When will they start paying interest on disability. Step-by-step instructions for receiving payments for industrial injury at work. Accident investigation

If, in the process of work, a worker has lost his ability to work for more than one day, this is equivalent to an industrial injury. Injury and death are also included. This kind of injury includes compensation payments to the employee. The amount of payment in case of an industrial accident is calculated based on the severity of the injury received. However, in order to receive payments, the fact of the incident must be recorded (although this is somewhat easier than when applying for a sick leave for a domestic injury).

Work injury - what should an employee and employer do?

To pay compensation, certain requirements must be met:

Apply to medical institution for help.
Officially record the fact of contacting a doctor.
Call the head of the department, as well as the head of the enterprise to the scene.

It is important to have witnesses who will confirm the fact of the emergency at the enterprise. All these actions must be performed on the day the incident happened. The head of the organization must draw up an incident report, endorse it, and sign it together with witnesses to the situation.

The next step is to establish a commission that investigates all aspects of the incident. Depending on the severity of the injury, the investigation time can vary from 3 to 15 days. The composition of the commission should include from 3 people or more. Compensation is established based on the opinion of the commission.

Classification of occupational injuries by severity

There are mild to severe work-related and fatal injuries. All fatalities are classified as fatal.

Severe include:

Injuries to the employee's health and subsequent shock, coma, high blood loss (more than 20%), blockage of blood vessels, acute dysfunction of vital organs and systems.
Injuries associated with bruises of the brain or skull.
Penetrating wounds of the spine, trachea.
Open and closed fractures.
Abortion.
Loss of organ, hearing, vision.
Mental disorders.

A complete list of injuries that are severe is spelled out in the scheme for determining the severity of accidents at work. This scheme was approved by order of the Ministry of Health of the Russian Federation 322 of August 17, 1999. Injuries that are not listed as severe are mild injuries.

Signs of an employee being injured at work

An injury is considered work-related if it occurs as a result of labor activity... Also, injuries that an employee received during a business trip, or on the way to work / home can be recognized as work-related injuries. If a worker is injured while at work after graduation working day, they can also be recognized as production, if at that time he performed his official duties.

What conditions help to qualify an accident as a work injury?

An incident can be classified as a work-related injury under the following conditions:

An emergency happened on the way to work on a work vehicle, or on your own car. But personal transport must be used for production purposes.
The injury occurred during a business trip.
If an employee works according to on a rotational basis, rest time between shifts is also taken into account.

Therefore, an incident that occurs during the rest period between shifts can also be attributed to an occupational injury.

Work injury payments and compensation in 2018

After issuing a certificate of incapacity for work, sick leave is paid. The amount of compensation is calculated from the employee's average earnings for the year and is paid at the rate of 100%. The lump sum payment is charged to the employee by the Social Insurance Fund. The amount of the payment depends on the severity of the injury suffered. During the entire recovery period, the employee is charged a monthly payment. The amount of compensation is equal to the average monthly earnings of the employee, the limits of which are set by the Social Insurance Fund. In addition to basic payments, there are additional costs, such as buying medicines or performing a paid examination. Such payment is made at the discretion of the employer from the funds of the company.

Sick leave payment

The sick leave is paid in full from the funds that the employer contributed to the social insurance fund. The amount of compensation is calculated on the basis of the employee's average monthly salary, and regardless of his length of service, it is paid in full - 100% of the average salary.

Payment of one-time insurance

The lump-sum insurance is paid by the Social Insurance Fund. The amount of such compensation is determined by the degree of injury suffered by the employee. The FSS annually sets certain limits on the maximum amount of payments. In 2017, it was at the level of 80534.8 rubles.

Monthly insurance payment

This payment is charged to the employee on a monthly basis. The amount of such charges is equal to the average monthly earnings of an employee over the past year. This amount should be indexed every year. Payments continue until the employee fully recovers his ability to work.

