Injury at work: what you need to know about your rights and demand from your employer. Is an injury on the way to work considered work related?

It is interpreted as an incident as a result of which the insured person was injured. As a result of this, the employee lost his professional ability, temporarily or permanently, or the event resulted in death.

What is a work injury?

The main condition is that the injury is recognized as a work-related injury and is documented and insurance compensation is paid - the injured person must be affiliated with the employer and insured established by law ok.

Another condition is that the accident must occur during the execution period. labor responsibilities employee.

To be completed job responsibilities is equivalent to absence from work due to business trip, movement from the place of work and to work, if transport is provided by the enterprise, also movement in a personal car to perform one’s duties, which must be specified in employment contract.

An industrial injury can be recognized as an injury that a student received during an internship or was involved in community service. In other cases, if the employee was absent from the workplace and was injured, then such an incident will not be considered an industrial accident.

It is very unpleasant when an employee returns from sick leave and provides a certificate of incapacity for work with code “04”. This code is entered in the hospital if the patient was injured at work.

To avoid the imposition of penalties on the employer, which are provided for by the Code of Administrative Offences, you should immediately register the injury in full compliance with the requirements of current legislation.

Establishing the fact of an industrial injury

It is important to determine the time of injury.

The employer is obliged to find out from the victim all the details of what happened in order to really make sure that the injury occurred at work.

There are situations when employees simply deceive employers in order to receive insurance compensation. Having sprained their leg at home, they go to the hospital and say that it all happened at work.

By the way, a person who works under conditions at an enterprise can receive insurance compensation, naturally, if insurance premiums stipulated by the contract.

It is very important at what time the accident occurred:

during the working day;
during lunch or other breaks;
during overtime work;
during the performance of official duties on holidays or weekends.

The main thing is that work outside of normal hours should be agreed upon with the administration of the enterprise.

Documentation of work injury

A specific list of documents to be completed.

First of all, the employee should be required to provide a written explanation of the incident.

During the first 24 hours from the moment of detection of an industrial injury, it is necessary to notify the FSS authorities using a special form provided for by the FSS Order dated August 24, 2000.

Now you can send a request to the hospital institution for an opinion using form No. 315/u. This certificate confirms the degree of severity.

If the injury is really serious, then the administration of the enterprise is obliged to draw up a corresponding act in form 315/у. The act must be familiarized with the victim’s signature.

After drawing up the act, no later than the first day, the employer draws up a notice of a serious accident (form No. 1, provided for by Resolution of the Ministry of Labor No. 73) and sends it to the following authorities:

Regional branch of the FSS;
Labor inspection;
Prosecutor's Office;
To local government bodies;
The higher regulatory body, for example, at pharmacies is Roszdravtekhnadzor;
Trade union.

To eliminate unnecessary questions that may arise from higher authorities, it is recommended to attach a copy of the act in form 315/y and a medical report or sick leave to the notice.

Investigation

A commission is convened to investigate.

Conducting an investigation into a work-related injury is a mandatory stage in the preparation of injury documentation.

First, an order is issued that will approve the investigation commission. If the injury is classified as minor, then only employees of the enterprise are included in the commission; this may be the head of the victim’s structural unit, a representative of the accounting department and the personnel department.

If a medical report confirms a serious injury, then representatives of the Social Insurance Fund, labor inspectorate and local government officials will have to be included in the commission. In this case, the head of the commission can only be a representative of Rostrud.

The commission has the right to interview the victim and witnesses.

If the injury was sustained as a result of an accident, then information is requested from the traffic police, the scene of the accident may be inspected and a protocol may be requested.

At the end of the investigation, the commission draws up an act in form N-1 (the form is approved by Resolution of the Ministry of Labor No. 73). The act is drawn up in 3 copies, for:

The victim;
Employer;
FSS bodies.

Payment of sick leave

The main difference in the amount of disability benefits due to an industrial injury is that payments are made at 100% of the average wages the victim.

However, payments cannot exceed four times the maximum monthly insurance benefit. Payment for sick leave is made from the 1st day of issuing a certificate of incapacity for work.

