In a situation where an accident results in the death of an employee, employees of the prosecutor's office are involved.

The commission determines how guilty the victim is, based on the testimony of witnesses, studying the damage received, the results of the examination and the incident itself in all details. Payments for an industrial injury to the victim and the likelihood of paying for his therapy at the expense of the Social Insurance Fund depend on such factors. In the event that the injured worker violated safety regulations, the amount of compensation for treatment from the employer is reduced.

The length of the investigation may depend on the type and extent of the harm. If there is a slight damage to health, then the commission issues a conclusion within three days, and in case of a severe form, the process can take up to two weeks. In the event that the injury was initially determined to be minor, and after some time it became severe, the management of the enterprise must notify the members of the commission about this within three days.

Payments and compensation

Each person can count on receiving one-time assistance and a monthly allowance if he has an industrial injury.

Payments and compensation will depend on the degree of disability. Monthly benefits are calculated based on the amount set by the social insurance fund. They are paid throughout the entire rehabilitation period, from the day the fact of loss of working capacity is determined. The obligation to pay falls on the insurance company, not on the employer.

Temporary Disability Benefit

The employer must pay the injured employee sick leave in the amount of 100% of his average monthly earnings. The average monthly income is calculated for the previous 2 years. It is worth noting that the employer pays sick leave in the amount of 100%, regardless of the length of service. The disability certificate is paid by the employer, and after that the FSS reimburses the entire amount of payments, counting them as insurance payments to the OSS.

Payment of additional expenses

Additional expenses for the restoration of the employee are borne by the employer. At the end of the sick leave period, money is received from the FSS to the company's accounts - the entire payment. An industrial injury causes not only physical, but also moral damage.
He, too, must be compensated. The amount of the amount is determined by the court after the appeal of the victim.

Documents for registration

To process disability payments, the employer needs to collect a certain package of documents that are transferred to the life insurance fund:

copies of the contract or work book of the employee;
act on the fact of injury at work;
documents on the terms of payment of disability benefits at the enterprise.

The injured person prepares his package of documents:

application in the prescribed form;
documents confirming the fact of expenses for the treatment and rehabilitation of the employee;
honey. a conclusion issued by a medical institution on the presence of disability;
rehabilitation plan;
medical conclusion. representatives about the need for a recovery program for an employee diagnosed with an industrial injury.

Documents for submission to the appointment of an investigation of the fact of injury:

contract or work book;
the passport;
job description;
a card filled out in the T-2 form;
time sheet.

Documents required for recognition of an injury and further investigation:

an act on the occurrence of an insured event, drawn up in form 2;
an order to convene a commission;
investigation materials: photographs, video filming, diagrams, eyewitness and victim reports, medical reports on injuries received in the form 315 / y, expert opinions, form 7 on the inspection of the scene, and others;
acts in the form H-1 in the amount of three pieces with the signatures of all members of the commission, the head and with the seal of the organization;
conclusion of the state labor inspector;
an entry in the register of accidents.

Calculation

The calculation of disability benefits in case of an industrial injury occurs according to the same rules as in the case of an ordinary illness. But there are three things to consider.

First. If an employee was injured during the work process, then the incapacity payment is calculated in the amount of 100% of the average salary. In this case, experience is not taken into account.

Second. To calculate disability benefits, you should calculate the average daily wage of an employee. Multiply the resulting amount by the number of days in the calendar that fall on the recovery time. This is the final amount of monthly payments. It turns out that if there is an industrial injury, then the amount of the benefit is not limited, it all depends on the number of days spent on sick leave.

Third. Each allowance paid by the employer to the employee is reimbursed to the enterprise by social insurance in full.

Do not forget that personal income tax must be withheld from each allowance. In the event that the FSS believes that the organization should not pay insurance premiums, there is no need to pay them.

Prevention of industrial accidents

To prevent workplace injuries, attention should be paid to the proper organization of work and control over compliance with safety regulations, not only at the administrative level, but also at workplaces throughout the enterprise. Each new employee must undergo rigorous training from senior staff.

Regular trainings to improve the skills of personnel contribute to the improvement of work at the entire site without violating the rules and technical standards, which will help to avoid issuing such an unpleasant document as a sick leave. Work injury will not happen if due attention is paid to the creation of good working conditions. Such actions will affect the quality of health of each employee. We are talking about equipping the workplace with the necessary instruments and devices, ensuring the proper level of lighting, improved ventilation, maintaining the optimum temperature in the room, etc.