Employee treatment and rehabilitation costs

Payment of additional expenses for the rehabilitation and treatment of the employee is made from the funds of the company at the discretion of the employer. These expenses may include purchasing the necessary drugs, paid examinations, purchasing the necessary medical equipment, and transporting an employee. The exception is additional leave for rehabilitation, the payment of which comes from the funds of the FSS.

The procedure for receiving payments in case of industrial injury

In order for the employee to receive all the necessary payments, he must provide the employer with a sick leave and all documents confirming expenses. To receive compensation for the money spent on medicines, you must write a statement and attach all confirming receipts to it. The one-time payment is transferred to the financial account of the injured person on the next day, after the approval of the application. If the employer refuses to pay to reimburse the employee, he has the right to file a complaint with the labor inspectorate. In extreme cases, the proceedings can take place at the judicial level.

There are several laws in Russia that regulate the issues of occupational injuries:

Labor Code of the Russian Federation, Art. 184 (guarantees the provision of monetary compensation in the event of an accident).
Federal Law No. 125, Art. 5 (compulsory insurance of employees).
Civil Code of the Russian Federation, Art. 1101 (the ability to request monetary compensation for moral damage in case of injury at work).
Constitution of the Russian Federation (guarantee of safe working conditions).

On the fact of the industrial injury, an investigation is carried out in order to find out the causes and circumstances of the incident. After that, the victim has the right to demand monetary compensation.

An investigation is compulsory for any occupational accidents, for example:

Physical injury causing harm to health of people, animals or insects.
The fact of electric shock or lightning, frostbite, drowning, heat stroke, burns.
Damage due to accidents, explosions.
Other injuries that the employee received in the course of work.

For an occupational injury to be recognized, the following circumstances are required:

Everything must happen in work time and on the territory of the enterprise. It doesn't matter if the accident happened during lunchtime or during overtime work.
The injury was received on the way to work or back when traveling by personal transport (subject to confirmation of an agreement about this with the line manager).
During a business trip (when the employee moves in any direction, to the place or back).
In the course of performing work on a rotational basis.

This list is incomplete, but includes the most common circumstances. Next, we will analyze what material consequences the organization bears if there was an industrial injury: payments and compensations in 2019.

Calculation algorithm

To determine how 2019 workplace injury is paid for in each case, you need to start from the statutory amounts. They are reviewed every year. For 2019, the size of the maximum lump-sum insurance payment was 97,778 rubles. When calculating, regional coefficients are taken into account without fail.

The calculation procedure includes the following steps:

Calculation of the average earnings of an employee (income for two years that preceded sick leave due to what happened at work is divided by the number of days of this period, that is, 730).
The resulting value is multiplied by the number of sick days.
Work experience is not taken into account, since the amount of the benefit is equal to 100% of the calculated amount (in the absence of the victim's fault).
The total is compared with the applicable restrictions. In 2019, the maximum amount of the benefit, according to the law, is 300,728 rubles. If the victim's income has exceeded this value, payment is made based on a maximum of 9,892.37 rubles per working day.
When paying benefits, personal income tax is withheld. Funds are transferred on the day of payment of the next advance payment or wages.
If an employee died from the consequences of an accident, relatives are paid 1 million rubles.

Instructions: what to do for an employee in case of injury at work

The injured employee must notify the administration of the incident and prepare the following list of papers:

Claiming a one-time or monthly payment for an occupational injury.
Documents confirming the cost of purchasing medicines and rehabilitation courses (if paid from personal funds).
Certificate of disability (conclusion of a health worker).
Detailed plan rehabilitation programs.
The conclusion of the health worker on the need for a rehabilitation course.

Application to the FSS for a lump sum payment for an industrial injury, form

Application to the FSS for monthly payments, form

Workplace Injury Guidelines

In the event of an industrial accident, the director must form a special commission. She finds out all the circumstances under which the worker was injured. The commission includes at least three people:

a representative of a government agency or organization where the accident occurred;
union representative;
the person responsible for compliance with labor protection rules at the enterprise where the employee was injured.

