The Constitution of the Russian Federation states that an employee has the right to work in conditions that meet safety and hygiene requirements (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). This is echoed by the Labor Code of the Russian Federation (Article 219).

However, judicial practice proves that industrial accidents are a fairly common occurrence. And employers are in no hurry to pay. Moreover, they rush to fire an employee who becomes incapacitated as soon as possible.
We discussed in detail what kind of injury is an industrial injury in the material. Let's look at the procedure to follow if you are injured at work.

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

Many employers are unscrupulous and try in every possible way to delay 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 who will establish a cause-and-effect relationship between the work injury and the harm caused to the body.

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

The employer is obliged to draw up a report within 24 hours after the incident (according to Article 228.1 of the Labor Code of the Russian Federation). Please note that it is compiled in triplicate with mandatory completion of all fields.

IMPORTANT! If an employer refuses to draw up a work injury report, he is violating 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 refused to issue an act, perhaps your other rights have been violated.

If the situation is critical, you can contact the prosecutor’s office and a criminal case may be initiated against those responsible.

Stage 2 Commission and investigation into work injury
The employer's responsibilities include: first aid to an employee injured at work, if necessary, delivery to the emergency department, drawing up a protocol containing the details of the incident.

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

The commission determines the degree of guilt of the victim based on witness testimony, studying the nature of the work injury, the results of examinations and the details of the incident. The size 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 violated safety regulations, the chances of receiving treatment compensation from the employer are sharply reduced.

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

If the injury received is of mild severity, the commission’s conclusion must be ready within three days. In case of serious injury, no more than 15 days should pass from the moment of the incident. If the commission was unable to complete the task within the deadlines that were previously established, the duration of its work may be extended by another 15 days.

Severe cases include: shock, coma, blood loss of more than 20% of the total volume, acute organ failure, penetrating injuries, some fractures (cervical vertebrae, spine, skull, chest), brain contusion, radiation injuries, damage to the main blood vessels, termination of pregnancy. All others are considered mild - concussion, simple fracture, muscle strain, etc.

Step 3 What payments are due for a 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 workers with whom an employment contract or work contract has been concluded (Article 3 of Law No. 125-FZ) have the right to payments for injuries. In the second case, the employer assumed the obligation to pay contributions to the Social Insurance Fund.

If he refuses to do this, the victim can obtain compensation by filing a lawsuit against the culprit company. Moreover, according to Resolution of the Plenum of the RF Armed Forces No. 2, Law No. 125-FZ applies not only to Russians, but also to foreign citizens and even stateless persons. 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! Even a person who has not signed an employment or other contract can receive compensation. The Supreme Court explained that in such a case, arbitrators may take into account the employee's normal remuneration in his profession at the time of applying for insurance benefits.

Payment in connection with an accident occurs from the day the accident occurred. The main document that confirms an accident is a sick leave certificate. If an employee has lost the ability to work for a long time or forever, a medical and social examination is carried out, an accident report in form N-1 and/or an occupational disease report is drawn up, and a medical and social examination conclusion is drawn up.

Currently, the following types of social insurance coverage are provided:
. temporary disability benefits due to an accident at work (100% of average earnings);
. a one-time insurance payment, payment is made only once, immediately upon the fact of illness (injury). If it later turns out that the person suffered more than it seemed at first, this payment cannot be recalculated.;
. monthly insurance payment;
. payment of additional expenses related to the medical, social and professional rehabilitation of the insured (including payment for vacation in addition to the annual basic one 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 other compensation or payments in a larger volume.

If the insured died as a result of an accident at work, then his relatives - children, as well as disabled persons who are 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 Social Insurance Fund budget every 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 Regulations on the payment of additional expenses for medical, social and professional rehabilitation of insured persons who suffered health damage due to industrial accidents and occupational diseases, approved by the Resolution Government of the Russian Federation dated May 15, 2006 No. 286.

In the event of an occupational illness, the average monthly earnings can 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 victim’s salary must be taken into account: bonuses, upward indexation, etc. (clause 10 of Resolution of the Plenum of the RF Armed Forces No. 2).

