Occupational injury at work that threatens. Investigation, registration and payments in case of work injury of an employee

A work injury is a consequence of an accident that took place at work with an employee.

This is always unpleasant for both sides of the employment relationship. In Art. 5 of the Federal Law of July 24, 1998 No. 125-FZ “On Compulsory Social Insurance against Industrial Accidents and Occupational Diseases” states that every employee who works under an employment contract is subject to compulsory accident insurance.

This means that in case of an industrial injury, the employer is obliged to pay compensation to the employee if the latter was injured in the course of performing his labor functions.

Recognition of work injury

In order for the injury to be recognized as a work injury, and for the employee who received it to be able to count on all due payments and benefits, several important steps must be taken. This must be done on the day of the injury:

call a doctor, go to a first-aid post or call an ambulance to provide first aid to the victim;
the appeal must be completed in accordance with all the rules. This needs to be followed up. If the victim himself is unable, it must be done by someone else;
call the head of the structural unit to the place where the accident occurred. If there is such an opportunity, then you need to call the head of the enterprise himself;
the victim must have witnesses who will confirm the fact that he received the injury at this place and during working hours.

No matter how severe the injury, you first need to fix it, and only then go to the hospital. This is a big minus in recognizing a work injury. If there is no fact of proper recording of the injury received by medical personnel, or there are no witnesses of its receipt, it will be quite difficult to recognize it as a production one. But if there is at least some fixation or one witness, it is necessary to apply to the employer with a written statement recognizing the fact of injury at work. The employer is obliged to appoint an appropriate investigation in accordance with Art. 229 - 231 of the Labor Code of the Russian Federation. If he does not do this, then the victim has the right to file a complaint with the labor inspectorate or file a lawsuit in court to recognize this fact and assign appropriate payments to him.

Payments for a work-related injury are equal to the amount of payment for a sick leave, if the employee needed one, and compensation for his medical expenses. This is indicated in article 184 of the Labor Code of the Russian Federation.

First, the employer pays compensation to his injured employee, and then he reports to the FSS, providing sick leave and other documents. In addition to the sick leave, the rehabilitation of the injured employee takes place at the expense of the FSS. The need for rehabilitation, as well as the severity of the harm caused, is assessed by a medical and social examination, which must be passed if serious harm has been done to health, and we are talking about assigning one or another degree of disability to the victim. In order to make such payments, it must be established that the injury received is precisely an industrial injury at work.

Such an injury is recognized not only as an injury received at the workplace, but also as an injury received at the time when the employee was traveling to work or home from work in the employer's transport.

If the employee used his own car, then the employment contract must stipulate that the employee has the right to use his own car to perform his work functions or official purposes. The severity of the injury is determined by the medical institution where the victim applied for help. The duration of the investigation, which is conducted by a specially created commission, also depends on this.

If the injury at work is mild, then the commission can complete the investigation in 3 days, if the injury is severe or fatal, then the investigation period is extended to 15 days. Not only the duration of the investigation, but also the amount of compensation payments depends on the severity of the harm to health. That is, the medical and social examination establishes the severity of the harm as a percentage.
Exactly in this percentage, the employer must reimburse the employee for compensation for medicines and medical care. Sick leave, in any case, is paid in the amount of 100% of earnings.

Actions of the employer and employee in case of work injury

In order for an injury to be recognized as work-related, the correct procedure is required, both on the part of the employee and the employer:

it is necessary to call a doctor or any other medical worker who will record the injury itself. Without this fact, no payments will be made. Therefore, even if the condition of the victim is critical, you first need to fix the fact of the injury, and only then go to the hospital;
the employer must be present at the fact of fixing. If the employer himself cannot (especially at large enterprises where there are production and other workshops), his deputy or the head of the structural unit in which the victim works must be present;
it is imperative to draw up an act that will be signed by the employer and witnesses of the incident;
An investigation into the incident is immediately launched. If harm is done to health, then the investigation is carried out at the expense of his funds;
The commission for the investigation must consist of at least 3 people. The number of committee members must be odd. It may include:
- labor protection employee, or the person who is responsible for labor protection at the enterprise;
- an employee who is a representative of the employer or the employer himself, if possible;
- a representative of a trade union or other body that is representative of workers.