If the accident affected five or more people, the commission is expanded. It includes an authorized representative of the State Labor Inspectorate of the Russian Federation and a member of the All-Russian Representation of Trade Unions of the Russian Federation.

Please note that the victim has the legal right to be on the commission. This is allowed in order to minimize the possibility of falsification in the investigation of the circumstances of the accident.

If an employee was injured at work, an act must also be drawn up. The second document is filled out in Russian, and if the injured employee is a foreigner, then also in his native language. Mandatory information in the act:

information about the circumstances of the incident;
causes of damage;
Name and position of the guilty persons;
the degree of the victim's guilt;
testimony of witnesses.

The act is signed by all members of the commission. After that, the paper is submitted to the director of the enterprise for approval and certified with a seal.

It is also necessary to notify the Social Insurance Fund (FSS) in the form of a report (Article 228.1 of the Labor Code of the Russian Federation). And if two or more people were injured or there are victims, the director is obliged to notify:

Social Insurance Fund;
State Labor Inspectorate;
The prosecutor's office;
organs local government;
employer (if the employee was sent to another enterprise and there was injured at work);
Regional trade union organization.

The accident report is filled out according to the form No. 73, approved by the decree of the Ministry of Labor of the Russian Federation. If an incident occurred on a ship, the captain of the ship must inform the nearest consulate of the Russian Federation as soon as possible. If the cause of the employee's health problem is acute poisoning, Rospotrebnadzor should be additionally notified.

In order to issue a disability benefit to an injured employee, the management prepares and sends to the FSS a package of documents, which includes:

Other payments stipulated by the collective agreement.

FSS pays:

One-time help.
Monthly allowance due to loss of working capacity.
Reimbursement of rehabilitation costs (if the victim visited sanatoriums, purchased medicines at his own expense). To receive these payments, it is required to provide receipts to the FSS, which confirm the spending.

Liability for concealing an occupational injury

Since damage to an employee at work falls under the insured event, and according to the law, the employer is obliged to pay compensation (Federal Law No. 125), liability is provided in case of concealing the incident. The corresponding norm is spelled out in Art. 15.34 of the Administrative Code of the Russian Federation. It states that for concealing an incident with damage, the company will be fined in the amount of:

300-500 rubles (for citizens);
500-1000 rubles (for employees);
5000-10,000 rubles (for enterprises).

05/23/2019, Sasha Bukashka

Work injury- this is the loss of ability to work due to an accident that occurred in the process of work. What to do for the employee and the employer in case of injury when the employee performs it job responsibilities... What compensation is due for injury at work. We will analyze these and other issues in the article.

What kind of injury is considered to be work-related

The harm caused to the health of a citizen as a result of an accident at his place of work, which resulted in a temporary or permanent loss of his ability to continue to work or, in the most severe cases, even led to his death, is called an occupational injury.

That is, we are talking about accidents if they led to damage to health, injury and if they happened during the performance of the employee's duties assigned to him:

Time to prepare work equipment (tools, clothing, etc.).
Time to tidy up the work equipment after the shift.
Taking any other action before or after work shift, which are described in the employment contract and provided by the employer.
Periods.
Labor on weekends and holidays.
On the way to or from work. This can be movement by official or personal transport, but if by personal, then the use of personal transport must be spelled out in the employment contract and agreed with the management.
The injury was received on the way to a business trip and back.
During business trips on business issues, it does not matter - on public transport or in a company car.
On the way to the place of work assignment, given by the head, and the road is also considered on foot.
During inter-shift rest.
During the inter-shift rest of the driver-shift, conductor, member of the mail carriage brigade, etc.
Injury is received in other cases, when the employee performs actions on the orders of his superiors. For example, when working after accidents or natural disasters, catastrophes or accidents that need to be prevented or the consequences of which need to be eliminated. But this must be fixed in the employment contract.