Consequences of failure to investigate a work injury

If suddenly, the management of the enterprise refuses to investigate the accident, prepare all relevant documents, notify regulatory authorities and pay insurance benefits, then the victim himself or his relatives can apply to labor inspection. It should be remembered that accidents have no statute of limitations.

The labor inspectorate, by issuing an order, will oblige the enterprise to conduct an investigation.

In addition, the inspectorate has the right to fine the company, including senior management, for concealing the fact of a work-related injury.

It is necessary to find out all the reasons for what happened.

In addition to the fact that an employee can deceive the employer and claim that the incident happened to him at the enterprise, the law establishes cases in which injuries will not be regarded as work-related:

if the employee at the time of injury, although he was at work, was under the influence of alcohol or drugs;
the employee died due to suicide or from a general illness;
during the incident, the employee was committing a crime.

In any case, the decision must be made by a commission, so even if there is clear confirmation of one of the provided “aggravating” circumstances, a commission must be created and conduct an investigation. Therefore, you should never feel sorry for drunk employees, but immediately remove them from work as soon as it becomes clear that they have alcohol in their blood.

The employer must remember that it is his responsibility to avoid situations in which employees may suffer a work-related injury, and never allow difficult and hazardous work persons who, for health reasons, cannot perform them.

If an accident does occur at work, then do not try to hide it, but, following the entire procedure, investigate and register the accident so that the victim does not have the opportunity to go to court and protest the employer’s decision.

In this video you will learn how to properly document work-related injuries.

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What injuries are considered work-related?

Occupational injuries are classified as accidents that are subject to recording and control.

According to Art. 227 Labor Code RF (hereinafter - TC), accidents subject to recording and control include accidents that occurred with employees and other persons involved in production activities employer (including with persons subject to compulsory social insurance against industrial accidents and occupational diseases), when they perform labor duties or perform any work on behalf of the employer (his representative), as well as when carrying out other lawful actions stipulated by labor relations with the employer or carried out in his interests.

Persons participating in the employer’s production activities, in addition to employees performing their duties under an employment contract, include:

Employees and other persons receiving education in accordance with an apprenticeship contract;

Students undergoing industrial practice;

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

Persons sentenced to imprisonment and forced to work;

Persons involved in in the prescribed manner to fulfill public useful works;

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

Industrial injuries (bodily injuries, death) are a narrower concept than industrial accidents that are subject to recording and control. Work-related injuries include cases sustained at work or in the process of labor activity within the framework of labor relations, bodily injuries (injuries), including those caused by another person; heatstroke; burns, frostbite; drowning; defeat 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 emergency circumstances, other health damage caused by exposure to external factors, resulting in the need to transfer the victim to another job, temporary or permanent loss of ability to work, or death.

Industrial accidents are subject to investigation and recording only if they occur:

1) in work time on the employer’s premises, including during breaks, performing actions related to preparation for the start of working hours and its completion, as well as on weekends and non-working holidays;

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

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

When receiving a report of a work-related injury, the following sequence of actions must be followed: you must call a doctor to provide first aid to the victim, you must immediately notify the manager about the accident and ask witnesses to state the circumstances of the incident. In this case, the employer is obliged to organize assistance to the victim, and, if necessary, ensure delivery to a medical institution (hospital, emergency room, medical center). 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 based on witness testimony, examination results and the circumstances of the incident. The size of payments to the victim and the possibility of his treatment at the expense of the Social Insurance Fund depend on the commission’s conclusions. If the victim has violated safety rules, then his chances of receiving treatment compensation from the employer will be significantly lower.

The timing of the investigation, according to Art. 229 Labor Code, depend on the severity of the work injury. The investigation of accidents with minor 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 must prove that the harm to health occurred as a result of a work 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 industrial, in accordance with Art. 184 Labor Code, the employee is compensated 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 an employee.

In case of damage to health or in the event of death of an employee as a result of an accident at work or an occupational disease, the employee (his family) is compensated for his lost earnings (income), as well as additional expenses associated with damage to health for medical, social and professional rehabilitation or corresponding expenses in connection with death of an employee.

