Is the husband a witness in case of a work injury. Work injury: investigation, registration and payments
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 injuries that workers can 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 perform the work that is included in his official duties or was assigned 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. An exception is if the worker was traveling in a vehicle belonging to the enterprise, went on a business trip or a business trip, was heading to the place where the work will be performed, or back. Also not associated with the production of self-harm and injury that occurred solely due to alcohol intoxication or toxicological poisoning of the victim (if this is not associated with a violation of technological processes at the enterprise).
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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 must be a representative federal inspection labor. 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 it happens easy miserable case, 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 point of view 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 a medical organization, they bandage him, 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 bill 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. For hidden accident provided administrative responsibility.
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 for a long time treated but not cured. In that case light the injury may become 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. To this end, new technical solutions are applied, measures are introduced to improve the quality of labor protection training for workers, and unscheduled inspections of the condition of equipment and working conditions are organized. Qualitative Elimination existing dangers 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 the action force majeure(e.g. 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 disadvantage of this process for the employer is material costs and the solution of the series 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, in whose workplace an industrial injury was admitted, is the associated unscheduled inspection GIT. 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. 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 or poor performance special assessments 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.
When 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. Maximum term- 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;
- violated government requirements on labor protection.
It can be large fine, corrective, forced labor or imprisonment.
It must be understood that the responsibility for various areas of security production processes usually assigned to the officials of the organization. Therefore, in case of injury to workers, administrative and criminal liability It is these individuals who bear the responsibility, not the employer. 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
In timely detection and correct design injury is most interested, of course, the victim. 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 expensive treatment(e.g. a stay in intensive care), so it's best to enlist as soon as possible financial support employer and fund.
A worker who has received an industrial injury is entitled to the following payments and compensations:
- full sick pay;
- if he is insured, then a one-time and monthly insurance payments;
- payment for treatment, rehabilitation, prosthetics, additional care(if needed);
- 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 moral damage. This payment is easiest to receive for workers whose appearance has been severely damaged as a result of an injury (burn scars, large scars, body parts have been amputated) or body functions have been impaired (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 leaves maternity leave or the child reaches the age of 18 (subject to admission to the institute for day department- up to 23 years).
31.07.17 22 193 0
What to do if you are injured at work
How to compensate for expenses and not go crazy
Two years ago, my husband and I got into an accident at work, were seriously injured and did not work for six months.
Xenia Ivanova
was injured at work and compensated for it
We work in a large public hospital. I am a resuscitator, and my husband is a paramedic. That day we were taking the patient from Tula to Kazan. The road was empty and dry, it was light, and the flashers worked on our car. The driver of the oncoming car lost control and drove right into us. Our patient died, and we suffered greatly.
We are officially employed, we get white salary and our employer pays everything insurance premiums. Therefore, due to the accident, our financial position not only did not suffer, but also improved. In the article I will tell you how to get compensation and payments that are required by law for an injury received at work.
What is considered a work injury
work injury- this is the harm to health that a person received in the performance of his work duties. Injuries received during lunch break, when performing overtime work, on a business trip, on the way to or from work on the employer's transport.
Accidents can occur at work, in the office, on the street or in transport:
- the manager slipped on the freshly washed stairs and sprained his ankle;
- the accountant took the documents to the tax office and got hit by a car;
- the security guard was painting the fence at the request of the director, and he was bitten by a street dog.
What to do first
- To begin with, eliminate the traumatic factor, if possible: drive the dog away, crawl off the roadway. If the injury is severe, call an ambulance; if it is mild, you need to consult a doctor on your own on the same day.
- Report the accident to your immediate supervisor or responsible person.
- Write down contact details of witnesses. In my case, the documents from the scene were drawn up by the traffic police. Then I just got an official certificate from them.
In case of an industrial injury, the employee is entitled to payments from the employer and the Social Insurance Fund: a one-time and monthly insurance payment, payment of additional costs for treatment and rehabilitation. If the injury was not the fault of the victim, you can sue and get more compensation for non-pecuniary damage. But to get the money, you have to go through a lot of bureaucratic procedures.