The obligations of an employer in the event of a work injury are as follows:

he must provide the victim with all the necessary assistance. If hospitalization is required, the employer must ensure that the ambulance takes the employee to the hospital. If the brigade was not called, but decided to go to the hospital on their own, then the employer must provide transport;
conduct a thorough investigation of what happened;
make all necessary payments to the injured employee;
must comply with the lines of drawing up an accident report. If the injury is light, then the act is drawn up within 3 days. The degree of "lightness" or "severity" is determined on the basis of the opinion of physicians;
even if the injury occurred through the fault of the employee, compensation is paid, but in a smaller amount.

Payment types

There are several types of payments that are assigned to the injured and injured at work:

sick leave payments. These payments are made at the expense of the funds that the employer deducts for insurance against accidents and occupational diseases. Regardless of the length of service, sick leave is paid in the amount of 100% of the average earnings of this employee. This value is calculated based on the employee's earnings for the last year. The basis for calculating payments is a certificate of incapacity for work, duly executed in the medical institution where the victim received treatment.
lump sum payment. Its size depends on the degree of disability suffered by the injured. It is paid in the amounts established by the FSS. In 2016, the maximum amount of such payment is 80534.8 rubles;
monthly payment. It is paid to the employee until he fully recovers. The amount of the payment is equal to the average earnings of the affected employee for the last year. It is indexed every year. Its maximum value in 2016 is 61,920 rubles per month. This limit is set by paragraph 12 of Art. 12 of Law No. 125 - Federal Law;
additional expenses. Such payments include compensation by the employer for expenses for:
- provision of qualified paid medical care to the victim;
- purchase of medicines;
- purchase of special means necessary for careful care of the victim;
- payment for the services of the necessary equipment or transport for its transportation.
compensation for moral damage. If there were not only material costs, but also moral suffering, the victim can apply to the court with a claim for compensation for moral harm.

If the commission determines that the employee suffered minor harm to health, then all compensation payments will be made not at the expense of the FSS, but at the expense of the employer.

The employee is also entitled to compensation for moral damages. Its value can be determined by agreement of both parties. If the employee is not satisfied with the amount of damages to be compensated, then he can apply to the court with a statement of claim at the location of the defendant.

In addition to mandatory payments in case of injury at work, the employer has the right to pay additional compensation. It can be issued at a time by the order of the employer, or it can be specified in the labor or collective agreement.

Compensation for lost earnings

In Art. 184 of the Labor Code of the Russian Federation says that if an employee is injured at work, then the employer is obliged to compensate him for the earnings not received during these days. But there are several features when recovering lost earnings in favor of an employee.
It should be understood that “lost earnings due to forced absenteeism” and “lost earnings due to work injury” are different concepts. These are different types of compensation for harm in favor of the employee, to which different methods of calculation are applied.

Law No. 125-FZ states that an injured worker has the right to compensation for harm caused to his life and health. While he is on sick leave, he does not receive a salary. Even after leaving the hospital, the injured worker cannot always work at full strength. Sometimes it takes a long time to recover.
Therefore, the earnings that he does not receive all this time are subject to compensation. First of all, it is necessary to determine from what moment it is necessary to compensate for the lost earnings.

The victim receives a sick leave benefit in the amount of 100% of his average earnings for the last year. But in Art. 1085 of the Civil Code of the Russian Federation states that he has the right to receive the entire amount of earnings lost during this period. It is collected from the employer, as from the tortfeasor. The amount of compensation is 100% of earnings for these days.

How to get paid

In order to receive all due payments, the employee must bring a sick leave and other documents that confirm his expenses for treatment. To receive disability benefits, you do not need to write additional applications. And in order to receive compensation for medicines and other expenses, it is necessary to write an application addressed to the employer with a request to pay him the indicated amounts. All necessary documents and checks are attached to the application.

Part of the payments is made at the expense of the employer, and part - at the expense of the Social Insurance Fund. For example, compensation for medicines is at the expense of the employer, and compensation for additional leave is at the expense of the fund.
Within 10 days after writing the application, it is considered by the representative of the FSS. He also decides on the payment of compensation. The decision is made after the expiration of the specified period. The lump-sum allowance is transferred to the applicant's account immediately after a positive decision is made by the fund's employee.

If the employer refuses to make payments or does not do it in full, you must contact the labor inspectorate with a complaint about the illegal actions of the employer. The complaint will be investigated.
Filing a complaint with the labor inspectorate does not deprive the injured citizen of the right to self-defense of his labor rights. That is, he can apply to the court with a claim for reimbursement of expenses incurred for his treatment.