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

In this article we:

• Let's look at what industrial injuries are, what they are, in what cases injuries on the way to work are considered industrial;
• We will find out what the employer faces in the event of a work-related injury;
• we will determine how much time is given to complete documentation related to work-related injuries;
• Let's figure out why employers and employees are equally interested in timely registration of work-related injuries and investigation of the causes of their occurrence.

What types of injuries exist?

Work-related injuries include bodily injuries that workers may receive while performing work on the instructions of their employers. This can happen directly on the organization's premises or outside of it. In this case, it is important that the victim performs work that is part of his job responsibilities or has been assigned by management. For example, if a courier, after a call from his boss, went into a store to buy paper for an office printer and twisted his ankle, this would be considered a work-related injury. And if this happened when he went to the store to buy sausages for a home-cooked dinner, then the injury will not be considered work-related.

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

VIDEO TEXT:

To properly organize an accident investigation, it is necessary to correctly classify injuries:

1. Fatal accident. This is the most unpleasant 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. There is criminal liability for a fatal accident.

2. An accident classified as severe. A serious accident is a case with 100% disability with a duration of treatment or transfer of the employee to another job. According to the investigation procedure, a serious accident is equivalent to a death. It also provides for criminal liability.

3. Accident classified as mild. These are the accidents that most often occur. When a person damaged something, broke something, he received treatment, and there were no health consequences for him. The worker, as he worked in his profession, will work in it. When a minor accident occurs, we create a commission at our enterprise and do not invite anyone. There is no criminal liability in this case. In practice, an organization may have 10 accidents in a quarter, but there will be no criminal liability.

4. Accidents classified as group accidents. This is when an accident injures 2 or more workers at the same time. The difficulty with the investigation is that some workers will have minor injuries and be classified as Minor Accidents, while others will have more serious injuries. Accordingly, they are equated to heavy.

5. Microtraumas. From the point of view of legal law, the concept of “microtrauma” does not exist. There is a concept called “non-disabling injury”. Microtrauma is when an employee is injured and goes to a medical organization, they bandage him, and 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. The same microtrauma may be significant for one employee, but not so much for another. A teacher cuts his finger - he can continue his activities. But if an electrician cuts his finger, his professional activity remains in question. By the way, the State Duma is discussing a bill that will oblige managers to investigate and take into account all micro-injuries committed at the enterprise.

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

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

Attention, there are cases when an employee injured himself, and doctors said that the injury was classified as minor. He has been treated for a long time, but does not recover. In this case, a minor injury may become severe. And the worst thing is when severe injuries become fatal.

Work injury: employer's liability

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

• identify and eliminate previously unaccounted for dangerous factors that led to injury to the worker. For this purpose, new technical solutions are being applied, measures are being introduced to improve the quality of worker training in occupational safety, and unscheduled inspections of the condition of equipment and working conditions are organized. Properly eliminating existing hazards will help prevent similar accidents.
• determine whether the injury is related to the production process. The Labor Code of the Russian Federation clearly defines situations in which injury is considered work-related. For example, an industrial injury on the way to work will be classified only when it occurred while traveling on an organization-owned vehicle or on a business trip. Some unscrupulous workers try to pass off domestic injuries as work-related injuries, so it is very important for the employer to establish the true circumstances and causes of the incident.
• understand why a work 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 work correctly with employees who have committed violations: organize additional training, impose penalties, and assess compliance with the positions held.
• assign correctly Work-related injury-related benefits and compensation.

Industrial injury at work: what threatens the employer

If a work-related 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 date on which the injury occurred. The main trouble with this process for the employer is material costs and solving a number of organizational issues.

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

The second thing that threatens an employer who has suffered a work-related injury is an unscheduled health and safety inspection related to 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 remains disabled). Specialized supervisory authorities may also come with an inspection. For example, after an accident related to the maintenance of an electrical installation, State Energy Supervision inspectors will also come for inspection.

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

(fines) are provided for:

• concealment of facts of injury to workers;
• violation of legal requirements on occupational safety;
• failure to conduct or poor quality of special assessment of working conditions;
• failure to provide OT training;
• lack of organization of medical examinations;
• failure to provide personal protective equipment and allowing workers to perform work without them;
• repeated violations of any of the above points.

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

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

• during the investigation it will be proven that the injury occurred due to non-compliance with labor safety requirements by the official or the employer personally;
• state labor protection requirements were violated.