How to get compensation
To get the right compensation for an industrial injury, you will need to draw up a lot of documents. It is important to do it right, otherwise compensation will not be given.
If the casualty is unable to move independently, choose a trusted person from inner circle to take care of the paperwork. This person should have a lot of free time and a stable psyche.
A power of attorney for a person is issued by a notary, he can be called home for additional fee. You can also call a doctor home, for example, when you need to extend sick leave.
For the first few months, my husband, who was also a victim, processed my documents. When the time came to draw up his documents, he refused: he said that he would not have enough strength to go through all the instances again.
Here are the documents you need to collect in order to receive compensation.
Documentation
Certificate of incapacity for work
The first thing that is received in case of an industrial injury is a certificate of incapacity for work. He confirms that you are injured and temporarily unable to work.
In the hospital to which the victim will apply, it must be said that the injury was received at work. Then the doctors will take blood for alcohol, and the doctor will determine the severity of the injury: mild or severe.
The sheet (aka sick leave) must be renewed on time with a doctor at the place of residence. Retroactively, sick leave is not extended - this is a violation of the regime. good reason there is no such violation. Visiting a doctor and treatment is the main responsibility of the patient.
04 in the column "Cause of disability" is the code of work injury
Documentation
The act of an accident at work in the form of H-1
The employer is obliged to create a commission and conduct an investigation into the accident at work. The commission must find out who is to blame for the injury and how to prevent similar injuries in the future.
If minor injury, 3 days are given for investigation, if severe - 15 days. The victim or his legal representative have the right to participate in the investigation, get acquainted with documents, evidence, testimonies.
The commission will determine the guilt of the victim as a percentage. These percentages can be deducted from sick pay.
Both the victim himself, and the employer, and an external factor can be to blame.
- During the movement of the car, I did not violate safety regulations and was wearing a seat belt. I was injured in a car collision. Blame the driver of the car that flew into oncoming lane. This is an external factor.
- Vasily and his colleagues were celebrating the end of a big project. Someone brought alcohol. As a result, the drunk Vasily tried to slide down the railing of the office stairs, fell and was injured. Blame Vasily.
- And Nikolai drank alcohol at home with friends, and then went to the factory on the evening shift. He did not fasten his overalls correctly, caught on a part on the machine and dropped it on his leg. Both the victim and the employer in the person of the senior foreman are to blame, who allowed the employee to work in a state of intoxication.
The commission will draw up an act in the form H-1. The employer is obliged to give one copy of this act to the victim against signature. Act N-1 - main document when receiving compensation. Make 10 copies and carry with you to all authorities.
How to negotiate with an employer
Industrial injury - major headache for the employer. Sometimes the victim is offered not to document the fact of an industrial injury and receive voluntary compensation from the employer. Or even not receive anything, but simply to please the authorities.
To agree or not, everyone decides for himself. It is important to know that sick leave with code 04 will be paid only if there is an H-1 act.
If you have agreed with the employer and there will be no act, then you do not need to talk about an industrial injury in the hospital. Then you will be given a regular sick leave with the code 02 "injury".
Documentation
Work Accident Rehabilitation Program (PRP)
The rehabilitation program is drawn up at the Bureau of Medical and Social Expertise (ITU) at the place of residence. It can only be obtained while the victim is on sick leave. The program indicates everything that the victim needs for proper treatment and rehabilitation: medicines, Spa treatment, technical means of rehabilitation, physiotherapy. The sooner the victim receives PDP, the more costs he is compensated by the state.
Getting a PDP is a level 80 quest for those who have suffered a severe work injury. In 2015, in Kazan, a city with a population of over a million, only two, including me, completed it.