In case of an industrial injury, the employer is obliged to comply with many requirements of the current legislation - it is he who has a sufficiently large level of responsibility in the event of an accident. Violation of the established regulations threatens the employer with an industrial injury by bringing to responsibility up to a criminal nature. Therefore, you should know exactly the necessary procedure for the employer in the event of an accident at work.

Occupational injury or accident at work - definition of the Labor Code of the Russian Federation

Legal standards governing the procedure for the employer to act in case of an industrial injury, the level of guarantees for employees and the general principles for registering an accident at work are enshrined in various regulatory documents of the Russian Federation. These standards are mostly in force at the federal level and are mandatory for compliance in all regions of the Russian Federation, however, in some cases, in order to more effectively protect the rights of workers at the regional level, additional regulatory acts may be adopted by the subjects of the Russian Federation or municipalities. First of all, the employer should pay attention to the following documents:

Article 184 of the Labor Code of the Russian Federation establishes the mandatory right for an employee to receive compensation for lost earnings, as well as all expenses associated with an injury or occupational disease.
Article 227 of the Labor Code of the Russian Federation establishes the very definition of an accident, as well as a list of persons and situations in respect of which the aforementioned standards apply and the payment of the stipulated compensation is guaranteed.
Article 228 of the Labor Code of the Russian Federation clearly fixes the main obligations of the employer related to the direct onset of an accident at work and the procedure for actions in the event of an industrial injury.
Article 228.1 of the Labor Code of the Russian Federation regulates the obligation of the employer to notify certain persons, state bodies and organizations of injuries and accidents that have occurred at work.
Article 229 of the Labor Code of the Russian Federation is devoted to the immediate issues of the formation of commissions to investigate the circumstances of accidents at work.
Article 229.1 of the Labor Code of the Russian Federation establishes standards affecting the concept of the timing of the investigation of accidents that have occurred and the possibility of extending the indicated period if necessary, a more detailed consideration of the situation that led to the production injury.
Article 229.2 of the Labor Code of the Russian Federation regulates the general procedure for conducting an investigation by the employer and the formed commission.
Article 229.3 of the Labor Code of the Russian Federation establishes general principles and procedures for conducting an investigation not by a direct commission at work, but by state labor inspectors.
Article 230 of the Labor Code of the Russian Federation provides for the legal regulation of the issues of registration of work-related injuries by the employer and the procedure for processing materials related to them.
Article 230.1 of the Labor Code of the Russian Federation addresses the issues of direct registration and accounting of injuries that occurred at work, occupational diseases and accidents at the enterprise.
Article 231 of the Labor Code of the Russian Federation establishes legal mechanisms by which disputes are resolved during the investigation or incident of industrial injuries. It regulates the mandatory appeal to the state labor inspectorate or other authorized executive body in the event of the aforementioned disagreements by any party to the dispute, and only the decision of this body can be challenged in court subsequently.
Article 341.4 of the Labor Code of the Russian Federation provides for the resolution of issues related to the investigation of accidents that occurred with employees sent to work in another organization under contracts for the provision of personnel during or leasing of employees.
Federal Law No. 125 of July 24, 1998 is the main regulatory document that regulates the insurance of employees against various industrial accidents.

The above legal framework is generally sufficient to understand the general principles of registration of accidents by the employer. However, given the strictness of Russian labor law, all necessary actions should be considered in as much detail as possible. Otherwise, even a violation of the procedural requirements by the employer may entail bringing him to responsibility.

The procedure for the employer in case of an industrial injury in 2018 - step by step instructions

In general, the procedure for an employer to act in case of an industrial injury in 2018 is quite simple, however, some stages of registration of these circumstances should be considered in detail. The step-by-step instructions for an accident at work are quite simple. So, in accordance with the provisions of the aforementioned article 228 of the Labor Code of the Russian Federation, the employer must, in the event of an industrial injury, take the following actions:

Following the above course of action, the employer will not be held liable for a work injury, at least in terms of compliance with procedural requirements. However, this does not negate the possibility of holding him liable for the very fact of an injury to a worker, if it is provided for by law and there is a fault of the employer. Next, the most difficult stages of registration of an industrial injury will be considered.

