Work injury time. Work injury: what is it and the correct paperwork

In the process labor activity whether it's an office or industrial enterprise, there is a possibility of an accident, and the employee may be injured at work. This fact must be reported to management immediately. However, some people are afraid of problems or bureaucratic delays, so they try to make the incident look like a domestic one. Hiding this fact, the employee in the future, in the event of complications, may be left without the help that is due to him by law.

What is a work injury

The main task of the labor protection service at work is to reduce the facts of occupational diseases and injuries, as well as to minimize their consequences. Accidents that result in injury or injury to a worker are what count as an occupational injury. It should be understood that this concept affects not only the time of direct stay at the workplace, but also the following situations:

• while traveling to the place of work on the transport of the organization or his personal, which is used for production purposes;
• on the way to a business trip and back;
• when performing work as directed by the management, which are not included in the list official duties;
• during the liquidation of the consequences of emergencies and disasters when an employee is involved in the prescribed manner.

Legal regulation

Currently, Russia has developed a system of legal acts that are guided by, investigating and preventing injuries at work. If we take into account the specific features of production with their local provisions, job descriptions, it can be stated that the number of documents related to the investigation of injuries increases significantly.

It is difficult to apply them all at once, for this reason, labor protection services develop special schemes, some formulas that contribute to a more thorough and verified investigation of accidents. In addition, in this way, the awareness of workers about their rights and obligations is increased in order to prevent harm to health and protect against injury.

The main causes of industrial injuries

Clear execution job duties and compliance with safety regulations contributes to the reduction of injuries sustained at work. Conventionally, they can be divided into technical, organizational and personal. The main cause of accidents is negligence in the workplace. In addition, the reasons may be non-compliance with the rules of conduct, violation of the 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 divided. According to the number of victims, injuries received at the workplace are differentiated into single and group (when 2 or more people were injured). Depending on the circumstances that caused the injury, there are injuries that are directly related to the production process and not related to it, but related to work. According to severity, it is customary to allocate:

• light (shots, scratches, abrasions);
• severe (bone fractures, concussion);
• With lethal outcome(the victim dies).

Injury at work

According to statistics over the past decade, the number of injuries associated with professional activities has decreased. This is attributed not to improved working conditions and increased responsibility of management and subordinates, but to a reduction in the number of workers employed in hazardous industries, where the risk of injury is higher than usual. Often, the statistics are related to the concealment of incidents, since this threatens the management with major troubles, so the employee is persuaded to file an injury as non-production, promising him time off and unscheduled payments.

What threatens the organization

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

What should an employee do

The first thing the victim must do if an injury is received 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 qualified as domestic. Next, you need to notify your immediate superiors about what happened on your own or through witnesses and call medical worker who will assess the severity of the injury.

Responsibilities of the manager in the event of an accident at work

The episode that has occurred requires the employer to take urgent measures that will subsequently help to avoid big problems, and in some situations not be responsible if the injury was the fault of the employee. The direct responsibility of the management is to provide first aid to the victim until the causes are clarified, 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 catastrophe, the manager is obliged to urgently take measures to prevent and prevent them.

Creation of the commission

A prerequisite investigation of an industrial accident is the creation of a commission whose duties include finding out all the causes of the incident. According to the legislation, the victim himself may also be included in it in order to exclude the 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 turns out for what reason the work injury was received, both the victim himself and the witnesses of the incident are interrogated. Authorized persons are obliged to find out who is the culprit of what happened with the aim of subsequent punishment in accordance with the law. The severity of the damage must be determined.

How to file a work injury

An injury received for any reason at the workplace must be recorded in a special journal. The very fact of an emergency is reflected by drawing up an act on what happened according to the model 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 transferred to the 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 mother tongue worker. The formal paper must contain the following information:

• information about the accident;
• the circumstances and causes of the event;
• information about the perpetrators;
• the degree of guilt of the victim;
• witness statements, if any.

Where to report an accident

The head 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 fact of 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 self-government bodies, the immediate supervisor of the employee, if he is on a business trip, and the trade union. In the event of acute poisoning, Rospotrebnadzor is also informed about the incident.