To get PRP, we take a passport and SNILS and go to the clinic at the place of residence. You need a deputy chief physician for clinical and expert work. We say that we need a referral for a medical and social examination to receive a PRP. You will be registered on the website of your division of the ITU Bureau with a special password and SNILS number. An employee of the clinic will give you a ticket, which will indicate the date, time and Required documents, with which you need to come to the ITU.
To collect all the documents for the medical and social examination, in my experience, it will take 7-10 days. If your clinic has problems with narrow specialists, then there may be more.
Here's what to prepare for the ITU.
Passport. We take with us the original passport, a copy of the spreads with a photo and a residence permit.
The ITU Bureau will only accept your documents at the place of residence. If you do not apply by registration, temporary registration is required
work book- original and copy. Order a copy from the personnel department 3-7 days before the visit to the ITU Bureau. Pick up a copy the day before your visit work book under the signature. The original will be issued only for three days.
Documents from medical institution. These may be extracts from outpatient card or the history of an inpatient, the results of examinations and studies. Everything that confirms and describes the diagnosis, the condition of the victim, the treatment and its results. Take both originals and copies of documents with you.
production specification. This is a document that describes the working conditions at your workplace. It is filled out by a labor protection specialist.
Referral for medical and social examination according to the form No. 088 / y-06. According to the rules, the referral should be filled in by the attending physician, but the doctor has many patients and documents, and I am alone. To speed up the process, I agreed with the doctor that I would fill out the passport part myself, and he would check and fill in the specific items - diagnosis and recommendations - and sign. It's faster and more reliable.
Regardless of the diagnosis, it will be necessary to undergo an examination by an ophthalmologist, neurologist, surgeon and therapist. Their conclusions can be entered in the referral, or they can be issued on separate forms with the seal of a doctor and a clinic.
Here is an example of a completed direction:
At the end of the referral must be signed by the medical commission. Usually this is the attending physician, the deputy chief physician for CEP and the chief physician.
In the upper left corner there should be a stamp of a medical institution that directs to ITU.
Items 15-17 are intended for students and schoolchildren. Paragraphs 22-24, 29-32, 34 are best filled out by a doctor or together with a doctor. In paragraph 23, you need to enter the conclusion of the attending physician.
There is no need to fill out a return ticket.
The decision of the medical commission. It should be issued by the medical institution that sends to the ITU. I advise again to prepare it at home yourself. In this case, you need to get a number and certify the decision with the deputy chief physician for CEP. It is better to sign the decision in at least three copies and make three more copies.
It is necessary to register the document with the Deputy Chief Physician for the Clinical Expert Commission and obtain a number
Fundamental formulation
Primary diagnosis - what was immediately after the injury
Diagnosis at the time of filing
We write out technical means of rehabilitation from the conclusion of the medical and technical examination
The rest is prescribed by the attending physician, it is important to observe the wording
The conclusion of the medical technical committee, if the victim needs to use technical means of rehabilitation - prostheses, orthoses, crutches, canes, special footwear or insoles and so on. The conclusion is issued by the prosthetic and orthopedic enterprise of the city or district. I came without an appointment and after 20 minutes I received a detailed recommendation, so everything is simple here. I recommend making three copies of the conclusion.
The act of an accident at work in the form of H-1, original and copy. It was discussed in detail above.
Any other documents related to occupational injury and treatment. They need to be photocopied and taken with you just in case.
If there is no direction to ITU
If the polyclinic refused to refer the victim to the ITU, you need to take a certificate of refusal to refer, collect all the documents, except for form No. 088 / y-06 and the decision of the medical commission, and go to the ITU Bureau without a coupon and record or make an appointment by phone.
Documentation
Certificate of the degree of loss of professional ability to work
This is a separate document, for which it is necessary to collect the same documents as for the PDP, and once again go for examination to the ITU Bureau. Based on the results of the examination, you should be issued a certificate on the results of establishing the degree of loss of professional ability to work in percent.
It's the same quest. You need to go through it when the sick leave is closed or if more than 10 months have passed since the work injury, but the victim’s working capacity has not been restored.
