Protocol of the commission for the investigation of an industrial injury. work injury

The term “occupational injury” means an injury (damage) at work by an employee due to an accident with such consequences as loss of work capacity (permanent/temporary), the need to transfer him to another job, or his death.

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

What is an occupational injury in the workplace?

According to Article 5 of the Federal Law No. 125 dated 24/07/98, each employee who has concluded an agreement / contract with the employer (including students in practice) must be insured against industrial 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 work-related injuries? We study the "letter of the Law" ...

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

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

Documents, procedure for registration and investigation

The phasing of management actions when an employee receives an injury 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 that happened to an employee, the manager must ...

On a note:

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

Documents that are transferred by the employer to the insurance fund:

1. A copy of the contract or work / book of the employee.
2. A copy of the act of injury at work.
3. A document on the period of payment for benefits (approx. by time / incapacity for work) due to an injury at work.

Documents from the injured employee:

1. Form application.
2. Documents that confirm the costs of the employee's rehabilitation (social, medical and professional).
3. The conclusion of the institution of medical and social expertise regarding the degree of loss of professional / disability.
4. rehabilitation program.
5. The conclusion of the institution of medical and social expertise regarding the types of rehabilitation that the employee needs.

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

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

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

1. Notification of an insured event in form 2.
2. Commission order.
3. Documents that are the materials of the investigation: photo / video materials, diagrams, protocols for interviewing witnesses and the victim, medical / conclusion about the injury (form No. 315 / y), expert opinions, protocol for examining the place of injury (form 7), research results and etc.
4. The act of an accident (manufacture / injury) - form H-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 seal of the company.
5. The conclusion of the state / labor inspector (note - f.5).
6. Reporting the consequences of the injury and the measures taken (note f.8).
7. Journal of registration of accidents (note f.9).

What are the benefits for an employee in case of a work injury?

Reminder:

Eligibility of an employee for post-time/disability benefits guaranteed by Article 5 of Federal Law No. 255 dated 12/29/06, but in case of recognition of an injury, a household employee is only entitled to a regular allowance (FZ No. 125). In case of an industrial injury, the employee has the full right to pay for 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 the Federal Law No. 125):

Benefit for temporary disability due to an accident at work

It is paid in the ratio of 100% of the average earnings. Moreover, the experience of the victim in this case does not matter. The employer pays the allowance.

Lump sum insurance payment

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

Monthly insurance payment

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

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

Pays FSS. This may include the following costs / expenses: treatment after an injury, purchase of medicines or items for the individual / care, provision of transport and technical equipment, rehabilitation. Vacation in excess of 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 funds spent after from the FSS.

Compensation for moral damage

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

Other compensation/payments fixed in the tariff agreement of the company (in collective agreement). The employer pays.

The Constitution of the Russian Federation states that an employee has the right to work in conditions that meet the requirements of safety and hygiene (part 3 of article 37), everyone is guaranteed social security by age, in case of illness, disability, loss of a breadwinner and in other cases established by law ( part 1 article 39). It is echoed by the Labor Code of the Russian Federation (Article 219).

However arbitrage practice proves that an accident at work is a fairly common occurrence. And employers are not in a hurry to pay. Moreover, an employee who has become disabled is in a hurry to be fired as soon as possible.
In detail, which injury is a work injury, was analyzed in the material. Let's take a look at what to do if you get injured at work.

Stage 1 Fixing an industrial injury
Call a doctor to conduct examinations and remove injuries. Then the immediate supervisor. Ask witnesses to the incident to tell your supervisor about what happened. After the fact of the injury is recorded, you can go to the hospital.

Many employers are unscrupulous and try in every possible way to delay the payment of compensation or avoid it altogether. To minimize this risk and deprive the employer of the opportunity to avoid paying compensation, you will need a doctor's opinion that will establish a causal relationship between the work injury and the harm caused to the body.

If the injury is severe and surgery is required, ask the doctor to confirm this connection. If there is an official opinion, the employer will not have a chance to refuse to pay you compensation and financial costs in connection with the treatment.

The employer is obliged to draw up an act within a day after the incident (according to Article 228.1 of the Labor Code of the Russian Federation). Please note that it is made in three copies with the obligatory filling in of all fields.

IMPORTANT! If the employer refuses to draw up a work injury report, he violates your rights and the law. In this case, the labor inspectorate should be involved.