It is necessary to monitor the health of each worker who went to his workplace. Do not allow persons in a state of intoxication or a person who is not feeling well to perform duties.

Outcome

In the event of an accident at the workplace, absolutely everything must be recorded. This will come in handy when an occupational injury investigation is conducted. The conclusion of the doctor is the main evidence of the fact of harm to health in the workplace. You should ask the doctor for written confirmation that treatment or surgery is necessary in connection with the injuries received at the enterprise. Otherwise, all the costs of therapy and recovery will fall on the shoulders of the victim.

Causing harm to the health of a worker or employee as a result of an accident at work, which entailed: the need to transfer the employee to another job, temporary or permanent disability by the employee, death of the employee.

An occupational injury is an injury that an employee received during working hours on the territory of the enterprise or while performing instructions from the management outside it. In addition, a work injury is considered to be damage received during the breaks established by the employment contract, processing, preparation for the start of work, as well as business trips.

According to Article 5 of the Federal Law No. 125-FZ dated July 24, 1998 “On Compulsory Social Insurance against Occupational Accidents and Occupational Diseases”, individuals performing work on the basis of an employment agreement (contract) concluded with an insured (employer) are subject to compulsory social insurance against accidents at work and occupational diseases.

An accident can occur both on the territory of the insured and outside it, or while traveling to the place of work or returning from the place of work on the transport provided by the insured.

Note. Accidents that occurred with students undergoing industrial practice at the employer, or persons involved in the performance of community service, are also subject to investigation and accounting.

An industrial injury in the workplace, even if not very severe, is always a nuisance for both the employee and the employer.
What to do if an accident does occur?

Industrial injuries received during working hours.

Labor legislation obliges employers to provide employees with safe conditions and labor protection in the organization.

But, if you still received an industrial injury at the workplace, first of all, of course, you need to call a doctor. Then you should call the immediate supervisor and ask the witnesses of the incident to tell about what happened. After the fact of the injury is recorded, you can go to the hospital.

The employer, in turn, is obliged to organize assistance to the victim, and, if necessary, deliver him to the medical center. Also, the head of the organization must initiate the preparation of a protocol, where all the circumstances of the incident must be recorded.

All work-related injuries received by employees in the performance of work duties or performing work on the instructions of the employer that occurred at the workplace, including a break, on the way to or from work are documented and investigated (Articles 227, 230 of the Labor Code of the Russian Federation). There are no special features in the investigation of injuries and the payment of compensation to victims for office workers, these issues are also regulated by labor legislation.

An injury received during working hours can also be qualified as an accident not related to production: by decision of the commission for the investigation of accidents, the state labor inspector or the court. For example, injuries, the only cause of which was alcohol or drug intoxication, or injuries that were received when the victim committed actions qualified by law enforcement agencies as a criminal offense (Article 229.2 of the Labor Code of the Russian Federation).

If an office worker was injured not on the territory of the enterprise, but during working hours (had an accident while taking reports on the instructions of the employer to the tax office by public transport or on foot), then such an injury is an occupational injury (clause 3 of the Regulations on the features of the investigation of accidents in production in certain industries and organizations, approved by the Decree of the Ministry of Labor of Russia dated October 24, 2002 No. 73).

On the way to work
An injury is recognized as a work injury if the employee traveled to work (from work) on the employer's transport and was injured. If by own car - only if the employee used his own car at the direction of the employer or the use of the employee's car for official purposes was enshrined in an employment contract (Articles 227, 230 of the Labor Code of the Russian Federation).

An accident cannot be recognized as work-related if the employee was traveling by public transport, in his car (without agreement with the employer) or walking.

If an employee at the end of the working day went on assignments, for example, submitted reports, and then, without stopping at the office, got injured on the way home and on the way, then in this case the employee fulfilled the employer’s instructions to submit reports and from that moment ceased to fulfill his labor responsibilities. Consequently, an injury received by an employee on the way home (unless he followed the employer's transport to the house) is not recognized as a work injury.

Occupational Injury Investigation Commission.

The employer is obliged to create a commission of at least 3 people to investigate an industrial injury (Article 229 of the Labor Code of the Russian Federation). The commission includes representatives of the management of the enterprise, the state labor inspectorate, labor protection organizations, law enforcement agencies and doctors. If an accident resulted in the death of an employee at the workplace, an employee of the prosecutor's office must be involved in the investigation.