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

It is necessary to understand that responsibility for various areas of ensuring the safety of production processes is usually assigned to officials of the organization. Therefore, in the event of injury to workers, it is these individuals, 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 it. As a punishment, the amount of payments for this injury is reduced (in accordance with the percentage of guilt determined by the investigation commission).

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

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

Cases of injury that the employer became aware of at the wrong time are investigated within 1 month from the date of the victim’s complaint. This happens when they try to hide the accident, or the consequences of the injury did not appear immediately (for example, a bone was broken, which initially did not cause pain). It does not matter why the work injury occurred: through the fault of the employee, his manager, or other persons. An investigation is carried out in any case.

Work injury: guarantees for the victim

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

• health status. The faster assistance is provided, the faster and better the recovery of the victim. Therefore, he does not need to agree to offers to take him to the hospital by his own transport, but it is better to immediately call an ambulance (if possible). This is also useful in cases where the work injury occurred on the way to work and seems minor. In this case, it is also recommended to immediately go to the medical center for examination.
• calmness. It happens that pain does not appear immediately, but some time after the injury. If you record the incident in a timely manner (for example, after a fall from the stairs, undergo an examination at the first aid station), then if your health condition worsens, you will not have to worry about proving to the commission that the injury actually occurred. Doing this when everything hurts is quite difficult, and the hassle will only hinder your ability to gain strength and recover.
• payments and compensation. Tax payments are made no earlier than the N-1 act is issued. The investigation period for injury cases reported on time is 3-15 days, untimely - 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 quickly as possible.

A worker who has suffered a work-related injury is entitled to the following payments and compensation:

• full payment of sick leave;
• if he is insured, then one-time 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 have an operation in a specialized clinic out of town);
• compensation for moral damage. This payment is easiest to obtain for workers whose appearance has been severely damaged as a result of injury (burn scars, large scars, body parts have been amputated) or bodily functions have been impaired (for example, excretory, reproductive functions). Achieving compensation for moral damages for injuries without visible consequences (for example, a broken arm) will be much more difficult.

In the event of a fatal work injury, payments and compensation are received by the family members of the deceased. 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 returns from maternity leave or the child reaches 18 years of age (subject to full-time enrollment in college - up to 23 years of age).

First, you need to define the concept of “work injury.” An industrial injury is an accident or other event due to which an employee was injured, mutilated, or harm was caused to his health, and as a result of which the employee became temporarily disabled. Such an incident could lead to the death of the employee.

What is a work injury?

The mandatory conditions for classifying such an event as an injury at work will be the following:

1. The injury was sustained on the employer’s territory or outside the territory if the employee was carrying out the employer’s instructions, or while performing actions that were stipulated by his employment contract or collective agreement;
2. The accident occurred on the road while the employee was traveling to or from work, on the way to the place of business trip. It is important that the transport used by the employee belongs to him personally and is used for business purposes or belongs to the employer.

This list is not closed; other cases can also be classified as injuries at work.

There is also such a thing as an injury that is not related to production.

In order to find out whether the injury received by an employee is related to his professional activity or not, the enterprise creates a special commission that conducts an investigation. This provision is due to the provisions of labor legislation, in particular, Article 228 of the Labor Code of the Russian Federation.

Several circumstances require special attention when investigating industrial accidents:

• the injured employee participates in the employer’s production activities and is insured against industrial accidents;
• The circumstances of the injury correspond to those established in Art. 227 of the Labor Code of the Russian Federation in cases.

The presence of all these signs allows us to classify the incident with the employee as an industrial accident, and the injury as an industrial injury.

The head of the organization needs to remember that in addition to employees who have entered into an employment contract with him, trainees, assigned students under a relevant contract or assigned citizens for medical reasons, convicted citizens who are involved in labor or community service can suffer industrial injuries.

Particular attention during investigations is given to cases of electric shock, insect and animal bites, frostbite, radiation damage, heat and sunstroke, suffocation and other similar cases caused by external factors, which resulted in the employee’s disability.

Failure to follow the rules leads to injury.

Injuries most often occur in people engaged in physical labor at work, but they are also possible in office workers sitting at a computer.

Mostly accidents occur for the following reasons:

1. The employee does not comply with safety regulations;
2. The employee is not responsible for his work;
3. The work is performed by an illiterate and unqualified employee;
4. The company does not provide safety training.