Accidents at work are subject to recording in special journals (Form 9). At enterprises and organizations, such logs are kept in accordance with the resolution 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 recording of industrial accidents, and provisions on the peculiarities of the investigation of industrial accidents in certain industries and organizations "in organizations."

Logs of registration of accidents at work must be stored in the organization for 45 years.

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

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

What is a workplace injury?

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

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

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

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

Documents, registration and investigation procedures

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

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

On a note:

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

Documents submitted by the employer to the insurance fund:

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

Documents from the injured employee:

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

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

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

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

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

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

We remind you:

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

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

Benefit for temporary disability due to an accident at work

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

One-time insurance payment

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

Monthly insurance payment

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

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

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

Compensation for moral damage

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

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

In the course of work, be it in the office or industrial enterprise, there is a possibility of an accident and the employee may suffer a work-related injury. This fact must be immediately reported to management. However, some people are afraid of problems or bureaucratic delays, so they try to frame the incident as a domestic one. By hiding this fact, in the future, if complications arise, the employee may be left without the help that is due to him by law.

What is a work injury

The main task of the occupational safety service at work is to reduce the occurrence of occupational diseases and injuries, as well as to minimize their consequences. Accidents that result in injury or injury to a worker are considered work-related injuries. It should be understood that this concept affects not only the time spent directly at the workplace, but also the following situations:

while traveling to the place of work in the organization’s transport or your own, which is used for production purposes;
on the way to a business trip and back;
when performing work at the direction of management that is not included in the list of job responsibilities;
during the liquidation of the consequences of emergencies and disasters when involving an employee in the prescribed manner.

Legal regulation

Currently, Russia has developed a system of regulatory legal acts that guide the investigation and prevention of injuries at work. If we take into account the specific features of production with its local provisions, job descriptions, it can be stated that the number of documents related to injury investigations is increasing significantly.

It is difficult to apply them all at once; for this reason, occupational safety services are developing special schemes, certain formulas that contribute to a more thorough and verified investigation of accidents. In addition, in this way, workers’ awareness of their rights and responsibilities is increased in order to prevent harm to health and protect against injury.

Main causes of industrial injuries

Accurate performance of job duties and compliance with safety regulations helps reduce injuries received at work. Conventionally, they can be divided into technical, organizational and personal. The main cause of accidents is negligence in the workplace. In addition, reasons may include non-compliance with rules of conduct, violation technological process, both through the fault of the employee himself and his management.

Types of work injuries

There are several signs by which industrial accidents can be classified. Based on the number of victims, injuries sustained at the workplace are differentiated into single and group (when 2 or more people were injured). Depending on the circumstances that caused the injury, injuries associated directly with production process and not related to him, but related to work. According to severity, it is customary to distinguish:

mild (pricks, scratches, abrasions);
severe (bone fractures, concussion);
with a fatal outcome (the victim dies).

Work injury

According to statistics over the past decade, the number of injuries associated with professional activity, decreased. This is associated not with improving working conditions and increasing the responsibility of management and subordinates, but with a reduction in the number of workers employed in hazardous industries, where the risk of injury is higher than usual. Often, statistical figures are associated with concealment of incidents, since this threatens major troubles for management, so the employee is persuaded to register the injury as non-work-related, promising him time off and unscheduled payments.

What is the threat to the organization?

For violation of legislation in the field of labor protection, as a result of which an industrial injury was recorded, the management of the organization faces disciplinary, administrative and even criminal liability. This could be a reprimand, dismissal, fines amounting to several thousand rubles, or a complete stop of production until the reasons for what happened are clarified. If an employee dies, the manager may be imprisoned or sent to correctional labor.

What should an employee do?

The first thing the victim must do if he is injured at work is not to leave the scene of the incident, since in this case it will be difficult to prove the fact itself, and the incident will be classified as domestic. Next, you need to notify your immediate superiors about the incident yourself or through witnesses and call a medical professional who will assess the severity of the injury.