The commission determines the degree of guilt of the victim on the basis of testimonies, a study of the nature of the injury, the results of examinations and the details of the incident. The amount of payments to the victim and the possibility of paying for his treatment at the expense of the Social Insurance Fund depend on these circumstances. If, for example, you violated safety regulations, the chances of receiving treatment compensation from the employer are drastically reduced.

The length of the investigation depends on the severity of the injury. In case of light damage, the commission gives an opinion within three days, and in case of severe damage, the work of the commission can last 15 days from the moment of the incident. If the injury was considered minor, but subsequently turned out to be serious, the employer must notify all members of the commission within three days.

Work injury compensation.

Recall that the employee has the right to receive social benefits in the event of temporary disability (including injury) in any case. This is provided for in Art. 5 of the Federal Law of December 29, 2006 N 255-FZ.

In case of damage to health, the employee must be compensated for the earnings lost due to an industrial injury and the costs of medical, social and professional rehabilitation (Article 184 of the Labor Code of the Russian Federation).
Temporary disability benefits in the amount of 100% of earnings are reimbursed at the expense of the Social Insurance Fund (FSS of the Russian Federation) (Articles 8, 9 of the Federal Law of July 24, 1998 No. 125-FZ “On Compulsory Social Insurance against Occupational Accidents and Occupational Diseases” ").

The employee is paid a one-time and monthly insurance payments, the amount of which depends on the degree of loss of professional ability to work. It is determined by the institution of medical and social expertise (Articles 8, 10, 11, 12 of the Federal Law of July 24, 1998 No. 125-FZ).
The rehabilitation of the victim is also carried out at the expense of the FSS (clause 2 of article 8 125-FZ).
In addition to mandatory payments, the company has the right to provide for other compensations or payments in a larger amount. Such guarantees may be secured by an industry tariff agreement. If the organization has signed this agreement, then it is obliged to pay increased security to employees.
And moral damage must be paid by the one who is to blame for causing an industrial injury (clause 3, article 8 No. 125-FZ).

The severity of health damage.

The degree of loss of professional ability as a percentage is established by the institution of medical and social expertise (Article 3, paragraph 3 of Article 11 No. 125-FZ). The amount of one-time and insurance payments depends on it (Article 10 No. 125-FZ).
According to the severity of damage to health, accidents are divided into severe and light. The amount of payment for the treatment of the victim depends on this. The severity of health damage is determined in the medical organization where the injured worker first applied for help.
The List, approved by the Order of the Ministry of Health and Social Development of Russia dated February 24, 2005 No. 160, lists health injuries in which an accident at work is considered serious. If the accident is recognized as severe, additional costs for the treatment and rehabilitation of the injured employee immediately after this accident (in a hospital, clinic, sanatorium) are paid from the FSS (clause 3, clause 1, article 8 No. 125-FZ).

In case of minor accidents, the costs of treatment are paid not by the FSS, but by the employer, who is obliged to compensate for the harm caused to employees in connection with the performance of their labor duties (Article 22 of the Labor Code of the Russian Federation).

Moral damage and statute of limitations.

The employer must compensate the employee for non-pecuniary damage (Articles 21, 22 of the Labor Code of the Russian Federation, clause 3 of Article 8 No. 125-FZ). Its value can be determined by agreement of the parties. If the employee does not agree with the amount of compensation offered by the employer, then it will be determined by the court (Article 237 of the Labor Code of the Russian Federation) depending on the fault of the employer and the degree of physical and moral suffering of the employee (Article 151 of the Civil Code of the Russian Federation).

There is no statute of limitations for investigating an accident that happened to an employee.
According to the statement of the victim (his relatives) that the accident was hidden by the employer or was investigated with violations, the state labor inspector, regardless of the statute of limitations, conducts an additional investigation of the accident (paragraph 25 of the Regulations). In practice, there are many cases when, after several years from the moment of injury, employees (former employees) injured at work apply to the competent authorities in order to establish the fact of an accident at work.
If the organization where the accident occurred had already ceased to exist by that time, the Federal Labor Inspectorate, together with the FSS and the territorial trade union, conducts an investigation independently. The labor inspector inspects the scene, interviews eyewitnesses and officials, examines the internal documents of the employing organization and, on the basis of the collected materials of the investigation, qualifies the accident as related or not related to production.

Fix everything.

You may need to prove a causal relationship between the injury at work and the bodily injury in order to receive compensation due to you. In order to prove this connection, you will need a doctor's note.
If the injury is severe and surgery is required, ask your doctor to also confirm the connection between the operation and the injury received at work. Otherwise, the employer may refuse to pay you all the costs of treatment.