It can be concluded that injuries are often the result of the actions of the workers themselves. Injuries that are caused by an employee may not be recognized as a work-related injury, so in each specific case, a commission is assembled at the enterprise to investigate the causes of the injuries.

What should an injured worker do?

If an employee is injured, he must notify his supervisor.

The law does not contain a specific or strictly regulated form of such notification. Consequently, the employee notifies his superiors in a free manner.

If the enterprise has a local act, in accordance with which the employee is obliged to act in such cases, then he is guided by this act.

Employer's actions

A certain procedure for the employer.

If an employee has an accident at work or is injured, then his manager is obliged to perform certain actions that are provided for by labor legislation. It does not matter whose fault the employee was injured.

Employer's procedure:

• the manager must provide the required medical assistance. Every enterprise should have a first aid station or at least a first aid kit with medications that can help in various situations. If the injuries are very complex and severe and medications from the first aid kit cannot be used, then you need to call a doctor to provide qualified assistance.

The boss can independently transport the victim to the hospital at his own expense. Even if the employee refuses to go to the hospital, the employer must persuade him, since the injury may be hidden and the consequences may appear later.

In addition, the doctor can determine the severity of the injury, based on this the employer decides which authorities to contact next;

• obtain a conclusion from a medical institution on the severity of the employee’s injury. The conclusion can be issued at the request of the head of the enterprise.

Since there is no established template for a medical report, it can be issued in the form of a letter addressed to the employer. It is included in the case during the investigation of the injury and serves as the basis for paperwork;

• recording the circumstances of injury and the environment at the scene of the accident. If the situation allows, then you need to record and fence off the scene of the incident.

Photos and videos of the scene of the incident and witness statements may also be suitable for recording. In the future, they will be added to the investigation materials;

• the employer is obliged to promptly notify the relevant authorities about the incident. If he does not do this, then he can be brought to administrative responsibility.

In general, the list of organizations to which notification is sent depends on the severity of the injury. The Labor Inspectorate (LIT), the Social Insurance Fund of the relevant territory, the Prosecutor's Office and the administration at the place of registration of the employer are notified. The facts of notification to these government bodies must be recorded. In addition to government agencies, the employer notifies the relatives of the injured employee.

The list of measures in the event of an employee injury is quite wide, but this is due to the desire of the legislator to protect the interests of the injured employee.

The employee is entitled to compensation for injuries sustained.

If an employee is injured in the course of work, he can count on some compensation, even if he was injured through his own fault.

• since the injured person is an employee of the enterprise, he is insured by the Social Insurance Fund;
• the employee is paid sick leave at the rate of 100 percent of average earnings, regardless of the employee’s length of service;
• monetary compensation, the amount of which is established as a result of an investigation depending on the severity of the injury and the degree of guilt of the employee. It can be reduced by a quarter if the employee’s guilt is proven. The payment may be one-time, one-time or monthly. The monthly payment amount is usually equal to the average monthly earnings;
• the employee may be compensated for funds spent on medicines, special medications, and medical care;
• in rare cases, the employer may pay for additional vacation or sanatorium treatment;
• in the most exceptional case, the employee is compensated for moral suffering;
• In the event of the death of an employee, payments are made to his relatives.

To receive payments, you must attach documents confirming your work injury.

If the employer refuses to pay the due compensation, the injured employee has the right to go to court to protect his violated rights or to the prosecutor's office. At the same time, the employee and employer need to remember that the amount of compensation begins to be calculated from the date of the accident.

In this video you will learn how to get compensation for an injury at work.

Form for receiving a question, write yours

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

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

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

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

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

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

Industrial injuries sustained during working hours.

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

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

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

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

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

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

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

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

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

Commission of Inquiry into Work Injury.

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

The commission determines the degree of guilt of the victim based on witness testimony, studying the nature of the injury, examination results and details of the incident. The amount of payments to the victim and the possibility of paying for his treatment at the expense of the Social Insurance Fund depend on these circumstances. If, for example, you violated safety regulations, your chances of receiving treatment compensation from your employer are greatly reduced.

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

Payments for work injuries.

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

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

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

The severity of health damage.

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

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

Moral damage and statute of limitations.