It would be useful to study articles 228-231 of the Labor Code of the Russian Federation - if you are denied the issuance of an act, your other rights may also be violated.

If the situation is critical, you can contact the prosecutor's office - a criminal case can be initiated against the responsible persons.

Stage 2 Commission and investigation of work injury
The duties of the employer include: first aid to an employee injured at work, if necessary, delivering him to the emergency department, drawing up a protocol that indicates the details of the incident.

In accordance with Article 227 of the Labor Code of the Russian Federation, industrial accidents are subject to registration and investigation. The employer is obliged to create a commission of at least three people to investigate an industrial injury. The commission includes representatives of the management of the enterprise, the state labor inspectorate, labor protection organizations, law enforcement agencies and doctors. If an accident resulted in the death of an employee at the workplace, an employee of the prosecutor's office must be involved in the investigation.

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

All alcohol and drug-related accidents are considered on a case-by-case basis, based on the specific circumstances and available evidence. If a person just came to work drunk and got injured, there will be no payment. But if he works at a vodka production plant, inhales it and gets injured, he will receive compensation.

If the injury is of mild severity, the conclusion of the commission must be ready within three days. In the event of a severe injury, no more than 15 days should elapse from the moment of the incident. If the commission failed to cope with the task within the time limits that were set earlier, the duration of its work may be extended for another 15 days.

To severe cases include: shock, coma, blood loss of more than 20% of the total volume, acute failure of organ functions, penetrating injuries, some fractures (cervical vertebrae, spine, skull, chest), brain contusion, radiation injury, damage to the main blood vessels, termination of pregnancy. All the rest are considered to be light - a concussion, a simple fracture, muscle strains, and so on.

Step 3 What are the benefits for work injury
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All employees are subject to compulsory social insurance - this is the responsibility of the head of the enterprise.
All injured employees with whom an employment contract or work contract has been concluded are entitled to compensation for injuries (Article 3 of Law No. 125-FZ). In the second case, the employer assumed the obligation to pay contributions to the FSS.

If he refuses to do so, the victim may be able to recover by suing the offending business. At the same time, according to the decision of the Plenum of the RF Armed Forces No. 2, the effect of Law No. 125-FZ applies not only to Russians, but also to foreign citizens and even stateless people. If you work part-time in several organizations, you have the right to demand compensation from all places of work by providing a copy of the accident report.

IMPORTANT! Reimbursement can be received even by a person who is not registered under an employment or other contract. The Supreme Court clarified that in such a case, the arbitrators may take into account the usual amount of remuneration of the employee in his profession at the time of claiming insurance payments.

Accident pay is from the day the accident happened. The main document that confirms the accident is sick leave. If the employee has lost his ability to work for a long time or forever, a medical and social examination is carried out, an accident report is drawn up in the form of H-1 and / or an occupational disease report, and a conclusion of the medical and social examination is drawn up.

To date, the following types of social insurance are provided:
. temporary disability allowance due to an accident at work (100% of the amount of average earnings);
. lump-sum insurance payment, the payment is made only once, immediately upon the fact of illness (injury). If it turns out later that the person suffered more than it seemed at first, this payment cannot be recalculated .;
. monthly insurance payment;
. payment of additional expenses associated with the medical, social and professional rehabilitation of the insured (including payment for vacation in excess of the annual basic for the entire period of treatment and travel to the place of treatment and back).

In addition to mandatory payments, the company has the right to provide for other compensations or payments in a larger amount.

If the insured person died as a result of an accident at work, then his relatives - children, as well as disabled persons dependent on the deceased (or who received such a right after the death of the insured) will receive compensation.

The maximum amount of these insurance payments is established by the federal law on the budget of the FSS each year. The maximum limit for payment of additional expenses for medical, social and professional rehabilitation of the insured, as well as the conditions and procedure for payment are determined by the Regulation on the payment of additional expenses for medical, social and professional rehabilitation of insured persons who have received damage to health due to accidents at work and occupational diseases, approved by the Decree Government of the Russian Federation dated May 15, 2006 No. 286.

In the event of an occupational illness, the average monthly earnings may also be determined for the last 12 months of work preceding the incident that caused the illness. When calculating benefits, all positive changes in the salary of the victim must be taken into account: bonuses, upward indexation, etc. (clause 10 of the Resolution of the Plenum of the Armed Forces of the Russian Federation No. 2).