Temporary Disability Benefit
A temporary disability benefit is paid to anyone who has been injured at work and is temporarily unable to work. The basis for the payment is a certificate of incapacity for work. The allowance is paid all the time while the sheet is valid, or until the disability is established.
Benefit amount - 100% of the average wages regardless of experience. If the victim himself is to blame for the work injury, then the benefit may be paid partially or not paid at all.
What documents are needed. You will need a certificate of incapacity for work with a disability code 04. Do not forget that an act H-1 must be issued.
The sick leave must be handed over to the accounting department.
If the region participates in the Direct Payments project, the accounting department will form an application to the FSS for sick pay. The application may indicate which bank card you want to receive money - by default it is indicated there salary card. This application must be signed and the money must be expected within two weeks.
In other regions, sick leave will be paid by the employer. The money will arrive on the next day set in the company for the payment of salaries.
The average wage is usually more than what is received every month, because it includes annual and quarterly bonuses, travel and other payments. In Tatarstan, for example, pilot project payment is made directly by the FSS. Therefore, the money will come on time, even if the employer has problems with payments to employees.
Lump sum insurance payment
The insurance payment is due to everyone who has received a severe work injury. The amount is determined as a percentage in accordance with the degree of loss of professional ability to work. Maximum amount in 2016 - 90,401.9 rubles. The amount is indexed annually. If the victim died as a result of an industrial injury, his relatives will be paid 1 million rubles.
The percentage of incapacity for work is determined either upon recovery or at the establishment of disability.
What documents are needed. Certificate of the results of establishing the degree of loss of professional ability to work in percent, act H-1.
A year after the accident, the bones of my leg still did not heal. I could not go to work, I was diagnosed with a disability of the second group and 80% of the loss of professional ability to work. I took the certificate to the FSS. The Fund paid me 80% of the amount of 90,401.9 rubles at a time - 72,231.52 rubles. This was in 2016. Now the amount will be slightly different.
Monthly insurance payment
Same as a one-time insurance payment, but happens monthly while you are in treatment. This payment is to compensate the worker possible translation to a job or position where the salary is lower than before the injury.
The amount is determined as a percentage of the average wage in accordance with the degree of loss of professional ability to work. The maximum amount in 2016 is 69,510 rubles per month. This amount is also indexed annually. In 2017, 72,290.4 rubles will be paid. The percentage of disability is determined either upon recovery or at the establishment of disability.
What documents are needed. Certificate of the results of establishing the degree of loss of professional ability to work in percent, act H-1. Other documents may vary, they will be prompted by the fund staff.
The FSS paid me 80% of my average salary every month for a year while the certificate was valid.
You don't have to be disabled to receive this benefit. Even if the victim has fully recovered, but, for example, the arm has become weaker, you can still get a percentage of the loss. Only not 80%, like mine, but from 10 to 30%.
Payment of additional expenses for medical, social and vocational rehabilitation
Some injuries will require additional costs: for example, outside care or rehabilitation in a sanatorium may be necessary.
The amount of payments depends on the type of expenses. It is paid from the moment of registration of the rehabilitation program until the end of its validity period or until disability is established.
What documents are needed. Rehabilitation program for the victim, prescriptions, cash and sales receipt, the conclusion of the medical and technical commission.
What will they pay. Any expenses are paid only if they are prescribed by a doctor, confirmed by a medical commission and included in the rehabilitation program of the victim through the ITU Bureau. Expenses are paid only in the amount specified in PDP, and during the duration of the PDP.
I learned about this system only three months after the injury. The medicines that I bought in the first months did not compensate.
In order for the expenses to be compensated, the name of the medicine or technical means of rehabilitation must match verbatim in the PRP, checks and a doctor's prescription or the conclusion of a medical and technical examination.
Medicines are paid in full. The action plan is as follows: the victim receives PDP, receives a prescription from a doctor, buys medicine, and takes cash and sales receipts at the pharmacy. After that, he goes to the FSS, takes a form for compensation from employees, writes an application and attaches act H-1, PRP, a prescription or a copy of it and checks to it. You will also need to specify the details of the account where the money will be transferred.