Responsibilities of a manager in case of an accident at work

The incident requires the employer to take urgent measures that will subsequently help avoid big problems, and in some situations, not be held liable if the injury occurred through the fault of the employee. The immediate responsibility of the management is to provide emergency assistance to the victim until the reasons are determined, and, if necessary, transport him to the department of the medical institution. If, as a result of what happened, it may develop emergency or a disaster, the manager is urgently obliged to take measures to prevent and prevent them.

Creation of a commission

A prerequisite for investigating an industrial accident is the creation of a commission whose duties are to find out all the reasons for the incident. According to the law, it may include the victim himself in order to exclude facts of falsification. The number of people depends on the severity of the injury, but the number of representatives must be at least three.

Conducting an investigation

After the creation of the commission, a direct investigation of the accident begins. It is determined why the work injury occurred, and both the victim himself and witnesses to the incident are questioned. Authorized persons are obliged to find out who is responsible for the incident with a view to subsequent punishment in accordance with the law. The severity of the damage caused must be established.

How to file a work injury

Any injury sustained at work for any reason must be recorded in a special journal. The very fact of an emergency is reflected by drawing up a report on the incident according to the template established at the enterprise in at least 2 copies - for the employer and the victim. It is certified by all members of the commission, after which it is handed over to management and certified with a seal. If the victim is a foreigner, then in addition to the act in Russian, a document is drawn up in native language employee. An officially drawn up paper must contain the following information:

information about the accident;
circumstances and reasons for what happened;
information about the perpetrators;
the degree of guilt of the victim;
witness statements, if any.

Where to report an accident

The manager is obliged to notify the Social Insurance Fund if a subordinate receives an injury during work. If 2 or more people were injured or there was a death, the circle of authorities where it is necessary to report the incident. These are the state labor inspectorate, the prosecutor's office and local authorities self-government, the employee’s immediate superior if he is on a business trip, and the trade union. If acute poisoning occurs, Rospotrebnadzor is also informed about the incident.

What documents are needed from the employer?

After medical assistance has been provided, all interested services have been notified and an investigation has been carried out, the head of the organization must provide the Social Insurance Fund with a number of papers for the calculation of certain payments to the victim. Documents such as a copy of the accident report and a certificate of average earnings for a certain period are required to calculate insurance payments.

In addition, you must attach a certificate confirming the period of accrual of temporary disability benefits. Copies of documents confirming labor Relations between an employer and an employee injured at work. These include employment history, an employment contract that stipulates a clause on the payment of compensation in the event of an emergency at work.

Documents from the injured employee

The injured employee also needs to present a certain list of documents. Firstly, this is an application for security in connection with injuries suffered. Secondly, the conclusion of a medical and social examination, which indicates the degree of disability. You will have to submit a conclusion on the prescribed types of medical, social and professional rehabilitation and the recovery program itself. It would not be amiss to attach documents that will testify to your own expenses for rehabilitation and treatment.

What payments are due for a work injury?

If there was a fact of injury at work, then the employee is entitled to payments and compensation in accordance with the legislation of the Russian Federation. Many may think that all funds paid to the victim due to temporary disability due to an accident fall entirely on the shoulders of the employer. This is not entirely true. When the enterprise where the injured person works pays monthly contributions to the Social Insurance Fund, then it is only a connecting link, transferring money coming from the Fund to the injured worker. Check out the online service for generating reports to the Social Insurance Fund.

Company management can still assign certain additional payments to a subordinate as some kind of compensatory measures, but this happens rarely and at the discretion of the employer. In addition, the trade union organization of the enterprise, if the employee is a member, often provides assistance for the treatment or rehabilitation of the patient. It can be either one-time or regular, until the victim returns to workplace.

How is sick leave paid?

To pay for sick leave, you will need to provide a certificate of temporary work ability and a certificate issued by a commission created at the enterprise. The money is transferred to the employee as quickly as possible, as required by law. Since issuing a sick leave certificate requires an act drawn up by the commission, the conclusion is issued within up to 3 days for minor bodily injury and up to 15 for a severe case or death. The calculation of disability payments does not differ from the standard procedure, since sick leave for an industrial injury is paid in the same way as others.