If in the end the employee does not have enough money that the FSS will reimburse him, he can receive additional funding directly from the employer who caused the accident. To do this, the victim must sue the employer.

It is not uncommon for employees to be injured in the course of their work. What should an employer do if an accident occurs? What documents should be issued? What payments are due to the victims? How to reflect them in accounting and tax accounting? You will find answers to these and other questions in the article.

The current legislation establishes the obligation of employers to transfer insurance premiums for compulsory social insurance against industrial accidents and occupational diseases to the FSS of the Russian Federation. These contributions are a kind of guarantee of compensation for harm to employees if they have damaged their health and lost their ability to work due to an accident at work.

Article 3 federal law dated 24.07.98 N 125-FZ (hereinafter - Law N 125-FZ) an accident at work is an event as a result of which an employee died or received damage to his health while performing job duties or work for the benefit of the employer. Moreover, where this event occurred - on the territory of the employer or outside it, or while traveling to the place of work or returning from the place of work on the employer's transport, does not matter.

Situation one. An employee is injured on the way to or from work. In this case, the injury will be recognized as work-related if the employee went to work (from it) on the employer’s transport or personal vehicle, however, subject to several conditions. First, the employee used a personal car at the direction of the employer or for official purposes, which is enshrined in the employment contract and the corresponding order. The second - in the accounting department there is a certified copy of the vehicle registration certificate. Thirdly, a record is kept of the employee's official trips in a personal car. In other cases, including when going to work by public transport, the injury is recognized as domestic.

Situation two. An employee is injured while on a business trip or business trip. In this case, the injury is recognized as work-related, regardless of how he moved (by transport or on foot). The main thing is that documents are available confirming that the work of the employee is traveling in nature or related to business trips.

Situation three. An employee was injured during a lunch break. AT this case an injury can be recognized as a work injury if the following condition is met: the time of the lunch break and its duration are established by the rules of the internal work schedule or an agreement between an employee and an employer. Given this condition, it turns out that if the employee had lunch at an unspecified time, then the injury received during lunch will not be industrial.

Situation four. An employee was injured during a corporate party. In this case, any injury will be considered domestic, since it was received outside of working hours and not in the performance of work duties. This follows from the provisions of Article 227 of the Labor Code of the Russian Federation.

What to do if an accident occurs

The procedure for the employer's actions in the event that an employee has an accident at work is determined by articles 228-230 of the Labor Code of the Russian Federation, as well as the Regulations on the peculiarities of the investigation of industrial accidents in certain industries and organizations, approved by the Decree of the Ministry of Labor of Russia dated October 24, 2002 N 73.

So, first of all, the employer must organize first aid for the victim or organize his delivery to medical organization and take immediate action to prevent other people from being exposed to traumatic factors.

Then, before starting an accident investigation, it is necessary to save the situation as it was at the time of the accident. And only after that it is necessary to inform the necessary authorities and organizations about the accident.

Note.The obligation to create a labor protection service or to hire a labor protection specialist lies with all employers if the number of their employees exceeds 50 people (Article 217 of the Labor Code of the Russian Federation).

If the injury is minor, then the accident should be reported only to the territorial body of the FSS of the Russian Federation at the place of registration. If the injury is severe or a group accident has occurred, then, in addition to social insurance, you will need to notify the following authorities:

the State Labor Inspectorate;

Prosecutor's office at the scene of the accident;

Executive authority or local administration at the place of registration of the organization (IP);

Trade Union;

Rospotrebnadzor for acute poisoning.

Note.The form of the message is given in Appendix N 1 to the order of the FSS of the Russian Federation of 08.24.2000 N 157, and notices in Appendix N 1 to the decision of the Ministry of Labor of Russia of 10.24.2002 N 73. The investigation period begins to be calculated from the day the order on the consciousness of the commission is issued.

Take note. When an event cannot be considered an accident

The current legislation establishes a number of cases that will never be recognized as industrial accidents. These include:

Death due to illness or suicide, confirmed by a health institution and investigating authorities;

Death (damage to health), if the only cause was alcohol (other toxic) intoxication of the employee, not related to violations technological process in which toxic substances are used;

An accident that occurs when a victim commits a crime.

This is stated in paragraph 23 of the Regulations on the peculiarities of the investigation of industrial accidents in certain industries and organizations, approved by the Decree of the Ministry of Labor of Russia of October 24, 2002 N 73.