Technical means of rehabilitation are paid in the amount determined by tenders. You will need PRP, the conclusion of the technical commission, checks.
Spa treatment is paid in full together with travel there and back. The FSS issues a ticket to one of those sanatoriums that have won the competition and correspond to the profile of the disease. You can choose a sanatorium only within these options.
If outside care is assigned to the victim's rehabilitation program, it will also be paid. Outside medical care will be paid 900 rubles a month, and household care - 225 rubles a month. Outside care can be provided by anyone, such as relatives. Outside care will not be paid for the days when the victim is in the hospital or in a sanatorium.
It is also theoretically possible to receive payment for the costs of special car, its repair and fuel, professional retraining. But practically it is very difficult.
Compensation for moral damage
The amount of compensation is determined by the court. You can file a lawsuit at any time after the execution of the H-1 act. If the court decides the case in favor of the victim, the perpetrator of the accident will pay compensation.
I filed a claim against the driver - to the culprit of the accident on compensation for non-pecuniary damage in a criminal case. Since my health has been inflicted grievous harm, the court by default considers that I also suffered moral injury.
If Forensic-medical examination determined the average or slight harm health, the court may require evidence moral suffering, for example, checks confirming payment for visits to a psychologist after an injury.
Is it worth the effort
In Russia, people are not accustomed to "lay straws", to insure life, health and property. Fortunately, if we work honestly and pay taxes, the state is ready to help in difficult times. Everything I was legally entitled to was paid.
This took a lot of time and effort. Only from the third month I began to receive due payments. But all employees public institutions The people I met were friendly and helpful.
As a result, the first year after the injury, I received monthly average salary. I was compensated for expensive medicines, crutches, a cane and rehabilitated for free in a special clinic. Considering that we were on sick leave with my husband, these payments gave us the opportunity to live a normal life, calmly pay all loans and other obligations.
The first year after the injury, I did not work, but every month I received an average salary
In the second year after the injury, I already received twice my usual salary, taking into account monthly payments, disability pension, compensation for additional expenses. All this allowed me not to save on health and calmly recover from a serious injury.
Remember
- An occupational injury is a harm to health that a person received in the performance of his work duties.
- It is necessary to record the fact of the injury in a medical institution and report it to the management.
- To receive all insurance payments for a work injury, you need to work for employment contract and receive a white salary.
- If the victim cannot move independently, you need to make a power of attorney to the legal representative at the notary to draw up documents.
- Act N-1 - binding document, without it, other documents cannot be obtained.
- Make sick leave correctly and renew on time.
- Only those expenses that are specified in the PRP are compensated. It must be received as soon as possible.
- If the injury is severe, it is possible to receive a lump sum and monthly payments. To do this, you need to get a certificate of loss of professional ability to work in percent.
Injury according to part 1 of the Labor Code of the Russian Federation at work can occur with an employee (another person) participating in production activities employer, when:
- performance job duties;
- performance of any work on behalf of the employer (his representative);
- implementation of other lawful action conditioned labor relations with the employer or committed in his interests.
Persons participating in the production activities of the organization, in addition to employees working under an employment contract, in particular include:
- citizens undergoing training in accordance with the student agreement;
- students doing work experience.
What is considered an accident, injury at work
Accidents are events as a result of which the employee received:
- bodily injury (injury), including inflicted by another person;
- heatstroke;
- burn;
- frostbite;
- drowning;
- defeat electric shock, lightning or radiation;
- bites and other bodily injuries caused by animals and insects;
- damage due to explosions, accidents, destruction of buildings, structures and structures, natural Disasters and other extraordinary circumstances;
- other health damage caused by external factors.
At the same time, in order to for these events to be considered traumatic, two more conditions must be met simultaneously:
- the injury must have occurred on or near work work time;
- an accident must entail certain consequences.