If the injury was received on the way to work or from work outside the working day and not on work transport, then such a work injury is not considered.

There are situations when injury occurs due to an accident that has nothing to do with production or work duties or tasks. Such an injury will not be recognized as a work injury and payment for it should not be expected. This could be:

death as a result of some general illness or suicide, which has been confirmed by doctors, investigative authorities or a court;
death, illness or injury as a result of alcoholic, drug or other toxic intoxication (poisoning), which is not associated with violations technological process... This also needs to be confirmed by doctors;
the injury was received as a result of an accident that occurred when the victim committed a criminal offense.

Example

The janitor is intoxicated in the yard and got bruised.

He was cleaning the yard with a shovel and a broom, and an icicle fell on his head, breaking his head. This is an occupational injury, for which a drunken janitor will be compensated for by law. Why? Because the injury was caused precisely by the fall of the icicle and did not depend on the degree of intoxication of the worker. If the janitor was cleaning the snow sober, this icicle would still fall and hurt him. So the presence or absence of alcohol in the body of an employee at the time of work does not matter in the context labor law... Although, of course, this is not very good for health.

But if, when cleaning the yard, the same drunken janitor could not stay on his feet and broke his arm when falling, then his alcoholic intoxication will be the main factor, and the injury will be considered domestic.

Who determines what kind of injury has become - work-related or not? This is the task of the commission to investigate every accident at work. It is the direct responsibility of the company management to organize such an investigation.

In the course of the investigation, the commission must take into account all the circumstances that may be of importance in recognizing the accident as domestic or industrial. As in the example described about the unlucky janitor: you need to determine both the state of the person and the available facts about the icicle, slippery yard, and so on. As a result of this work, an act is drawn up.

What to do if there is a disagreement on the investigation, registration and registration of accidents? If the injured employee disagrees with the panel's findings? If, as a result, a person died, and the members of his family who were left without payments are sure that it is a work injury and that the commission made the wrong conclusion, recognizing it as a household one? In this case, you need to contact the State Labor Inspectorate (STI) and appeal the results of the investigation. GIT specialists must conduct an examination and make a final conclusion.

If the conclusion of the GIT about the received industrial injury does not suit the injured party, then all that remains is to go to court.

Work injury. Payments and compensations 2019

Fracture, injury, other harm to health, received while performing work or on the way to it, may or may not be recognized as an occupational injury.

If they are industrial injuries, about which the act has been drawn up, then the employee will have the right to:

for sick leave payments;
for insurance payments - one-time and monthly compensation;
to pay for their expenses for treatment and rehabilitation (both medical and social and professional).

All these payments are made by the FSS of the Russian Federation, except for sick leave - it is paid by the employer.

How sick leave for a work injury is paid

Compensation and sick leave for an industrial injury is at the expense of the employer and on the following conditions:

100% of the average earnings of the victim is always paid for the entire period of sick leave until recovery or the establishment of complete loss of professional ability to work (Article 9 of Law No. 125-FZ);
sick leave is paid at all places of work of a person in full, regardless of where the accident occurred (Letter of the Ministry of Health and Social Development of Russia dated 04.24.2007 No. 3311-LG) - this is relevant, for example, for part-time workers;
the maximum amount of sick leave payment for a month is established by clause 2 of Art. 9 of Law No. 125-FZ. It changes every year, indexed in accordance with the rules laid down in the law. In 2017, the maximum compensation was 72,290.4 rubles, in 2018 - 75,182 rubles. In 2019, the amount of monthly compensation from the Social Insurance Fund is 78,189.3 rubles.

One-time and monthly compensations are assigned and paid from the budget of the FSS of the Russian Federation to an employee, if, according to the conclusion of a medical examination, the result of the injury was the loss of prof. ability to work, that is, a person can no longer work on the same conditions.