To investigate an accident at work, the employer must set up a commission consisting of at least three people. This commission within three (for minor injuries) or 15 calendar days (for severe injuries or death) must comprehensively study all the circumstances of the incident. If a minor injury was subsequently recognized as severe, then another month from the moment of retraining is given to investigate the causes of the accident that occurred to the employee.

If the accident is recognized by the commission as related to production, then the results of the investigation are drawn up in an act (three copies) in the form H-1 given in Appendix No. 1 to Resolution No. 73. The act is signed by all persons who conducted the investigation, approved by the employer (his representative) and certified seal. One copy of the act must be transferred to the territorial body of the FSS of the Russian Federation, the second to the victim or his relatives, and the third copy of the act remains with the employer.

In addition, the commission is obliged to register the accident that has occurred in the accident register in accordance with Form 9, given in Appendix No. 1 to Resolution No. 73.

Note.The legislation does not provide for a statute of limitations for investigating an accident that occurred to an employee in the performance of his job duties.

After recovery (in cases of death - within a month after the completion of the investigation), the employer must send a message to the social insurance about the consequences of the accident at work and the measures taken. The message is submitted in accordance with Form 8 (Appendix 1 to Resolution N 73).

Please note: if the employer tries to hide an accident that happened to an employee and this is subsequently revealed, he may be held administratively liable. The fine for employers-entrepreneurs is from 500 to 1000 rubles, for employers-organizations - from 5000 to 10,000 rubles. (Article 15.34 of the Code of Administrative Offenses of the Russian Federation).

What should an employee do if they are injured at work?

The current legislation guarantees the following types of payments to an employee in the event of an industrial injury. These are temporary disability benefits, lump-sum and monthly payments, reimbursement of additional expenses for medical, social professional rehabilitation (Article 8 of Law N 125-FZ). And workers working on the basis of civil law contracts, guaranteed compensation by the employer for lost earnings.

Note.In addition to mandatory payments, the employer has the right to provide for other compensations or payments in a larger amount.

The one-time and monthly insurance payments are paid directly by the FSS of the Russian Federation. The amount of such payments is determined in accordance with the degree of loss of professional ability to work based on the maximum amount (Articles 10 and 11 of Law N 125-FZ). The maximum lump-sum payment in 2014 is 80,534.8 rubles, and monthly - 61,920 rubles. (Article 6 of the Federal Law of December 2, 2013 N 322-FZ).

Additional costs associated with the medical, social and professional rehabilitation of an employee are also paid directly by the FSS of the Russian Federation.

Note.If the employer delays the payment of benefits for more than one calendar month, then, at the request of the victim, it can be paid by the regional branch of the FSS of the Russian Federation (Article 15 of Law N 125-FZ)

The employer must pay temporary disability benefits due to an accident at work. Subsequently, the amounts paid are fully credited towards the payment of insurance premiums in case of injury.

At its own expense, the employer pays the injured employee only compensation for non-pecuniary damage caused in connection with an accident at work (Article 8 of Law N 125-FZ). The amount of compensation is established by the court (Article 1101 of the Civil Code of the Russian Federation).

Calculating work injury benefits

The procedure for calculating the hospital benefit in this case is somewhat different from the calculation of the usual temporary disability benefit.

Note.In the sick leave, an accident at work or its consequences are indicated by code 04.

Sickness benefit in connection with an accident at work is paid for the entire period of temporary disability until the employee fully recovers in the amount of 100% of his average earnings (Article 9 of Law N 125-FZ). This is defined average earnings according to the rules established in Article 14 of the Federal Law of December 29, 2006 N 255-FZ.

So, in order to calculate the average earnings, it is necessary to take the payments subject to insurance premiums in case of injury for the two years preceding the year of the insured event. Moreover, at the request of the employee, these years can be replaced by previous ones if one of them (or two at once) had maternity leave or parental leave.

Next - attention! The amount of an employee's average earnings does not need to be compared with the marginal contribution base, as it should be done in the case of calculating ordinary sick leave. This means that all actual payments for two years, from which contributions to the FSS of the Russian Federation were paid in case of injury, must be taken into account in the calculation of benefits in connection with an industrial injury.