The event can be considered an accident
if it happened:
- during business hours;
- during lunch break;
- before and after work;
- during overtime work or work on weekends and holidays.
When resolving a dispute over payments in case of accidents at work, judges will be guided by the clarifications of the Supreme Court of the Russian Federation.
Plenum Supreme Court gave detailed recommendations to judges on how to resolve disputes caused by accidents at work or occupational diseases. Recall that the employer under such circumstances has to pay the victim not only sick leave, but also compensation for the moral damage caused (and paragraph 3 of article 8 federal law dated July 24, 1998 No. 125-FZ).
The judges in the Decree of the Plenum of the Supreme Court of the Russian Federation dated March 10, 2011 No. 2 recalled: under the concept of an accident at work falls, among other things, the event, as a result of which the insured injured while on a business trip or for execution of an official assignment and back. And it doesn't matter if he was riding public or official transport or walking. At the same time, the judges emphasized that a person will lose the ability to professional activity if he can no longer perform the same labor duties as before. And now he has to do other work.
Happy offensive insured event in case of health damage due to an accident at work or occupational disease (chronic or acute) is the day from which the fact of temporary or permanent loss of professional capacity for work by the insured is established.
The main document confirming the fact of damage to health and temporary loss of professional ability to work, is issued medical organization in the form and in the manner prescribed by the Ministry of Health and social development RF.
The onset of a permanent loss of professional ability to work is established by the institutions of medical and social expertise when submitting an act on an accident at work in the form of H-1 or an act on an occupational disease and is drawn up in the form of a conclusion.
Is it necessary to have a specialist in the staff who will monitor labor protection?
Yes, if the company employs more than 50 people. This is spelled out in the Labor Code. If the company does not have a full-time labor protection specialist, then its functions are performed by the general director.
Formation of commissions for the investigation of accidents at work
In accordance with, the employer is obliged to provide investigation and accounting of injuries at work > and occupational diseases in the manner prescribed Labor Code Russian Federation and other regulatory legal acts.
Note: Details at this link
Is there an allowance for an employee who has received a domestic injury while intoxicated?
If the injury is due to alcohol intoxication, then the benefit is paid in reduced size. reminded employers of this Arbitration court Northwestern District in the resolution of 07.07.18 No. A21-6737 / 2017.
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Which event should be investigated as an industrial accident
if it happened:
- on the territory of the organization, as well as on other objects and areas that are assigned to the organization on the basis of ownership or lease;
- where the work was done;
- on the way to or from work vehicle employer or in a personal vehicle used in official purposes;
- on the way to a business trip and back;
- during business trip to the place of assignment and back, including on foot;
- at work on a rotational basis during inter-shift rest;
- when performing other lawful actions due to labor relations with the employer or performed in his interests, including actions aimed at preventing a catastrophe, accident or accident.
This is stated in the Labor Code of the Russian Federation, paragraph 3 of the Regulation, approved by resolution Ministry of Labor of Russia dated October 24, 2002 No. 73, paragraph 9 of the decision of the Plenum of the Supreme Court of the Russian Federation dated March 10, 2011 No. 2.
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How labor inspectors will investigate accidents at work
Rostrud approved Guidelines for the investigation of accidents. In particular, the procedure for the actions of inspectors during the additional investigation accident, as well as in the event of an accident hidden by the employer.
It makes sense for employers to review this document in order to be aware of what actions to expect from labor inspectors. The recommendations will be of interest to the employees themselves. After all, Rostrud ordered labor inspectorates to acquaint the victim himself or his relatives with a memo that will contain information about the payments due to them. Accordingly, the victim / his relatives have the right to ask to acquaint them with such a memo, if suddenly the labor inspectors forget to do this.
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Consequences of an accident
For an event to be considered an accident
it needs to have the following consequences:- the need to transfer the victim to another job;
- temporary or permanent disability;
- death of the victim.