One-time insurance payment

There are certain limits that affect the amount of a lump sum payment when you are injured at work. They are established on the basis of a special government decree. For 2019, the maximum amount is 80,534 rubles. Exact figure for each employee is established by the organization in which the victim is insured. It is based on the conclusion of a medical examination conducted by an accredited institution. Here, the damage caused to the employee and the degree of disability must be taken into account.

Monthly insurance payment

In addition to a one-time insurance payment, an employee who has a confirmed work-related injury is entitled to monthly contributions from social insurance, the amount of which is a certain percentage of his average monthly salary. Its value is influenced by a coefficient, the value of which is directly related to the degree of disability. However, there is also an upper limit here that cannot be violated. In 2019 it is 61,920 rubles.

The amount due is calculated once, after which it can be indexed. The transfer of monthly insurance payments to the employee continues until he full recovery after the fact of injury. If a complete recovery does not occur, the victim will receive monetary benefits for the rest of his life. Provided that the fault of the injured employee is proven, the amount of accruals will be reduced by a maximum of a quarter.

Additional payments for employee rehabilitation

An injured employee has the right to demand from his superiors compensation payments that arose as a result of additional expenses for treatment and purchase medical supplies and funds for rehabilitation (including the purchase of prostheses). Transportation costs incurred when delivering the patient to the place of treatment and rehabilitation and back are subject to reimbursement. If the patient had to retrain due to injury to work in another specialty, these costs will also be borne by the guilty party.

Compensation for moral damage

An industrial injury is also a great stress, so an employee has every right, in accordance with the law, to count on compensation for moral damage caused if the incident was not his fault. When the manager refuses such payment, the employee may apply to the court to resolve the dispute. The amount is determined by agreement of the parties, but may be assigned by the courts. Often the employer prefers to compensate for moral damages rather than pay compensation in the future.

Death at work - payments

If a work injury results in the death of an employee, then close relatives of the patient have the right to payment. One-time assistance in case of death is paid within a million rubles. To obtain it, you must provide a number of documents:

death certificate;
conclusion of forensic experts;
salary certificate of the deceased;
certificate of presence of dependents;
documentary evidence of funeral expenses.

Responsibility for concealing an industrial accident

An industrial injury resulting from an industrial accident must be recorded, and all such incidents must be investigated in accordance with the established procedure. If the employer refuses to draw up an occupational injury report, the employee has every right to seek this through special bodies and the court. To confirm this, photo and video recordings and witness testimony are used, because it will be difficult to prove an emergency without traces of visibility.

When a manager tries to hide the fact of an accident, he becomes liable because the insured event is being concealed. These also include actions when the employer has not created an investigation commission. All this is subject to administrative liability in accordance with the Code of Administrative Offences.

Video

Causing harm to the health of a worker or employee as a result of an industrial accident, resulting in: the need to transfer the employee to another job, temporary or permanent loss of the employee’s ability to work, the death of the employee.

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

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

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

Note. Accidents that occur with students undergoing practical training with an employer, or persons involved in performing socially useful work, are also subject to investigation and recording.

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

Industrial injuries sustained during working hours.

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

But, if you do get injured at work, first of all, of course, you need to call a doctor. Then you should call your immediate superior and ask witnesses to the incident to tell about what happened. After the fact of injury is recorded, you can go to the hospital.

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

All work-related injuries received by employees while performing 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 recorded and investigated (Articles 227, 230 of the Labor Code of the Russian Federation). There are no special features in the investigation of injuries and 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 classified as an accident not related to production: by decision of the accident investigation commission, state labor inspector or court. For example, injuries the sole cause of which was alcohol or drug intoxication, or injuries that were received when the victim committed actions qualified by law enforcement agencies as 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 delivering reports on the instructions of the employer to the tax office on public transport or on foot), then such an injury is an industrial injury (clause 3 of the Regulations on the Peculiarities of Accident Investigation in production in certain industries and organizations, approved by Resolution of the Ministry of Labor of Russia dated October 24, 2002 No. 73).