Work injury notice - to whom the employer should send it

The obligation of the employer to notify a certain circle of organizations and persons in case of an industrial injury is enshrined in the provisions of Article 228.1 of the Labor Code of the Russian Federation. At the same time, the circle of these persons depends on the nature of the accident itself and its actual consequences. However, this notice is only required in the following situations:

When an accident occurs to two or more employees.
If a work-related injury caused serious bodily harm.
If an employee dies as a result of an accident.

The authorities that should be notified to the employer in the event of a work-related injury include:

Prosecutor's office. A notice to the prosecutor's office is sent exclusively to the place of occurrence of an industrial injury. Moreover, if it occurred not at the location of the employer, but in another place, for example, in the case of a business trip, on the way to or from work, then exactly the department of the prosecutor's office is notified, on the territory of which this event occurred.
Executive authority. It includes local governments, or governments of the subject of the Russian Federation. From a territorial point of view, notification is always made exclusively at the place of registration of a legal entity or individual entrepreneur, which is the employer, regardless of the location of the incident.
Employer. The primary employer of an employee must be notified of an accident at work with his employee or employees if the employee worked under an outsourcing, outstaffing or personnel leasing agreement.
to the supervisory authority. This requirement applies to organizations subject to special supervision. In this case, the specific supervisory authority at the territorial location of the enterprise is notified. In general situations, these include labor inspections.
Territorial association of trade union organizations. It is notified only in the event that an occupational injury resulted in the death of an employee, or if a group accident occurred. In the event that only one employee was severely injured, it is not necessary to notify the trade union or trade union association.
To the FSS branch at the place of registration of the employer as an insurer.

In addition, in all cases where an accident resulted in the death of a worker, the employer also has a duty to notify the relatives of the worker and his dependents. It is they who in this situation are the representatives of the deceased and have the right to receive compensation due by law. The notification in this case is carried out at the place of residence or the last place of residence of the worker.

The notification form is standard, established by law in accordance with the provisions of the Decree of the Ministry of Labor No. 73 of October 24, 2002. The use of other forms or a different order is unacceptable. The notice period for an industrial injury is one day from the moment of its occurrence.. It should be sent in writing by registered mail with a list of attachments and notification of receipt in order to avoid possible errors and disputes.

How to file an industrial injury to an employer - the formation of a commission

The commission for the investigation of an accident at work must be drawn up by the employer without fail in any situation that led to these events. The commission must consist of at least three people - these requirements are established by the provisions of Article 229 of the Labor Code of the Russian Federation. The composition of the commission depends on the circumstances of the accident. In general, it should consist of:

employer representative. It can be either the employer himself or any other person. At the same time, he is considered the person heading the commission, except in cases where the commission includes a representative of the state labor inspectorate.
Labor protection specialist. Such must be appointed at the enterprise by decree of the employer. At the same time, he cannot be the same person as the representative of the employer.
Employee representative. He is appointed by the representative body of workers at the enterprise, or they are representatives of the trade union organization. The injured employee has the exclusive right to be included in the commission.

In some cases, the enterprise may not have enough personnel to form a full-fledged commission. In this case, the employer has the right to involve third parties as a labor protection specialist, its own representative or employee's representative with his consent.

In situations where an accident caused serious bodily harm, or was a group accident, or caused the death of an employee, an employee of the state labor inspectorate is also required to be involved in the commission.
The terms for the formation of the commission are one day from the moment of the accident, the composition of the commission and the order on its formation are established by the employer.
The investigation period for accidents that caused minor harm to health is 3 days from the moment the commission was formed. In other situations, the conclusion of the commission must be formed within 15 days. At the same time, if investigative bodies or other bodies are to be involved in the work of the commission, these terms can be extended, but not more than by 15 days.

Responsibility of the employer in case of an industrial injury, with a fatal outcome - what threatens him

Most employers, being interested in issues of industrial injury, try to find out first of all what threatens them when it occurs. Considering the issues of compensation for an industrial injury during a period of temporary disability, despite the fact that the payment is assigned to the employer himself, he receives compensation for it from the FSS, regardless of who is the culprit of the accident. However, if a work injury requires payment for moral damage caused to the worker, then compensation is already paid from the employer's funds.

In addition, in general, in case of an industrial injury, the employer may face:

Administrative responsibility. First of all, an employer in case of an industrial injury can be brought to it under article 5.27.1 of the Code of Administrative Offenses of the Russian Federation for violation of labor protection standards. In addition, liability may also arise under Art. 5.27 of the Code of Administrative Offenses of the Russian Federation, for a general violation of labor laws.
Criminal liability. An employer can be involved in it if there was a direct fault of the employer in causing harm to the health or property of an employee, or in a fatal accident at work. At the same time, this liability will be qualified in accordance with the provisions of the Criminal Code under the relevant article.