If the employee in the billing period does not have earnings or his earnings for this period, calculated for a full calendar month, are less than the minimum wage, then the benefit must be calculated based on earnings equal to the minimum wage on the date of the insured event.

Note.From January 1, 2014, the minimum wage is 5554 rubles. (Article 1 of the Federal Law of December 2, 2013 N 336-FZ).

To determine the average daily earnings, it is necessary to divide the sum of the average earnings accrued for the billing period by 730.

The amount of the daily allowance in connection with an industrial injury is equal to the average daily earnings and is not subject to adjustment depending on the length of the insurance period of the employee.

Note.In the cases listed in Article 8 of Law N 255-FZ, the benefit in connection with an industrial injury may be reduced to the minimum wage.

Finally, the amount of the injury benefit is calculated as follows: the amount of the daily allowance must be multiplied by the number of paid calendar days of disability.

It doesn't seem to be all that difficult. But, as they say, in any barrel of honey there is always a fly in the ointment. So here. According to paragraph 2 of Article 9 of Law N 125-FZ, the maximum amount of temporary disability benefits due to an accident at work or an occupational disease for a full calendar month cannot exceed four times the maximum amount of the monthly insurance payment established in accordance with paragraph 12 of Article 12 of Law N 125-FZ.

In 2014, this limit is 247,680 rubles. (4 x 61,920 rubles) (Article 6 of Law N 322-FZ).

If the amount of the benefit, calculated from the average earnings of the employee, exceeds the maximum amount of the benefit, then this benefit is paid based on maximum size. However, in this case, the amount of the daily allowance is calculated as follows: the maximum amount of the allowance for a full calendar month is divided by the number of calendar days in the calendar month in which the temporary disability falls. Accordingly, the amount of the temporary disability benefit payable is calculated by multiplying the amount of the daily allowance by the number of calendar days falling on the period of temporary disability in each calendar month.

An employee of Omega LLC P.V. Semenov, as a result of an accident at work, was on sick leave for 21 calendar days (from March 24 to April 13, 2014). For the billing period - from January 1, 2012 to December 31, 2013 - the actual earnings of P.V. Semenov amounted to 960,000 rubles. Calculate the amount of temporary disability benefits.

The total amount of payments taken into account when calculating benefits is 960,000 rubles. In terms of a calendar month, this is 40,000 rubles. (960,000 rubles : 24 months). As you can see, this is much more than the minimum wage. Accordingly, further calculations will be made based on the actual earnings of the employee.

Calculate the average daily wage. It is equal to 1315.07 rubles. (960,000 rubles : 730 days). This means that the amount of the daily allowance is also 1315.07 rubles.

Calculate the amount of temporary disability benefits for 21 calendar days of illness. It will amount to 27,616.47 rubles. (1315.07 rubles x 21 days).

Now we calculate the amount of temporary disability benefits, taking into account the maximum limit.

For March 2014, the amount of the allowance is 63,917.42 rubles. (247,680 rubles: 31 days x 8 days), for April - 107,328 rubles. (247,680 rubles: 30 days x 13 days).

That is, the amount of the sickness benefit, taking into account the maximum limitation, is 171,245.42 rubles. (63,917.42 rubles + 107,328 rubles).

Since the temporary disability benefit, calculated on the basis of actual earnings, is less than the maximum amount, P.V. Semenov is entitled to an allowance in the amount of 27,616.47 rubles.

In conclusion, we note that the amount of temporary disability benefits due to an accident at work is subject to personal income tax, but is not subject to insurance premiums in off-budget funds(Article 217 of the Tax Code of the Russian Federation and Article 9 of the Federal Law of July 24, 2009 N 212-FZ). This is also confirmed by the regulatory authorities (letters of the Ministry of Finance of Russia dated February 22, 2008 N 03-04-05-01 / 42, dated November 19, 2007 N 03-04-06-01 / 397, dated 04/05/2007 N 03-04-06- 01/111 and the Federal Tax Service of Russia dated March 16, 2007 N 04-1-02/193).

There is no insurance against accidents, but if this accident occurred at work, there is an opportunity to receive compensation for an industrial injury.

Related materials:

The popular term " work injury"- the legacy of Soviet times and now is nothing more than a colloquial expression. The legally correct term is " industrial accident».