What documents are required from the employer

After being rendered health care, all interested services have been notified and an investigation has been carried out, the head of the organization must provide a number of papers to the Social Insurance Fund 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 for calculating insurance payments.

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

Documents from the injured employee

An injured employee also needs to present a certain list of documents. First, it is an application for an injury benefit. Secondly, the conclusion of the medical and social examination, which indicates the degree of disability. You will have to submit an opinion on the types of medical, social and vocational rehabilitation prescribed and the recovery program itself. It will not be superfluous to attach documents that will testify to your own expenses for rehabilitation and treatment.

What are the benefits for a work injury?

If he had 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 the 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 victim works pays monthly contributions to the FSS, then it is only a link, transferring the money coming from the Fund to the injured employee. Check out the online service for reporting to the FSS.

The management of the company can still assign certain additional payments to the subordinate as some kind of compensatory measures, but this rarely happens and is 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 both one-time and regular, until the victim returns to workplace.

How sick leave is paid

To pay for sick leave, you will need to provide a sheet of temporary disability and an act issued by a commission created at the enterprise. Money is transferred to the employee as quickly as possible, as required by law. Since an act drawn up by a commission is required for the issuance of a sick leave certificate, the conclusion is issued within up to 3 days for minor bodily injury and up to 15 for severe case, of death. The calculation of disability payments does not differ from the standard procedure, since sick leave is paid when work injury similar to the rest.

Lump sum insurance payment

There are certain limits that affect the amount of a lump sum payment for an injury at work. They are established on the basis of a special government decree. For 2019, the maximum amount is 80534 rubles. The 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. It must take into account the damage caused to the employee and the degree of disability.

Monthly insurance payment

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

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

Additional payments for the rehabilitation of an employee

An injured employee has the right to demand compensation payments from his superiors that have arisen as a result of additional expenses for treatment and purchase medical preparations and funds for rehabilitation (including the purchase of prostheses). Transportation costs incurred during the delivery of the patient to the place of treatment and rehabilitation and back are subject to reimbursement. If the patient had to retrain due to an 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, therefore, an employee has every right, in accordance with the law, to count on compensation for moral damage caused if the incident occurred through no fault of his. When the manager refuses such payment, the employee may apply to the court for resolution of the dispute. The amount is determined by agreement of the parties, but may be appointed by the courts. Often the employer prefers to compensate moral damage rather than pay compensation in the future.

Death at work - payments

If a work-related injury resulted in the death of an employee, then close relatives of the patient are entitled 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;
• certificate of salary of the deceased;
• certificate of the presence of dependents;
• documentary evidence of funeral expenses.

Responsibility for concealing an accident at work

An occupational injury resulting from an accident at work should be recorded, and all such incidents should be investigated in the prescribed manner. If the employer refuses to issue an act of industrial injury, the employee has every right to seek this through special authorities and the court. To confirm this, photo and video shooting, the testimony of witnesses are used, because it will be difficult to prove an emergency without traces of visibility.

When a leader tries to hide the fact of an accident, he falls under liability, since the insured event is being concealed. These include actions when the employer has not created a commission of inquiry. For all this, administrative responsibility is provided in accordance with the Code on administrative offenses.

Video

In labor activity, industrial injuries are, although unpleasant, but quite common. Due to the fact that the legislation provides for the protection of workers' rights, this event must necessarily be properly investigated. In addition, workers are also entitled to compensation and other preferences and benefits for work-related injuries, however, all parties to an employment contract should know how to properly file the incident in order to effectively protect their rights and avoid possible negative consequences in litigation.

What is an industrial injury - article of the Labor Code of the Russian Federation, legal regulation

Work injury is an extremely unpleasant phenomenon for the employer and the worker. Taking into account that they mean harm to health, the infliction of which was directly related to work duties and would not have happened for other reasons, the current legislation takes measures to ensure the protection of workers' rights and social guarantees in the event of such damage. So, first of all, the concept of an industrial injury as an accident at work is considered by article 227 of the Labor Code of the Russian Federation. At the same time, the legislation establishes strict criteria that are applied in order to qualify an injury as a work injury - for this, all of the following conditions must be met:

• The injury must be received directly during the performance of work duties or following for the purpose of their performance.
• The time of injury must be included in the working time schedule or correspond to it, with the exception of cases of travel to and from the workplace, or when following the employer's order outside of working hours, confirmed by documents. The break is also included in the indicated time period.
• An injury is considered industrial if it is received on the territory of the employer, or outside it when moving outside the designated territory by order of the employer and in order to perform official duties.