What additional expenses can be paid to the injured person? We are talking about paying for rehabilitation treatment after an industrial injury. Such treatment must be prescribed by a physician. This payment is also made by the FSS.

How to act for an employee to receive benefits and payments

In case of an industrial injury, first of all, it is necessary to bring a sick leave to the employer and wait for payment on it.

The employer assigns an allowance for 10 calendar days from the date of provision of the certificate of incapacity for work. The employee must receive compensation on the day of payment of wages at the enterprise, which will be the closest after the grant of the benefit. That is, if the salary is paid on the 10th and 25th of each month, and the sick leave is brought on the 18th, then the payment on it should occur on the 25th.

If the employer does not comply with the specified deadlines, it is worth filing a complaint with the GIT or immediately with a statement of claim to recover the unpaid amounts in court.

The following documents must be attached to the application for claiming payments:

industrial accident report;
conclusion of a medical examination;
a copy of either an employment contract;
certificate of average earnings.

The decision is made within 10 calendar days. Terms of compensation payments:

one-time compensation - no later than a calendar month from the date of their appointment;
monthly compensation - in the month for which they are charged, no later than.

If, according to the conclusion of the ITU institution, a person required medical, social and professional rehabilitation after an industrial injury, then he can apply to the FSS of the Russian Federation for compensation for such expenses: submit an application and attach documents confirming the expenses.

The decision on payments will also be made within 10 days, in accordance with the rehabilitation program for the victim as a result of the accident, drawn up by the doctor.

Rehabilitation payments are made by postal order at the place of residence or by transfer to the bank account specified in the application. The employee has the right to choose the method of receiving payments himself. The deadline is no later than 20 calendar days from the date of the adoption of the corresponding decision by the FSS of the Russian Federation, and for certain expenses - monthly (expenses for outside care) or quarterly ( Maintenance vehicle).

Obligations of the employer in the event of an industrial accident

If an accident occurs and an employee is injured, the employer must:

Provide assistance to the victim. To provide first aid to victims, each organization must have a first-aid kit equipped with everything necessary (the requirements for the kitting of a first-aid kit are approved by Order of the Ministry of Health and Social Development of Russia dated 05.03.2011 No. 169n). If the injury allows, then the employee must be taken to a medical facility. In the same place, the injury should be characterized as mild or severe. It depends on which authorities the employer must inform about the accident, which commission and at what time to organize for the investigation.
Take measures to prevent accidents. It is necessary to notify the rest of the workers about the possible accident and its consequences. Move all workers to a safe distance and, if possible, neutralize the source of the hazard. After that, you need to enter a high alert or emergency mode.
Save the environment at the accident site or otherwise fix it. If there is a danger of an accident, draw up a diagram of the scene of the accident, photograph or video the place where the work injury was sustained.
Report the incident to the regulatory authorities, as well as to the relatives of the injured worker.
Organize an investigation.

In addition, the employer must prepare documents for Social Insurance:

medical act on injuries;
commission investigation protocol;
reports on payment of fees for the employee;
income statement of the victim;
certificate of payment of benefits.

You need to draw up documents in accordance with the requirements of the law.

Compensation for non-pecuniary damage

If an employee injured at work wants to receive compensation for moral damage, he must go to court. When drawing up a statement, it is necessary to indicate the grounds for paying such compensation, to make calculations that would show the relevance of the claim. But even if there are visible grounds for compensation for moral harm, it is necessary to adhere to the principle of rationality and justice.

Employer's liability in the event of an industrial accident

If an incident occurs at the enterprise, as a result of which an employee was injured, a commission of investigation is created. As a result of the investigation of the causes of the occupational injury, the degree of guilt and responsibility of each of the parties is determined.

The employer's liability is of several types:

material;
disciplinary;
criminal;
administrative.

The material includes:

payment of compensation to an employee for the loss of working capacity;
lump sum payments;
the employer may be required to pay non-pecuniary damage.