After the commission issues a conclusion, the employer is obliged to compensate the victim for all costs, pay for treatment, and pay wages during the period of disability. The amount of the employee's salary should not be lower than that which he received in a healthy state. Compensation payments are made monthly.

What are work related injuries?

Occupational injuries are accidents subject to accounting and control.

According to Art. 227 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code), accidents subject to accounting and control include accidents that occur with employees and other persons involved in the production activities of the employer (including persons subject to compulsory social insurance against accidents on production and occupational diseases), when they perform their labor duties or perform any work on behalf of the employer (his representative), as well as when performing other lawful actions due to labor relations with the employer or performed in his interests.

Persons involved in the production activities of the employer, in addition to employees performing their duties under an employment contract, include:

Employees and other persons receiving education in accordance with the student agreement;

Students undergoing work experience;

Persons suffering from mental disorders participating in productive work at medical and industrial enterprises in the order of occupational therapy in accordance with medical recommendations;

Persons sentenced to imprisonment and involved in labor;

Persons involved in the prescribed manner in the performance of socially useful work;

Members of production cooperatives and members of peasant (farm) households, taking personal labor participation in their activities.

Occupational injuries (injuries, death) are a narrower concept than industrial accidents that are subject to accounting and control. Occupational injuries include cases of bodily injury (injury) received at work or in the course of work within the framework of labor relations, including those inflicted by another person; heatstroke; burns, frostbite; drowning; electric shock, lightning, radiation; bites, as well as other bodily injuries caused by animals or insects; damage due to explosions, accidents, destruction of buildings, structures and structures, natural disasters and other emergencies, other damage to health caused by external factors, resulting in the need to transfer the victim to another job, temporary or permanent disability or death.

Accidents at work are subject to investigation and accounting only if they occurred:

1) during working hours on the territory of the employer, including during breaks, the performance of actions related to the preparation for the beginning of working hours and its completion, as well as on weekends and non-working holidays;

2) on the way to work or back in a vehicle provided by the employer or in a personal vehicle if it was used for official purposes by order of the employer.

3) when traveling on a business trip and back, during business trips by public or official transport, when traveling to the place of work on foot.

Upon receipt of a report of a work-related injury, the following sequence of actions must be observed: a doctor must be called to provide first aid to the victim, the supervisor must be immediately notified of the accident and witnesses should be asked to describe the circumstances of the incident. At the same time, the employer is obliged to organize assistance to the victim, if necessary, to ensure delivery to a medical institution (hospital, emergency room, first-aid post). Upon receipt of an injury by an employee, a protocol is drawn up, which indicates all the circumstances of the incident.

In accordance with Art. 229 of the Labor Code, the employer is obliged to create a commission. The commission must include at least three people. The commission may include representatives of the management of the enterprise, the state labor inspectorate, labor protection organizations, law enforcement agencies, and a medical institution.

The commission determines the degree of guilt of the victim on the basis of testimony, the results of examinations and the circumstances of the incident. The amount of payments to the victim and the possibility of his treatment at the expense of the Social Insurance Fund depend on the conclusions of the commission. If the safety rules were violated by the victim, then his chances of receiving treatment compensation from the employer will be much lower.

The timing of the investigation, according to Art. 229 of the Labor Code, depend on the severity of the work injury. Investigation of accidents with slight harm to health is carried out by the commission within three days. To establish the circumstances of cases involving more serious harm to health - within fifteen days.

To receive compensation, you need to prove that the harm to health occurred as a result of an industrial injury. To determine the nature and severity of harm to health, a doctor's opinion is required. Otherwise, compensation may not be paid by the employer.

If the injury is recognized as work-related, in accordance with Art. 184 of the Labor Code, the employee is reimbursed for his lost earnings and additional expenses for medical, social or professional rehabilitation associated with damage to health or expenses associated with the death of the employee.

In the event of damage to health or in the event of death of an employee due to an accident at work or an occupational disease, the employee (his family) shall be compensated for his lost earnings (income), as well as additional expenses related to damage to health for medical, social and professional rehabilitation or appropriate expenses in connection with the death of an employee.

Accidents at work are subject to registration in special journals (form 9). At enterprises and organizations, such journals are maintained in accordance with the Decree of the Ministry of Labor of Russia dated October 24, 2002 No. 73 "On approval of the forms of documents necessary for the investigation and accounting of industrial accidents, and the provisions on the features of the investigation of industrial accidents in certain industries and organizations "in organizations".

The logs of registration of accidents at work are subject to storage in the organization for 45 years.