Injuries and occupational diseases

If you believe that you have had an accident at work, it must first be qualified. Not every bump received at work can be regarded as a corresponding injury. A thorn in the finger is not a reason to file an accident. What kind of injury is this if you do not need to take a sick leave or a certificate of incapacity for work at least for a day (Article 230 of the Labor Code of the Russian Federation)? A medical opinion is required to confirm a work-related injury.

An accident at work is considered to be events that occurred during the working day at the place of work assigned by the employer, including during breaks and when performing overtime. Occupational injuries include injuries received “when traveling to the place of work or from work in a vehicle provided by the employer, or in a personal vehicle in the case of using a personal vehicle for official purposes by order of the employer, as well as during business trips and business trips (Article 227 of the Labor Code of the Russian Federation).

In the Order of the Ministry of Health and social development RF No. 160 has an explanation of which workplace injuries are considered minor and which are severe.

Accounting and investigation

In accordance with Art. 227 of the Labor Code of the Russian Federation, accidents at work are subject to registration and investigation. Investigation of an accident at work applicable to all persons involved in production activities employer, and not only to employees performing their functions under an employment contract. It also applies to trainees, prisoners, persons involved in the performance of socially useful work and the elimination of the consequences of accidents.

Cases are subject to investigation, as a result of which the following were obtained:

• bodily injury, including inflicted by another person;
• heatstroke;
• burn;
• frostbite;
• drowning;
• defeat electric shock, lightning, radiation;
• bites and other bodily injuries caused by animals and insects;
• damage due to accidents.

Obligations of the employer in the event of an accident 228 of the Labor Code of the Russian Federation:

• immediately provide first aid and deliver to a medical facility, if necessary;
• prevent the possible development of an accident;
• leave the scene "as it was" at the time of the accident until the start of the investigation (if this does not endanger other employees);
• if it is impossible to save the situation - draw up diagrams, photograph or videotape);
• immediately inform the state labor inspectorate in the city of Moscow, the prosecutor's office at the scene of the accident, the insurer for compulsory social insurance, the organization that sent the victim, the relevant trade union body, as well as the relatives of the victim about the accident.

In case of acute poisoning, the employer must inform the territorial office Federal Service on supervision in the field of consumer protection and human well-being in Moscow.

The employer is also obliged to keep a journal for registering accidents (Article 230.1 of the Labor Code of the Russian Federation). When accounting for an accident, it is important to remember that the fact that medical care does not affect the assessment of the severity of the injury.

Conducting an investigation of injuries at work is legally assigned to state labor inspectors.

The procedure for filing materials for the investigation is specified in Art. 230 of the Labor Code of the Russian Federation. It is required to draw up in two copies about an accident at work in the form of H-1 (in case of a group accident, separate ones are compiled for each victim). Upon completion of the investigation, they are signed by the inspectors who conducted the investigation, certified by the signature of the head and the seal of the organization.

The forms of materials are approved by order of the Ministry of Social Development of the Russian Federation No. 275 "".

The employer is obliged to ensure the safety of working conditions (). If during the investigation the employer's fault in non-compliance with labor safety regulations is proved, he will be fined. Individual entrepreneur get off with an administrative fine of one to five thousand rubles. The amount of the fine for legal entity will be in the range of thirty to fifty thousand rubles. A punishment for a legal entity can be not only a fine, but also an administrative suspension of activities (Article 5.27 of the Code of Administrative Offenses).

Benefit

All employees are subject to compulsory social insurance and this is the responsibility of the employer (Article 6 of the Federal Law “On the Basics of Compulsory Social Insurance”).

If the victim works part-time in several organizations, he has the right to demand compensation from all places of work. This is explained in the letter of the Ministry of Health and Social Development of the Russian Federation N3311-LG "". For requirement temporary disability benefits You must provide a copy of the accident.

Paid to the victim for the entire period of illness.

To calculate temporary disability benefits, it is required to calculate the insurance work experience of the victim. The length of service includes the period of work under an employment contract and “periods of other activities during which the citizen was subject to compulsory social insurance” (Article 16 of the Federal Law “On providing benefits for temporary disability, pregnancy and childbirth of citizens subject to compulsory social insurance”). Seniority is calculated in calendar order.

The amount of the allowance is calculated in accordance with the length of service of the victim (Article 7 of the Federal Law “On the provision of benefits ...”). A benefit of 100% of average earnings (calculated for 12 months) is due to an employee with more than 8 years of experience, 80% to an employee with 5-8 years of experience, and 60% is due to an employee who has not worked for five years. If a disability occurred within 30 calendar days after the termination of work, the amount of the benefit will be 60% of the average earnings.