These are the main criteria for industrial injuries. However, in particular cases, these include damage to health received outside the above conditions. Thus, the following are considered work-related injuries:

• Received at any time on a business trip, as well as during the direction to it and return.
• Received during the rest when working on a rotational basis.
• When following to the place of work or from it by shifts of drivers, machinists and workers of similar professions.

Injuries received on the way to work are considered industrial only when traveling on the employer's transport, or on any other transport, both public and private, if the use of such is mentioned in the employment contract.

However, the above criteria are not the only ones. In particular, injuries and damage caused to health, which are not only related to the relationship between the employee and the employer under an employment contract, are equated to work-related injuries. In addition, similar consequences and requirements are also imposed on other categories of persons:

• Apprentices, trainees and other persons undergoing internship or training at work.
• Persons with mental disorders undergoing occupational therapy at work.
• Workers sentenced to imprisonment
• Members of cooperatives and farming peasant households.
• Citizens involved in public works.

Accordingly, the application of the concept of industrial injuries, as well as the procedure for calculating and paying compensation for accidents at work, is used not only in labor relations, but also in a number of situations similar to them. Also, the legislative regulation of issues related to industrial injuries is provided by the following regulatory documents:

• Federal Law No. 125 of 07/24/1998. Its norms govern the procedure for the payment and appointment of compensations by the Social Insurance Fund in the event of accidents.
• Decree of the Ministry of Labor of the Russian Federation No. 73 of October 24, 2002. This ordinance regulates by its provisions the general procedure for investigating accidents.
• Federal Law No. 255 of December 29, 2006. This law affects the standards relating to the system of compulsory insurance for periods of temporary disability.
• Order of the Ministry of Health and Social Development No. 160 of February 24, 2005. This order establishes the criteria used to determine the severity of the damage caused to health.

Types of work injuries

Of great importance in determining the course of action for both parties to labor relations in the event of an accident at work is the determination of the nature of industrial injuries. In particular, according to the types of industrial injuries, the division can occur according to their nature:

• Drums.
• Electrical.
• Chemical.
• Sanitary and hygienic.
• Chronic occupational diseases.

In total, the classification of possible work-related injuries by their nature can be much broader.

However, from a legal point of view, in most cases, the division of types of industrial injuries according to their severity, which implies the following options, is of key importance:

• Light harm.
• Serious harm.
• Death.

Certain features of the procedural procedures depend precisely on the types of injuries at work, with regard to both the degree and volume of compensation, and the procedure for employers and employees.

Industrial injury at work: step by step instructions

In general, an industrial injury or an accident, from the point of view of the current legislation, requires mandatory compliance with the established procedure for conducting procedural actions in order to guarantee the protection of the rights of workers and employers. In particular, this procedure is different for both employers and employees. You can read more about what an employer should do in case of a work injury in the corresponding article. The general course of action includes:

The above procedure is general, and almost every step of the action depends on the specific situation and the characteristics of the particular case. Violation of procedural requirements may entail bringing the employer to administrative and even criminal liability in certain situations.

Causes of work injuries and their consequences

Occupational injuries and accidents at work can occur for a variety of reasons. Depending on such circumstances, the amount of compensation and payments to employees in case of industrial injury will be established, as well as bringing the perpetrators to liability of a disciplinary, material, administrative, civil or criminal nature. In addition, the definition possible causes industrial injuries and accidents will prevent the occurrence of such events in advance or eliminate their possibility in the future after the accident. The most common causes of work injuries are:

• Technical. These include errors in process automation, equipment breakdowns and other factors that depend solely on the technical component of labor and its condition.
• Sanitary and hygienic. A number of occupational injuries and accidents at work occur due to violation or non-compliance with sanitary and hygienic standards.
• Organizational. These reasons include non-conduct or insufficient quality and full implementation of labor protection measures and other possible mistakes associated with the human factor in production.
• Psychophysiological. These reasons, in contrast to organizational ones, although they are related to the organization of the work process, have at their root violations associated with individuals, and not with the organization of labor in general. These include the appearance of workers at the workplace in a state of intoxication, neglect of safety precautions and other factors.