Tragic incidents at industrial facilities occur regularly. Work injury depends on the situation and quickness of employees.

The average person spends a third of his life at work, exposing himself to all sorts of dangers. Occupational injury - an injury acquired by a member of the team during working hours at the enterprise, outside the facility on behalf of the management. Causing damage to health is committed during the period of breaks and business trips established by the agreement.

transfer of an employee to another service;
disability - partial, permanent;
death.

Accidents are strictly regulated by law. The most dangerous industries are the construction business, oil and gas production, and cattle breeding.

Classification

People who are directly involved in hazardous work can suffer in the workplace. Many accidents end in death.

The level of injuries is associated with the economic performance of the country. During the crisis, due to the decline in production, the number of injuries received in the field of labor activity decreases.

According to the factors of occurrence, they are classified into:

mechanical - wounds, bruises, dislocations, fractures.
thermal - burns, frostbite;
electrical - electric shocks;
chemical - burns, poisoning;
combined - external influence of several factors.

A wound is a violation of the unity of the skin, ligaments. There are chipped, cut, torn, gunshot. Bruises - compression of soft tissues with the formation of a hematoma due to rupture of small blood vessels. Dislocations - displacement of bones, accompanied by stretching of the ligamentous-articular mechanism.

Burns vary in degrees:

characteristic redness, swelling of the skin;
bubble formation;
damage to the upper layer of the epidermis;
tissue necrosis.

Damage to the eyes, ears is caused by dust, small fragments, exposure to allergens.

The main reason for industrial injuries is the insufficient level of mechanization of work processes, the predominance of heavy manual labor. Damage is received by low-skilled workers who do not have experience in the methods of the activity performed. To control working conditions, there are certain sanitary standards.

Causes of tragedy:

Organizational - lack of training of employees in safety rules at the enterprise, inconsistency with the provisions of the job description. Organizational ones include regular violations of technology, poor quality, lack of protective equipment, and the use of dangerous work methods.
Technical - breakdowns, damage to equipment, appliances, electrical wiring. Structural defects of machines, machine tools, mechanisms, transport units, imperfection of the sequence of the labor process lead to accidents.
Sanitary and hygienic - unnatural conditions, low-quality lighting, air pollution, noise, vibration, ionizing radiation. Bruises, injuries, fractures, burns occur as a result of violations of the rules of personal hygiene, unsanitary conditions of the territory and premises.
Personal - the psychological state of the employee, neglect of the rules of safety, protective equipment.

Often physical injuries occur due to alcohol, drug intoxication.

According to the severity of the injury is divided into:

light - minor abrasions, scratches. Do not entail loss of ability to work, disability;
heavy;
lethal - associated with the death of the victim.

Consider heavy:

injuries in which a state of shock is observed, a large loss of blood, functional disorders of the respiratory, cardiovascular, digestive, and nervous systems. Acute renal and hepatic insufficiency is noted;
skull fractures, head bruises, penetrating wounds in the cavity, ruptures of internal organs, IV degree burns, abortion;
not life-threatening, but having serious consequences - loss of vision, hearing, speaking, complete, partial loss of an organ, mental disorders, disfigurement of the face.

Severe injuries are associated with hospitalization of the victim, a long stay in hospital. It is possible to develop complications leading to disability, death. At the request of the employer, the medical commission of experts of the medical institution provides an opinion on the nature of the damage within three days.

The specific classification of industrial injuries is determined by the legislation of the Russian Federation. All health damage is divided into types according to medical grounds. The degree is determined by the number of victims, material consequences.

Distinguish:

single;
group.

Work injuries are regulated by the norms of the Regulations on the procedure for investigating, recording industrial accidents.

How to draw up

Not all accidents are recorded. The employer, avoiding trouble with supervisory authorities, hides the state of emergency. In this case, the employee who was injured may suffer again - due to the actions of the leader. Treatment and recovery is carried out at personal expense.

The first thing an employee seeks medical help. If the condition of the victim allows, he or any other employee who witnessed the incident is obliged to inform the official.