On the way to work
An injury is considered work-related if the employee traveled to (from work) using the employer’s transport and was injured. If in his own car - only if the employee used his own car by order of the employer or the use of the employee’s car for business purposes was stipulated in the employment contract (Articles 227, 230 of the Labor Code of the Russian Federation).

An accident cannot be considered production-related if the employee was traveling by public transport, driving his own car (without agreement with the employer) or walking.

If at the end of the working day an employee went on errands, for example, submitted reports, and then, without stopping at the office, went home and was injured on the way, then in this case the employee fulfilled the employer’s instructions to submit reports and from that moment stopped fulfilling his work obligations. responsibilities. Consequently, an injury received by an employee on the way home (unless he was traveling home in the employer’s transport) is not considered work-related.

Commission of Inquiry into Work Injury.

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 enterprise management, the state labor inspectorate, labor protection organizations, law enforcement agencies and doctors. If an accident results in the death of an employee at work, an employee of the prosecutor's office must be involved in the investigation.

The commission determines the degree of guilt of the victim based on witness testimony, studying the nature of the injury, examination results and 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, your chances of receiving treatment compensation from your employer are greatly 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 later turns out to be severe, the employer must notify all panel members within three days.

Payments for work injuries.

Let us remind you 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.

If the employee’s health is damaged, the wages lost due to an industrial injury and expenses for medical, social and professional rehabilitation must be compensated (Article 184 of the Labor Code of the Russian Federation).
At the expense of the Social Insurance Fund (FSS RF), temporary disability benefits are reimbursed in the amount of 100% of earnings (Articles 8, 9 of the Federal Law of July 24, 1998 No. 125-FZ “On compulsory social insurance against industrial accidents and occupational diseases ").

The employee is paid a lump sum and monthly insurance payments, the size of which depends on the degree of loss of professional ability to work. It is determined by the establishment of a medical and social examination (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 Social Insurance Fund (clause 2 of Article 8 125-FZ).
In addition to mandatory payments, the company has the right to provide other compensation or payments in a larger volume. Such guarantees may be enshrined in an industry tariff agreement. If the organization has signed this agreement, then it is obliged to pay increased security to employees.
And moral damages 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 in percentage is established by the institution of medical and social examination (Article 3, paragraph 3 of Article 11 No. 125-FZ). The amount of lump sum and insurance payments depends on it (Article 10 No. 125-FZ).
According to the severity of health damage, accidents are divided into severe and mild. The amount of payment for the treatment of the victim depends on this. The severity of the health injury is determined by the medical organization where the injured employee first sought help.
The List, approved by Order of the Ministry of Health and Social Development of Russia dated February 24, 2005 No. 160, lists health injuries in which an industrial accident is considered severe. If the accident is considered serious, additional costs for treatment and rehabilitation of the injured employee immediately after this accident (in a hospital, clinic, sanatorium) are paid from the Social Insurance Fund (clause 3, clause 1, article 8 No. 125-FZ).

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

Moral damage and statute of limitations.

The employer must compensate the employee for moral damages (Articles 21, 22 of the Labor Code of the Russian Federation, paragraph 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 involving an employee.
Upon 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 (clause 25 of the Regulations). In practice, there are many cases when, after several years from the moment of injury, workers (former workers) who were injured at work contact the competent authorities in order to establish the fact of an accident at work.
If the organization where the accident occurred has already ceased to exist by that time, the Rostrudinspektsiya, together with the Social Insurance Fund and the territorial trade union, conducts an investigation on its own. The labor inspector examines the scene of the incident, interviews eyewitnesses and officials, and studies internal documents the employing organization and, based on the collected investigation materials, qualifies the accident as related or not related to production.

Record everything.

To obtain the compensation you are entitled to, you may need to prove a causal link between your work injury and the harm that occurred to your body. To prove this connection, you will need a doctor's report.
If the injury is severe and requires surgery, ask your doctor to also confirm that the surgery is related to the work-related injury. Otherwise, your employer may refuse to pay you for all of your medical expenses.

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 incapacity. The employee's salary should not be lower than what he received in a healthy state. Compensation payments are produced monthly.