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

There is no statute of limitations for investigating an accident involving an employee.
Upon the statement of the victim (his relatives) that the accident was hidden by the employer or was investigated with violations, the state labor inspector, regardless of the statute of limitations, conducts an additional investigation of the accident (clause 25 of the Regulations). In practice, there are many cases when, after several years from the moment of injury, workers (former workers) who were injured at work contact the competent authorities in order to establish the fact of an accident at work.
If the organization where the accident occurred has already ceased to exist by that time, the Rostrudinspektsiya, together with the Social Insurance Fund and the territorial trade union, conducts an investigation on its own. The labor inspector examines the scene of the incident, interviews eyewitnesses and officials, studies internal documents of the employing organization and, based on the collected investigation materials, qualifies the accident as production-related or unrelated.

Record everything.

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

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

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

Current legislation establishes the obligation of employers to transfer insurance contributions to the Federal Social Insurance Fund of the Russian Federation for compulsory social insurance against industrial accidents and occupational diseases. 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.

According to Article 3 of Federal Law No. 125-FZ of July 24, 1998 (hereinafter referred to as Law No. 125-FZ), an industrial accident is an event as a result of which an employee died or suffered health damage while performing work duties or work in the interests of the employer. Moreover, where this event occurred - on the employer’s territory 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 was injured while driving to or from work. In this case, the injury will be recognized as industrial if the employee traveled to (from) work in the employer’s transport or personal vehicle, however, subject to several conditions. First, the employee used a personal car by order of the employer or for official purposes, which is stipulated in the employment contract and the corresponding order. Secondly, the accounting department has a certified copy of the vehicle’s registration certificate. Third, records are kept of the employee's official travel in a personal vehicle. In other cases, including when going to work by public transport, the injury received is considered domestic.

Situation two. An employee was injured during a business trip or official trip. In this case, the injury is considered work-related, regardless of how he moved (by transport or on foot). The main thing is that there are documents available confirming that the employee’s work is of a traveling nature or involves business trips.

Situation three. An employee was injured during his lunch break. In this case, an injury can be recognized as an industrial injury if the following condition is met: the time of the lunch break and its duration are established by the internal labor regulations or by agreement between the employee and the employer. Taking into account this condition, it turns out that if the employee had lunch at an unspecified time, then the injury received during lunch will not be work-related.

Situation four. An employee was injured during a corporate event. In this case, any injury will be considered domestic, since it was received outside of working hours and not while performing 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 employer's procedure 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 specifics of investigating accidents at work in certain industries and organizations, approved by Resolution 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 arrange for his delivery to a medical organization and take immediate measures to prevent the impact of traumatic factors on other people.

Then, before starting an accident investigation, it is necessary to preserve the situation as it was at the time of the accident. And only after this should the necessary authorities and organizations be informed about the accident.

Note.The obligation to create a labor protection service or 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 must 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:

State Labor Inspectorate;

The 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 No. 1 to Order No. 157 of the Federal Social Insurance Fund of the Russian Federation dated August 24, 2000, and the notification in Appendix No. 1 to Resolution No. 73 of the Ministry of Labor of Russia dated October 24, 2002. The investigation period begins to be calculated from the date of issuance of the order on the commission’s awareness.

Take note. When an incident 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 care institution and investigative authorities;

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

An accident that occurred while the victim was committing 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 Resolution of the Ministry of Labor of Russia dated October 24, 2002 N 73.

To investigate an accident at work, the employer must create 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 is allocated from the date of retraining to investigate the causes of the accident that occurred with the employee.

If the accident is recognized by the commission as related to production, then the results of the investigation are documented in an act (three copies) in Form N-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 Social Insurance Fund 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 in the accident register according to 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 while performing his or her job duties.

After recovery (in cases of death - within a month after completion of the investigation), the employer must send a message to social security about the consequences of the industrial accident and the measures taken. The message is submitted in Form 8 (Appendix 1 to Resolution No. 73).

Please note: if an employer tries to hide an accident that occurred with an employee and this is subsequently discovered, he may be subject to administrative liability. The fine for employers-entrepreneurs ranges 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 does an employee have to do if he or she is injured at work?