The head of the enterprise takes measures to provide qualified assistance, to maintain the situation unchanged. This will allow an objective investigation to be carried out.

An injury received by an employee in the performance of his duties guarantees him monetary compensation for damage to health. The decision to pay social benefits and compensation for non-pecuniary damage is made after a thorough investigation into the circumstances of the incident.

The employer initiates the preparation of a protocol of the established form. He fixes the circumstances of the case. To investigate the production, a commission of three people approved by order is created.

Based on the testimony, studying the place of the tragedy:

determines the guilt of the victim, its degree;
evaluates the nature, detailed circumstances of the treatment;
studies the effective conclusions of the examinations, the constituent links of what happened, building a certain event chain.

These circumstances affect the amount of the payment.

An employee is entitled to a cash benefit equal to 100% of earnings. If the employer is at fault, the amount of compensation is determined by agreement of the parties.

Payment of compensation

An algorithm for the formation of disability benefits in connection with the tragedy at the enterprise has been established. Payment for sick leave issued on the basis of a domestic injury is carried out in the same manner as in case of an employee's illness. Investigation of damages received outside the premises of the enterprise is not provided.

Explanatory notes are not taken from injured workers. A commission for an official investigation is not created, acts, protocols are not drawn up. There is no practical need for such manipulations.

Occupational injuries not recognized as work-related are paid from the first day of temporary disability in full. The presence of guilt, compensation for permanent loss of working capacity is determined in court.

Examples of non-production damage:

damage received on the way to work, back without the use of official transport. An unfortunate incident on a business trip deserves special consideration. The business trip starts from the moment of departure. If damage occurs on the way to the airport, to the train station, it is classified as an industrial accident;
injuries acquired in the performance of public duties, civic duty;
death of an employee as a result of a general illness;
suicide;
cases that occurred during the commission of illegal actions;
causing harm to the health of an employee during an alcoholic, narcotic state.

Investigation of accidents not related to labor activity is organized in a general manner. In two copies make up the protocol of the established form. Non-productive injury is not taken into account.

Accident at the enterprise

The procedure for investigating an incident is regulated by articles 227 - 231 of the Labor Code of the Russian Federation. The main supporting document is the Act of Investigation of an Accident at Work Form H-1. Its shelf life is 45 years.

Payments occur after all the previously described actions. The victim submits to the service commission a certificate of incapacity for work with code 04 - an accident at work. The hospital accounting department calculates and pays on the basis of a copy of the act of the established form attached to the medical document.

There are two main groups of expenses;

Financial incentives - a lump sum payment, a monthly allowance in case of an employee's disability;
Additional funding - treatment, rehabilitation, provision of technical, vehicles.

The Social Insurance Fund reimburses everything in order to return the employee to work, to minimize the consequences. FSS contributions are borne by the employer. He compensates moral damage.

In the event of the death of an employee, the fund takes on the patronage of the family of the deceased, his minor children, disabled parents who were dependents.

Features of the payment of benefits:

sick leave from the first day is financed at the expense of the budget social insurance fund;
sick leave is paid in the amount of 100% of the average salary of the employee, regardless of the length of service;
the maximum amount of cash disability benefit for a full month does not exceed 4 times the amount of the insurance payment. In 2018, it is 2899161.6 rubles.

Types of responsibility

employer

What threatens the employer in case of an accident at work? It doesn’t matter whose fault the tragedy happened, according to the law, the head of the enterprise is responsible for this.

For the death of an employee at the workplace, the employer faces a fine of up to 200,000 rubles, disqualification, and criminal liability. Depends on the number of victims, the circumstances of the incident.

You should not agree to dubious transactions. The employer needs an agreement with the victim only at the time of concealing the accident. Documentary confirmation that the incident occurred outside the enterprise leads to the “forgetfulness” of the manager about responsibility.

Procedure in case of an accident:

provision of medical care;
informing the labor inspectorate, the social insurance fund;
the creation of a commission to thoroughly investigate what happened;
conducting manipulations to establish the specific circumstances of the tragedy;
payment of material compensation.

There is no statute of limitations for a work injury. It can be proven throughout the life of the injured worker. The consequences for the manager depend on the severity of the injuries received, the investigation of the objective causes of the tragic incident. The imposition of an administrative fine, the arrangement of numerous checks on compliance with working conditions, knowledge of personnel safety regulations, because an injury occurred at work - this is what threatens the organization itself.

worker

A tragic accident at an industrial facility affects any worker. It is considered an insured event with compensation for material damage if it is received when performing the actions prescribed in the contract. Severe injuries require long-term hospital treatment. Organizational costs are borne by the employer. Further sanatorium treatment is carried out at the expense of the FSS.