An employer may be disciplined for failure to perform or improper performance of duties related to the organization of labor activities (for example, refusal to insure employees who are improperly equipped workplace).

For hiding insured event a fine is imposed on the manager:

for an individual - 300-500 rubles;
executive- 500-1000 rubles;
legal entity - 5,000-10,000 rubles.

In case of violation labor legislation fines are increasing:

for an official - 1000-5000 rubles;
for an employer other than legal entity, - 1000-5000 rubles, suspension of activity for 3 months;
legal entity - 30,000-50,000 rubles, suspension of activities for 3 months.

Criminal liability is the most severe. It can only be applied to individuals... Criminal proceedings can be brought against if a serious injury was received at work or if an accident caused the death of an employee.

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

but arbitrage practice proves that industrial accidents are fairly common. And employers are in no hurry to pay. Moreover, an employee who has become disabled is in a hurry to dismiss as soon as possible.

Let's analyze the order of actions in case of injury at work.

What to do?

Recording an occupational injury

Call a doctor for examinations and removal of injuries. Then the immediate superior. Ask eyewitnesses to the incident to tell your supervisor about the incident. 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 the payment of compensation or avoid them altogether. To minimize this risk and deprive the employer of the opportunity to withdraw from the payment of compensation, you will need a doctor's opinion, who will establish a causal relationship between the work injury and the harm caused to the body.

In case the injury wears difficult character and an operation is required - ask your doctor to confirm this connection. If there is an official opinion, the employer will not have a chance to refuse to pay you compensation and financial costs in connection with the treatment.

The employer is obliged to draw up an act within 24 hours after the incident (according to article 228.1 of the Labor Code of the Russian Federation). Please note that it is drawn up in three copies with the obligatory filling of all fields.

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

It will be useful to study articles 228-231 of the Labor Code of the Russian Federation - if you are refused to issue an act, it is possible that your other rights have been violated.

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

Commission and Investigation of Work-related Injury

The employer's responsibilities include: first aid to an employee injured at work, if necessary, delivering him to the admission department, drawing up a protocol that contains the details of the incident.

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

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

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

If the injury received is of mild severity, the conclusion of the commission must be ready within three days. In the event of a serious injury, no more than 15 days should elapse from the moment of the incident. If the commission was not able to cope with the task within the terms that were established earlier, the duration of its work may be extended for another 15 days.

Severe cases include: shock, coma, blood loss of more than 20% of the total volume, acute failure of organ functions, penetrating wounds, some fractures (cervical vertebrae, spine, skull, chest), brain contusion, radiation damage, damage to the main blood vessels, abortion. All the rest are considered lungs - a concussion, a simple fracture, muscle sprains, and so on.

What payments and compensation are due in case of an industrial injury

All employees are subject to compulsory social insurance - this is the responsibility of the head of the company.

All injured workers with whom the labor contract or a work contract (Article 3 of Law No. 125-FZ). In the second case, the employer assumed the obligation to pay contributions to the Social Insurance Fund.

If he refuses to do so, the victim can obtain compensation by suing the culprit enterprise. At the same time, according to the resolution of the Plenum of the Armed Forces of the Russian Federation No. 2, the effect of Law No. 125-FZ applies not only to Russians, but also to foreign citizens and even stateless persons. If you work in several organizations part-time, then 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 been formalized under an employment or other contract can receive compensation. Supreme Court clarified that in such a case, arbitrators can take into account the usual amount of remuneration of an employee by his profession at the time of applying for insurance benefits.

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

To date, the following types of social insurance coverage are provided:

Allowance for temporary disability due to an accident at work (100% of the average earnings);

Lump-sum insurance payment, the payment is made only once, immediately upon the fact of illness (injury). If later it turns out that the person has 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 the payment of leave in excess of the annual basic for the entire period of treatment and travel to the place of treatment and back).

In addition to mandatory payments, the company has the right to provide for other compensations or payments in a larger 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 after the death of the insured who received such a right) will receive compensation.