Payment in case of injury and accident at work
1. Payable sick leave for temporary disability.
2. It is possible to compensate through the court from the company for moral damage in case of loss of incapacity for work. The employer is obliged to compensate non-pecuniary damage for injury, even if the injured employee no longer works for the company
Accidents according to the severity at work are divided into severe and light.
according to the scheme for determining the severity of health damage in case of accidents at work (clause 1 of the order of the Ministry of Health and Social Development of Russia dated February 24, 2005 No. 160).
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What to do if you got an industrial injury at work, and the boss wants to hide it
When a dispute between an employee and an employer regarding the qualification of an injury is obtained, the employee needs to. In this complaint, it is necessary to write in detail all the circumstances of his work injury.
The boss wants to hide an emergency at work. Where to apply?
My brother got into an accident while working. He was on a business bus. Now my brother is in the hospital with a serious injury. The employer does not want to file this as an accident at work and tries to hide everything. What should a brother do? Where should you report it?
Cases where employers try to avoid recognizing injuries as industrial accidents do happen. The fact is that this allows you to reduce injury rates - the size of the employer's insurance premiums to the FSS depends on them. But the employee is deprived of significant benefits and guarantees that officially rely on the victim of injuries at work. Specialists in the protection of social and labor rights advise fighting for the restoration of justice. Especially considering that injuries can have remote adverse effects for good health. In such situations additional guarantees are especially important.
What should an employee do if there is a dispute with the employer regarding the recognition of an emergency as a work-related injury? This is explained in the Labor Code of Russia. You must write an application to state inspection work, in which it is necessary to indicate all the circumstances of the accident that occurred. You must also attach any available documentary evidence: medical conclusions about causing harm to health, photographs from the scene, written witness's testimonies etc.
On a note:
sometimes employers insist that an employee sign explanatory note, allegedly the injury did not occur during the performance official duties, and in his spare time. However, in practice, even in this case, the employee has a chance to defend his rights. In such situations, you should go to court. Therefore, you need to know well.
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What to do, instructions for those who have been injured at work
I have a pretty dangerous job. I'm worried that something will happen, and I don't even know who to turn to. How to draw up documents correctly in order to receive all the required compensation if necessary, if I work under an employment contract?
It must be remembered that if, as a result of an emergency, health was harmed in the performance of labor duties, the injured employee should first of all notify his immediate supervisor.
The employer must organize first aid and transport the victim to the hospital. In the event that you go to the hospital yourself, you need to inform the doctors that the harm to health was caused as a result of an emergency at work.
Further, the employer is obliged to create a commission for the investigation of an industrial injury of at least three people. When investigating group, severe and deaths The commission also includes a representative of the FSS. As a rule, the commission for the investigation of an accident at work is headed by a state labor inspector.
If the accident occurred through the fault of the victim, the commission determines the degree of his guilt based on testimonies, studying the nature of the injury, the results of examinations, and the details of the incident.
Based on the results of the investigation, the commission makes a decision on the fact of an accident at work and draws up an act in the form H-1. The document allows the victim to receive guaranteed insurance coverage.
It should be borne in mind that if the resulting injury has mild degree severity, an accident report at work is drawn up within three days. In case of a serious injury, no more than 15 days should elapse from the moment of the incident to the execution of the act (by decision of the commission, the period for investigating an accident at work may be extended).
Types of insurance coverage that an injured employee can count on:
- payment of expenses for treatment in case of a severe accident at work;
- payment of temporary disability benefits, the amount of which does not depend on the length of service of the employee and is equal to 100% of his average earnings (but not more than 247,680 rubles per month in 2014);
- in the event of a permanent loss of professional ability to work - one-time and monthly insurance payments (depending on the degree of loss of professional ability to work and the average earnings of the insured person) and payment of additional expenses for medical, social and vocational rehabilitation according to the recommendations determined by the medical commission during the medical and social examination. Also, the rehabilitation program may include additional types care, medicines, technical means rehabilitation, sanatorium treatment, acquisition motor vehicle and other rehabilitation measures.
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