Current legislation guarantees the following types of payments to an employee in the event of an industrial injury. This is a temporary disability benefit, one-time and monthly payments, reimbursement of additional expenses for medical and social professional rehabilitation (Article 8 of Law No. 125-FZ). And employees working on the basis of civil contracts are guaranteed compensation by the employer for lost earnings.

Note.In addition to mandatory payments, the employer has the right to provide other compensation or payments in a larger volume.

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 No. 125-FZ). The maximum lump sum payment in 2014 is 80,534.8 rubles, and the monthly payment is 61,920 rubles. (Article 6 of Federal Law dated December 2, 2013 N 322-FZ).

Additional expenses associated with the employee’s medical, social and professional rehabilitation are also paid directly by the Federal Social Insurance Fund 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 Federal Social Insurance Fund of the Russian Federation (Article 15 of Law No. 125-FZ)

Temporary disability benefits due to an accident at work must be paid by the employer. Subsequently, the amounts paid are fully offset against the payment of insurance premiums in case of injury.

At its own expense, the employer pays the injured employee only compensation for moral damage caused in connection with an industrial accident (Article 8 of Law No. 125-FZ). The amount of compensation is established by the court (Article 1101 of the Civil Code of the Russian Federation).

We calculate benefits in connection with a work injury

The procedure for calculating sick leave benefits in this case is somewhat different from calculating regular temporary disability benefits.

Note.On a sick leave certificate, an industrial accident or its consequences are indicated by code 04.

Sickness benefits in connection with an industrial accident are paid for the entire period of temporary disability until the employee’s full recovery in the amount of 100% of his average earnings (Article 9 of Law No. 125-FZ). Such average earnings are determined according to the rules established in Article 14 of Federal Law No. 255-FZ of December 29, 2006.

So, in order to calculate the average earnings, it is necessary to take 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) included maternity leave or child care leave.

Next - attention! The employee’s average earnings do not need to be compared with the maximum base for calculating contributions, as should be done in the case of calculating regular sick leave. This means that when calculating benefits in connection with an industrial injury, it is necessary to take all actual payments for two years from which contributions to the Federal Social Insurance Fund of the Russian Federation were paid in case of injury.

If the employee does not have any earnings in the billing period 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 5,554 rubles. (Article 1 of Federal Law dated December 2, 2013 N 336-FZ).

To determine the average daily earnings, you need to divide the amount of average earnings accrued for the billing period by 730.

The amount of daily benefits 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 employee’s insurance period.

Note.In the cases listed in Article 8 of Law No. 255-FZ, benefits in connection with an industrial injury may be reduced to the minimum wage.

Finally, the amount of benefits due to injury is calculated as follows: the amount of daily benefits must be multiplied by the number of paid calendar days of incapacity.

It seems like it's not all that complicated. But, as they say, in any barrel of honey there is always a fly in the ointment. So it is here. According to paragraph 2 of Article 9 of Law N 125-FZ, the maximum amount of temporary disability benefits due to an industrial accident or occupational disease for a full calendar month cannot exceed four times the maximum amount of 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 No. 322-FZ).

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

Employee of Omega LLC P.V. As a result of an accident at work, Semyonov 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. We will 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. (RUB 960,000: 24 months). As you can see, this is much more than the minimum wage. Accordingly, further calculations will be made based on the employee’s actual earnings.

Let's calculate the average daily earnings. It is equal to 1315.07 rubles. (960,000 rubles: 730 days). This means that the daily allowance is also 1315.07 rubles.

Let's calculate the amount of temporary disability benefits for 21 calendar days of illness. It will be 27,616.47 rubles. (RUB 1,315.07 x 21 days).

Now let’s calculate the amount of temporary disability benefits, taking into account the maximum limit.

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

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

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

In conclusion, we note that the amount of temporary disability benefits due to an industrial accident is subject to personal income tax, but is not subject to insurance contributions to extra-budgetary funds (Article 217 of the Tax Code of the Russian Federation and Article 9 of the Federal Law of July 24, 2009 N 212- Federal Law). This is also confirmed by the regulatory authorities (letters from the Ministry of Finance of Russia dated 02/22/2008 N 03-04-05-01/42, dated 11/19/2007 N 03-04-06-01/397, dated 04/05/2007 N 03-04-06- 01/111 and Federal Tax Service of Russia dated March 16, 2007 N 04-1-02/193).