The maximum amount of these insurance payments is set federal law about the FSS budget every year. The maximum limit for payment of additional costs for medical, social and professional rehabilitation of the insured, as well as the conditions and procedure for payment are determined by the Regulation on payment of additional costs for medical, social and professional rehabilitation of insured persons who have 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 case of occupational disease average monthly earnings can also be determined for the last 12 months of work preceding the event that caused the illness. When calculating benefits, all positive changes in the victim's salary must be taken into account: bonuses, indexation upward, etc. (Clause 10 of the Resolution of the Plenum of the RF Armed Forces No. 2).

If, in the end, the employee does not have enough money that the FSS will reimburse him, he can receive additional funding directly from the employer who became the culprit of the accident. To do this, the victim needs to file a lawsuit against the employer.

In the course of work, whether it is an office or industrial enterprise, there is a possibility of an accident and an employee may be injured at work. This fact should be immediately reported to the management. However, some people are afraid of problems or bureaucratic delays, so they try to arrange the incident as a household one. Hiding this fact, in the future, if complications arise, an employee may be left without the help that is due to him by law.

What is an occupational injury

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

while traveling to the place of work on the organization's transport or on your own, which is used for production purposes;
on the way to a business trip and back;
when performing work as directed by the management, which is not included in the list of job responsibilities;
during the elimination of the consequences of emergencies and catastrophes with the involvement of an employee in the prescribed manner.

Legal regulation

Currently, Russia has developed a system of regulatory legal acts, which are guided by investigating and preventing injuries at work. Taking into account the specific features of production with its local provisions, job descriptions, it can be said that the number of documents related to the investigation of injuries is increasing significantly.

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

The main causes of industrial injuries

Accurate performance of work duties and adherence to safety precautions helps to reduce injuries at work. They can be conditionally divided into technical, organizational and personal. The main cause of accidents is negligence in the workplace. In addition, the reasons may be non-observance of the rules of behavior, violation of the technological process, both through the fault of the employee himself and his management.

Types of work injuries

There are several criteria by which one can classify occupational accidents. According to the number of injured, injuries received at the workplace are differentiated into single and group injuries (when 2 or more people were injured). Depending on the circumstances that caused the injury, injuries associated directly with production process and not related to it, but related to work. By severity, it is customary to distinguish:

lungs (pricks, scratches, abrasions);
severe (bone fractures, concussion);
fatal (the victim dies).

Injury at work

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

What threatens the organization

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

What an employee should do

The first thing that a victim must do if an injury is received at work is not to leave the scene of the incident, since in this case it will be difficult to prove the fact itself, and the incident will be qualified as a domestic one. Next, you need to notify your direct management about what happened on your own or through witnesses and call medical worker who will assess the severity of the injury.

Obligations of the manager in the event of an industrial accident

The episode that has occurred requires the employer to take urgent measures that will subsequently help to avoid big problems, and in some situations not to be held liable if the injury occurred due to the employee's fault. The direct responsibility of the management is to provide ambulance to the victim until the reasons are clarified, and, if necessary, transport him to the department of the medical institution. If, as a result of what happened, it may develop emergency or a catastrophe, the leader is urgently obliged to take measures to prevent and prevent them.

Commission creation

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

Investigation

After the creation of the commission, a direct investigation of the accident begins. It is found out for what reason the work injury was received, both the victim himself and the witnesses of the incident are interviewed. The authorized persons are obliged to find out who is the culprit of the incident with the aim of subsequent punishment in accordance with the law. The severity of the damage caused must be established.

How to file a work injury

Injury at the workplace for any reason must be recorded in a special journal. The very fact of an emergency is reflected by drawing up an act of what happened in accordance with the sample established at the enterprise in at least 2 copies - for the employer and the victim. It is certified by all members of the commission, after which it is transferred to the management and certified by the seal. If the victim is a foreigner, then in addition to the act in Russian, a document is drawn up in the native language of the employee. Officially drawn up paper must contain the following information:

information about the accident;
circumstances and reasons for the incident;
information about the perpetrators;
the degree of the victim's guilt;
testimony of witnesses, if any.