The consequences of work injuries can also be extremely diverse. So, they include:

• Damage to health. It can be expressed in the permanent or temporary disability of the injured employee or third parties, or even in the death of the employee.
• Taking responsibility. The perpetrators of the accident, established by the commission, the investigating authorities or the court, can be brought to various degrees of responsibility.
• organizational implications. These include the obligation to conduct unscheduled and targeted briefings after each accident, as well as the need to ensure the activities of the commission and other procedural actions.
• material costs. The need to pay compensation and sick leave is primarily assigned to the FSS, however, in some cases, for certain types of responsibility, it may be borne by both the employer and the guilty employees. In addition, often accidents can be associated with damage to the property of the employer, employees or third parties.
• reputational costs. They can affect both employees and employers. In particular, an employee who caused an accident may be fired for a disciplinary violation, which in the future may affect his career. An employer that fails to ensure the safety of the work process can also suffer serious losses associated with the loss of reputation.

Payments and compensation for work-related injuries in 2018

First of all, the main responsibility for providing compensation for work-related injuries rests with the employer. However, since contributions to the Social Insurance Fund are paid for each employee, which, among other things, include insurance against accidents at work, these costs are compensated from the FSS.

In particular, the following mandatory payments that employees can count on can be attributed to the insurance payments provided for by law:

• Lump sum in the event of an accident. This payment is provided to the employee directly to the FSS by his personal appeal or through the employer. The maximum amount of lump-sum compensation and payments for an industrial injury in 2018 from the FSS is 97,778 rubles. Such a payment is provided only in cases of permanent disability without the possibility of its restoration within a 4-month period.
• Monthly allowance for temporary disability. This grant is issued the same way, like the usual one, however, it has a number of small differences that both the employee and the employer should be aware of. In particular, if the reason for paying the benefit was an industrial injury, then the employee on sick leave, up to 4 months, is paid 100% of the average earnings, and not smaller amounts. In this case, the duration of the sick leave is established by the medical institution. However, these payments also have certain limits on the maximum amount. They amount to 300,728 rubles for four months - this is the maximum possible period of being on sick leave.

These payments are due to the employee, regardless of who was responsible for the accident at work. That is, if an industrial injury occurred both through the fault of the employee and the fault of the employer, third parties, or even force majeure circumstances, the employee has the right to receive the said compensation without any restrictions provided for by law.

The above benefits are paid directly by the employer at the time of payment of the next salary to the employee upon his application. After that, the employer sends a notification to the FSS along with the act of investigating the accident and the conclusions of the investigation commission, and the decision to provide compensation to the FSS is made within ten days. The employee himself can also apply to the FSS - for example, in the case when the enterprise was liquidated or if additional expenses arise that need compensation.

In addition to the aforementioned payments, employees who have received an industrial injury are also entitled to claim a number of other payments in certain cases. However, subsequent payments may not always be mandatory. Such compensations for an accident at work include:

• Compensation material damage. An employee has the right to receive compensation for direct material damage caused to his property in the course of an accident or as a result of it. However, the employee can recover these funds from the employer only in a situation where the latter’s guilt is proven. If third parties are to blame for the accident, the penalty should also be directed to them, and not to the employer.
• Compensation for moral damage. In the event of an industrial injury, the employee also has the right to recover compensation not only for material, but also for moral damage for the suffering caused to him during the accident. In most situations, this damage can also be recovered exclusively from the guilty person, however, the final decision on holding liable and paying appropriate compensation for non-pecuniary damage is made by the court. Thus, in judicial practice, there are decisions on bringing the employer to pay moral damages even in the case when third parties were guilty in the accident, since the employee was not warned about certain aspects of the activity or potential dangers.
• Compensation for lost earnings. Often, when calculating sick leave payments, a situation may arise when the monthly payment is lower than the average monthly earnings or the salary set for the employee. In this situation, if there is at least partial fault of the employer in causing the accident, the amount of the difference between sick leave payments for injury and actual average monthly earnings can be recovered from the latter in pre-trial or judicial proceedings. In addition, such a difference can be recovered from the employer directly and in situations where sick leave compensation is lower than average earnings due to reaching the limit values.
• Compensation for the costs of drug treatment, rehabilitation in sanatoriums and medical procedures. This compensation is received either from the employer or directly through the territorial branch of the FSS, and only if the indicated costs and the need to purchase medicines, sanatorium treatment or undergo certain procedures have been confirmed by a medical and sanitary examination in the manner prescribed by law.
• Financial assistance. There are no regulations and documents that would oblige the employer to pay material assistance to employees in the event of an accident at work. However, the possibility of providing such assistance is the right of the employer. In particular, it may also be assumed by the internal regulations in force at the enterprise, the collective agreement or employment contracts with individual employees. If it is provided as mandatory by the aforementioned documents, then the employer does not have the right to refuse to pay it. However, in most cases, this payment is purely voluntary for the employer. In doing so, the employer should take into account that material aid in case of an industrial injury, it is not subject to compensation at the expense of insurance funds, however, it is not taxed, provided that its amount does not exceed 4 thousand rubles.

Compensation is also paid to the relatives of a person who died from an industrial injury or as a result of an accident at work. This payment is fixed and amounts to 1 million rubles. At the same time, his children, parents, spouses and dependents, as well as persons who lived with the deceased and lost their ability to work within five years after his death, have the right to receive the said payment. These payments do not apply to other relatives or third parties - a different procedure for granting them is applied to them than to the inheritance procedure. In particular, benefits are paid upon the death of a relative at work within a maximum of two months.

Injury at work - what to do for an employee

The answer to the question of what should be the actions of an employee in case of an industrial injury is also complex. Protection of one's own rights can be carried out both in court and out of court, so you should prepare for any outcome of the process. First of all, it should be noted that no compensation will be accrued to the employee if the work injury is not properly recorded by the employer.

That is, to receive compensation, it is not enough just a sick leave. It is necessary that a full-fledged accident investigation commission be formed in the organization, the accident itself should be registered at the enterprise in the appropriate registration log. The victim has the full right to take part in the work of the investigation commission - the employer or the labor inspectorate do not have the right to refuse to include him in this commission. If the employer refuses to properly file the accident, the employee has the right to apply to labor inspection or the prosecutor's office and independently record all the circumstances of the event.

In the event that the injury was properly recorded, the only thing the employee needs to do is to receive a sick leave from a medical institution, in which the “04” mark will be affixed as the basis for temporary disability. After that, it is necessary to present this sick leave to the employer or to the territorial branch of the FSS at the place of residence or employment. To sick leave an application for issuing compensation for a period of temporary incapacity for work due to an accident at work or occupational disease is attached.

You can contact the FSS directly, bypassing the employer, only if the employee does not have the physical ability to demand compensation from him. For example, if the organization has been liquidated or is in the process of being declared bankrupt.

It should be noted that the employee is obliged to undergo a medical examination in the event of an industrial injury, if there is a permanent disability or the need for additional purchase of medicines or resort and sanatorium treatment. Costs for medicines and other rehabilitation procedures are also subject to reimbursement from the FSS, but only if the employee has previously received an appropriate referral from the medical and sanitary examination, and also provided documents to the FSS that unambiguously confirm the expenditure of personal funds for the purchase of these goods or services.

In order to recover material or moral damage from the employer, the employee must first of all send a claim to the employer himself, indicating his requirements for the payment of the said compensation. If the employer refuses, the employee has the right to file a lawsuit in court - in this case the degree of damage and the amount of payments will be determined both on the basis of the actual situation and on the basis of the direct actions of the employee and employer. Arbitrage practice has many examples various solutions in almost identical cases related to the payment of compensation to an employee for an industrial injury, so there is no single and 100% working algorithm of actions in this case.