If an employer refuses to pay when an injury occurs at work, what should an employee do? The victim has the right to apply for the protection of his interests to the labor inspectorate. She organizes an independent investigation of the incident. Evidence of harm is documents confirming the fact of contacting a medical institution, checks for purchased medicines.

An industrial injury due to the fault of an employee is paid from the social insurance fund. The officially approved commission, having considered the details of the incident, determines the guilt, determines the amount of material payments.

Injury while intoxicated

Drunk employees, getting into automobile, industrial accidents, get injuries of various types. Such cases - insurance, are subject to the established investigation, fixation, material compensation.

The state of alcoholic, toxic, narcotic intoxication reduces the amount of the sick leave payment to the minimum wage only for a common illness. If the accident is officially confirmed, recognized as insurance, the fact of drunkenness does not affect the amount of the benefit.

Prevention of industrial injuries is aimed at creating comfortable, safe working conditions. Each employee should be familiarized with the job description for labor protection. Keep supporting documents signed by employees, dates of compilation.

Every year they undergo medical preventive examinations for the presence of the disease. Persons in a state of intoxication are not allowed to work. Organize constant monitoring of the condition of the equipment, timely eliminate faults. Modernize technological processes.

Injuries are received both in hazardous production and in a comfortable office. An attentive attitude to one's health and the performance of work duties will help to reduce industrial accidents. Careful observance of internal regulations, safety precautions guarantees protection from physical injury.

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.

An occupational injury is also a damage to health caused during the working period of time at the enterprise or company itself or during the performance of assigned tasks from the head. Also, injury at work is considered damage to health caused during lunch breaks, official processing at work, preparation for the work process, during an employee's business trip.

In accordance with paragraph of the law of the Russian Federation N 125-Fed. Law of July 24, 1998 "On insurance of life at work and diseases due to professional activities" all individuals who work on the basis of employment contracts (or contracts) concluded with the employer are subject to immediate social insurance against all types of injuries during the work process and diseases caused as a result of the work process.

Paperwork

Work injury requires paperwork. What documents need to be issued, we will understand below.

All accidents during the work process that occurred to persons with insurance, or people subject to immediate social insurance against accidents and occupational diseases, are insured. On the occurrence of an insured event, you should contact the local branch of the FSS of Russia (subparagraph 6, paragraph 2, article 17 of the Law of July 24, 1998 No. 125-Fed. Law).

An act must be drawn up, which should be sent according to a certain type, which was approved by the FSS of Russia dated August 24, 2000 No. 157.

Be sure to organize an investigation of an industrial injury received at work at the same time (clause 5, clause 2, article 17 of Law N 125-Fed. Law).

If health damage occurs as a result of a work injury, the employer must investigate this incident at the expense of the enterprise.

It is necessary to immediately create a commission on this incident, it is being appointed. The commission must include 3 people, but not less (part 1 article 229 of the Labor Code of the Russian Federation).

Under any circumstances, the commission consists of an odd number of employees (clause 8 of the Regulation, ratified by the Ministry of Labor of Russia dated October 24, 2002 No. 74). The committee includes the following professionals:

OT (labor protection) employee or a person who is responsible for labor protection;
An employee representing the employer (manager);
A person or representative of a trade union or any other employee representative body, if any.

The employer's procedure

Labor legislation obliges employers to provide comfortable working conditions for employees without risk to the health of the employee.

When injured as a result of a work injury, the first thing to do is call an ambulance, or call a paramedic at the enterprise, if available.

Next, you need the presence of the employer himself, you should ask the witnesses of the incident about the accident. After fixing the fact of injury, you can safely contact a medical institution.

The employer must provide all required assistance to the injured worker. If required, the employer must transport the employee to a medical facility. The employer is obliged to demand a protocol with all recorded data on the incident caused by an industrial injury.

All injuries at work must be filed and investigated, as well as work-related injuries inflicted during breaks, lunch breaks, on the way to work, on the way from work, arrival at the workplace (Article 227, 230 of the Labor Code of the Russian Federation). There are no specific ambiguities for compensation payments; all such issues are prescribed by the labor legislation of the Russian Federation.