Compensatory benefits are not taxed (Article 217 of the Tax Code of the Russian Federation).

It often happens that the employer and his employee do not want to "dig" in the papers and agree on benefits without drawing up acts and other documents. In this case, the injured worker is deprived of legal support in case of complications or subsequent refusal of the employer to compensate.

An accident at work, or an industrial injury, is a damage caused to the health of an employee as a result of the performance of his official duties and resulting in temporary disability, disability or death.

To classify an accident at work as an occupational injury, a number of conditions must be met and the presence of legally approved signs of an accident is required. If the injury is recognized as work-related, the employer is obliged to make the due payments and compensation in favor of the injured employee or his family.

Conditions and signs

For an injury to be recognized as a work injury, it must have two main features:

• the injury occurred at the workplace;
• damage to the health of the employee was caused during the performance of the official duties fixed in the employment contract or actions performed by the direct order of the employer.

At the same time, a workplace does not necessarily mean a certain territorially limited production area. If the employee performs his job duties in accordance with the contract, in accordance with the order of the head working time, this allows you to qualify the injury as a work injury. This condition applies in full measure to holidays, weekends, lunch breaks, overtime work.

There are a number additional conditions, which help to qualify the incident as a work-related injury:

• the employee was injured on the way to work if he got to the workplace in a working vehicle or in a private car used for production purposes;
• the accident occurred on a business trip, including the period of travel;
• the incident that caused the injury occurred during the rest between shifts, if the rotational method of work is used.

This list is not final. So, if the injury was received during a break for lunch or rest regulated by the order of the director, then it will be recognized as production only if the employee has not violated any internal safety regulations regarding the place or rules for eating (rest).

Payments and compensation for work-related injuries in 2019

Work injury is the basis for payments and compensation to the employee. The amount of the amounts paid is regulated by law and is subject to regular indexation, as it is directly related to the established salary.

Legislatively approved payments can be made both from the Social Insurance Fund (FSS), where the employer makes monthly payments to the employee, and at the expense of own funds the employer in the event that his fault in what happened is established.

Payment types

The employee is entitled to receive the following payments directly related to injury at work:

• payment of a one-time insurance;
• monthly insurance payment;
• payment of expenses related to treatment, care, rehabilitation of an injured employee and some other items.

Payments must be made in full compliance with labor legislation within the time limits established by law.

sick leave

Based on the received medical institution sick leave to the victim is paid for the entire period of treatment. At the same time, seniority does not matter for calculating the amount of benefits.

The employer must pay the average wages for a period of temporary disability in full. To calculate the average salary, information is taken from two calendar years, preceding the event. However, if comorbidities were found labor discipline(alcohol or drug intoxication), the amount of sick leave pay can be significantly reduced.

Insurance payments

The amount of the lump-sum payment from the insurance company is indexed annually and cannot exceed the maximum established amount. Based on the conclusion of a medical examination conducted by a licensed medical institution, the amount of the insurance payment is assigned. The degree of disability and the damage caused to the health of the victim are taken into account.

In 2019, the lump sum allowance cannot exceed 80,534 rubles. It is impossible to exceed the established maximum value in case of an industrial injury. It is established on the basis of a special government decree regulating the issues of disability due to both trauma and occupational diseases. However, the family of the deceased will be paid 1 million rubles. In addition, the employee is paid monthly insurance amount equal to a certain percentage of his average monthly salary.

It is calculated according to the coefficients applied depending on the degree of disability, but cannot be higher than 61,920 rubles in 2019.

Once calculated amount is further indexed. Payments will continue until full recovery. In the event of a permanent disability or the inability to restore lost functions, the employee will receive the amount of the payment for life.

If the investigation of the incident reveals the employee's fault in what happened, the amount of monthly compensation payments paid will decrease. The maximum level of reduction in payments is no more than 25 percent.

Additionally

An injured worker has the right to receive compensation for the additional expenses incurred by him. According to the government regulation, the paid additional expenses include those directly related to treatment and further physical and vocational rehabilitation.

The list of positions subject to material compensation from the employer is as follows:

• treatment;
• purchase of medicines and means of rehabilitation;
• purchase of patient care products;
• payment of transportation costs for the delivery of the victim to the place of treatment (rehabilitation) and back;
• purchase of prostheses;
• professional retraining.