Where to report an accident

The manager is obliged to notify the Social Insurance Fund if a subordinate gets injured while working. If 2 or more people were injured or the fact of death took place, the circle of organs where it is necessary to report the incident. This is state inspection labor, prosecutor's office and local authorities self-government, the immediate superior of the employee, if he is on a business trip, and the trade union. In the event of an acute poisoning, Rospotrebnadzor is also informed about the incident.

What documents are required from the employer

Once provided health care, all interested services were notified and an investigation was carried out, the head of the organization must provide a number of papers to the Social Insurance Fund for calculating certain payments to the victim. Required documents such as a copy of the accident report and a certificate of average earnings for certain period for calculating insurance payments.

In addition, you need to attach a certificate of the period for calculating temporary disability benefits. Copies of documents confirming labor Relations between an employer and a worker injured at work. These include employment history, an employment contract, which spelled out the clause on the payment of compensation in the event of an emergency at work.

Documents from the injured employee

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

What payments are due in case of an industrial injury

If he had the fact of injuries at work, then the employee is entitled to payments and compensations in accordance with the legislation of the Russian Federation. Many people might think that all the funds paid to the victim in connection with temporary disability due to an accident completely fall on the shoulders of the employer. This is not entirely true. When the enterprise where the victim works pays monthly contributions to the FSS, then it is only a link, transferring money coming from the Fund to the injured employee. Check out the online service for generating reports in the FSS.

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

How sick leave is paid

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

Lump-sum insurance payment

There are certain limits that affect the lump sum for workplace injury. They are established on the basis of a special government decree. For 2019, the maximum amount is 80,534 rubles. The exact figure for each employee is established by the organization in which the victim is insured. It is based on the conclusion of a medical examination conducted by an accredited institution. Here it is necessary to take into account the damage caused to the employee and the degree of disability.

Monthly insurance payment

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

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

Additional payments for employee rehabilitation

An injured employee has the right to demand compensation payments from the management that arose as a result of additional costs for treatment and purchase medical supplies and funds for undergoing rehabilitation (including the purchase of prostheses). The reimbursement of travel costs incurred during the delivery of the patient to the place of treatment and rehabilitation and back. If the patient had to retrain because of the injury to work in another specialty, these costs will also be borne by the guilty party.

Compensation for non-pecuniary damage

An occupational injury is also a great stress, so the employee has every right, in accordance with the law, to count on compensation for moral damage caused if the incident occurred through no fault of his. When a supervisor refuses such a payment, the employee can go to court to resolve the dispute. The amount is determined by agreement of the parties, but can be assigned by the courts. Often the employer prefers to pay compensation for moral damage rather than pay compensation in the future.

Death at work - payments

If an occupational injury resulted in the death of an employee, then close relatives of the patient are entitled to payment. One-time assistance in case of a fatal outcome is paid within a million rubles. To obtain it, you must provide a number of documents:

death certificate;
the conclusion of forensic experts;
a certificate of the deceased's salary;
certificate of the presence of dependents;
documentary evidence of burial expenses.

Responsibility for concealing an industrial accident

An occupational injury resulting from an accident at work should be recorded, and all such incidents should be investigated in accordance with the established procedure. If the employer refuses to issue an industrial injury certificate, the employee has every right to achieve this through special bodies and the court. To confirm this, photo and video filming, testimony of witnesses are used, because it will be difficult to prove an emergency without traces of visibility.

When the manager tries to hide the fact of an accident, then he falls under the responsibility, since there is a concealment of the insured event. This includes actions when the employer has not created a commission of inquiry. For all this, administrative responsibility is provided in accordance with the Code of Administrative Offenses.

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