In this article we:

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

What types of injuries exist

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

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

VIDEO TEXT:

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

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

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

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

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

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

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

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

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

Occupational Injury: Employer's Responsibility

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

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

Industrial injury at work: what threatens the employer

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

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

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

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

(penalties) are provided for:

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

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

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

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

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

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

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

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

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

Industrial injury: guarantees to the injured

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

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

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

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

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

The term “occupational injury” means an injury (damage) at work by an employee due to an accident with such consequences as loss of working 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 recognizing an injury 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. Required - 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.

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 to work, temporarily or permanently, or the event led to a fatal outcome.

What is a work injury?

The main condition for the injury to be recognized as a work-related injury and documented, insurance indemnities paid - the injured person must be with the employer, insured in the manner prescribed by law.

Another condition is that the accident must occur during the performance of labor duties by the employee.

Absence from the workplace is equated to the performance of official duties due to business trip, movement from and to work, if transport is provided by the enterprise, as well as movement by private car to perform their duties, which should be stipulated in the employment contract.

An occupational injury may be recognized as an injury that a student received during the passage industrial practice 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 accident at work.

It is very unpleasant when an employee returns from sick leave and provides a sick leave with the code "04". This code is affixed in the hospital if the patient was injured at work.

In order to avoid the imposition of penalties on the employer, which are provided for by the Code of Administrative Offenses, you should immediately file an injury in full accordance with the requirements of current legislation.

Establishing the fact of a work 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 dislocated a leg at home, they go to the hospital and say that everything happened at work.

By the way, a person who works on the terms of the enterprise can receive insurance compensation, of course, if the insurance premiums are stipulated in the contract.

It is very important at what time the accident occurred:

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

The main thing is that work outside of school hours should be coordinated with the administration of the enterprise.

Documentation of work injury

A certain list of documents for registration.

First of all, a written explanation of the incident should be requested from the employee.

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

Now it is possible to send a request for an opinion to the hospital institution in the form No. 315 / y. This certificate confirms the severity.

If the injury is really severe, then the administration of the enterprise is obliged to draw up an appropriate act in the form 315 / y. The victim must be familiarized with the act, under the 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 the Decree of the Ministry of Labor No. 73) and is sent to the following authorities:

1. Regional branch of the FSS;
2. Labor Inspectorate;
3. Prosecutor's Office;
4. to local governments;
5. To a higher regulatory body, for example, in pharmacies, this is Roszdravtekhnadzor;
6. Trade union.

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

Investigation

A commission is convened to investigate.

Conducting an investigation of an industrial injury is a mandatory stage in the preparation of documents on injuries.

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

If the medical report confirmed a serious injury, then representatives of the FSS, the labor inspectorate and employees of local governments will have to be included in the commission. In this case, only a representative of Rostrud can be the head of the commission.

The commission has the right to interrogate the victim, witnesses.

If an injury occurs in as a result of an accident, then the information is requested from the traffic police, the scene of the incident can be inspected and a protocol is requested.

Upon completion of the investigation, the commission draws up an act in the form of H-1 (the form is approved by the Decree of the Ministry of Labor No. 73). The act is drawn up in 3 copies, for:

1. the victim;
2. employer;
3. FSS bodies.

sick leave payment

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

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

Consequences of not investigating a work injury

If suddenly, the management of the enterprise refuses to investigate the accident, draw up all relevant documents, notify regulatory authorities and pay insurance benefits, then the victim himself or his relatives can apply to the labor inspectorate. It should be remembered that accidents do not have a 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 top management, for concealing the fact of a work 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 legislation 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 intoxicated with alcohol or drugs;
• the worker died as a result of suicide or from a general illness;
• at the time of the incident, the employee was committing a crime.

In any case, the decision must be made by the commission, so even if there is clear evidence of one of the envisaged "aggravating" circumstances, the commission must be created and investigated. Therefore, you should never feel sorry for drunk employees, but immediately remove them from work as soon as it became clear that there is alcohol in their blood.

The employer must remember that it is his responsibility to prevent situations in which employees can get injured at work, never to allow difficult and hazardous work persons who, for health reasons, cannot perform them.

If, nevertheless, an accident occurred at work, then do not try to hide it, but following the entire procedure, investigate and file the accident so that the victim does not have the opportunity to go to court and challenge the decision of the employer.

In this video, you will learn how to fix work injuries correctly.

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