Payment of such expenses is made by the employer, further compensating them at the expense of the FSS.

In addition, payment may be Money on the basis of a court decision on causing moral harm to an employee. The defendant in this process must be the employer or the person who caused harm to the health of the victim at the time when he was performing his labor duties.

The amount of this payment is determined by agreement between the plaintiff and the defendant or is appointed by the court. Most often, the company resorts to paying moral time in order to avoid paying compensation.

How to receive

In order to receive a compensation payment after an industrial injury, you should collect a complete package of supporting documents, write an appropriate application in the approved form and send the papers to the FSS department. An authorized employee of the Fund is obliged to make a decision on this issue within the time limits established by the regulations, that is, no later than ten days after receiving the package (excluding weekends and holidays).

The package of documents includes the following papers:

• an application in the prescribed form (compiled by the victim himself or his representative);
• an act signed by members of the commission investigating the event;
• the conclusion of the Bureau of Medical and Social Expertise on the state of health, the degree of the applicant's ability to work;
• copies employment contract(contract);
• filled employment history(copy);
• official .

If a positive decision is made, the amount due will be paid to the victim.

The lump-sum allowance is paid immediately after the decision is made. If the incident resulted in the death of an employee, compensation is paid to the next of kin.

Employer actions

Legislation in part of Articles 228-231 Labor Code regulates the actions of the employer after the occurrence of an event related to an industrial injury. Management is obliged to begin immediate work to investigate the incident and provide competent primary assistance to the victim.

The employer steps are as follows;

1. Provide first aid to an injured worker. If necessary, immediately deliver it to the nearest medical facility.
2. In case of danger to other employees, involve the competent services in the elimination of the consequences of the event, ensure the safety of other members of the labor collective.
3. Record the fact of the accident in the journal in the form N9.
4. Notify the relatives of the injured worker about the incident.
5. Within 24 hours, submit information about the incident to the municipal branch of the Social Insurance Fund at the place of registration of the employer.
6. Organize a production commission to immediately investigate the incident. The law establishes the period of work of the commission: from three days to two weeks.
7. Interview all witnesses to draw up an accurate picture of what happened, enter information in a special form.
8. Document the results of the interview of witnesses and the conclusions reached by the members of the commission.
9. A special form of inspection of the scene of the incident must be filled out. If possible, photographs and videos should be taken.
10. Obtain the results of a medical examination of the victim, where information should be given on the severity of the injury, the presence / absence of signs of alcohol intoxication or toxic poisoning. The received data should be reflected in a special form.
11. Complete Form H1 in duplicate if the incident is considered a work-related injury.

Worker actions

To ensure that all due payments and compensation, the employee must know the procedure for possible injury.

The first step is to document the injury. This can only be done by a doctor after a visual examination and examination of the nature of the damage. That is why, having been injured, an employee must call a doctor, get the result of an examination at the production site, and then go to a medical facility. Of course, this option is only suitable for minor injuries that do not require immediate hospitalization.

It is necessary to notify the head of the company about the incident. At this stage, the help of witnesses is invaluable, since on the basis of their words a picture of the incident will be drawn up.

In a medical institution, you need to get a detailed report on the injury, its severity, medical appointments. The document must contain the date of the inspection. This will help to argue your position in case of dishonesty of the employer. With a competent medical report, the risk of non-receipt of payments and compensation is reduced to almost zero.

You should be aware that the accrual of compensation begins from the day of the actual incident. Anything else is a direct violation of the law. The basis for payment is a properly executed sick leave. In serious cases, when restoration of health and return to previous duties is not possible, an opinion from the ITU is required.

Competent authorities that will help in case of unwillingness of the employer to pay the due amounts of compensation are the labor inspectorate and the prosecutor's office.

The employee has the right to receive an act drawn up by the commission for the investigation of the incident. This is one of the documents required to receive a lump sum payment. He proves the fact of injury at the time of the performance of official duties. Refusal to issue or draw up such a document is a direct violation of the Labor Code and the rights of the employee.

If the injury resulted in long-term treatment, rehabilitation, which entailed significant costs for transportation, treatment, prosthetics, rehabilitation, care, the relatives of the victim must collect all documents on the costs incurred. This is the basis for compensation of additional expenses by the employer.