Industrial injury at work. Work injury. How to try to avoid unpleasant consequences

In the process labor activity any worker can be injured.

The scene of the incident can be both at the workplace and within the walls of the office.

In such a situation, the victim should immediately report the incident to the line manager.

Primary responsibilities of management:

provide first aid, if there is a need to deliver the victim to a medical facility;
take measures to prevent an accident;
preserve the environment of the scene.

Find out more about what to do if you are accused of an accident.

The Labor Code obliges the employer to record and investigate every accident with the participation:

an employee of the organization;
internship student;
convicted person involved in labor;
a citizen involved in community service in court.

It is important to determine the moment of injury. It is recognized as production if it happened in the process:

working time - fulfillment of duties according to the job description;
actions on behalf of the employer;
performance of work stipulated by the employment contract.

See more about labor contract, its features and differences from the employment contract.

And on the territory:

employer;
when going to the place of work, or a business trip on the transport of the organization. If the movement was carried out by personal transport, a written confirmation of the consent of the management is required;
other territories in case of justification of actions in accordance with the employment contract.

The main types of injuries

The types of injuries that relate to an occupational accident can be divided into groups:

bodily wounds, bruises, etc.
thermal shock;
critical exposure to low temperatures;
exposure to electric current;
wounds inflicted by animals;
damage due to emergencies.

Important: the condition of recognition as an occupational injury - the employee cannot continue execution labor functions temporarily or for a long time, as well as the fact of death.

Registration procedure

To obtain an official medical opinion for the victim, you must fill out a request with a link to the response form 315-U.

Classification of the severity of occupational injuries:

lungs;
heavy;
deadly.

Important: when an employee is hospitalized, the request must be made on the first day - this is the employer's area of responsibility.

If a person is seriously injured or dies, it is the responsibility of the management to send a report of the incident to the state authorities:

the prosecutor's office;
unions;
labor inspection;
social insurance fund.

The message period is strictly limited by law - one day. Another duty is to notify the employee's next of kin about the accident.

To register a work injury in the organization, a commission is immediately created.

The number of members is not less than three, including a labor protection specialist, an employer's representative and a union member. The employer is at the head of the commission.

Important: if the case is serious or fatal, the commission includes members of the supervising government agencies chaired by the state labor inspector.

If desired, the victim or his representative can take part in the investigation.

The Labor Code regulates the period for conducting and registering an incident.

For minor injuries, the commission must complete the procedure within three days. In a serious incident, the law provides fifteen days.

During this period, the members of the commission commit:

collection of documents confirming labor Relations... What to do if lost employment history? See more details;
interviewing the victim, eyewitnesses and officials;
inspection of the scene of the incident, including photographing, drawing up plans;
other measures necessary to determine the causes of the incident.

Important: the investigation period can be extended up to fifteen days by the decision of the chairman of the commission. If necessary, get Additional information as part of the investigation.

At the end of the events, an Act of the established form is drawn up and all materials are attached. The originals are sent to the victim and the regulatory authorities.

The organization keeps records of industrial injuries in a journal of the established form... The storage period for documents is 75 years.

How is sick leave paid?

On the sick leave, code 04 is indicated if the injury is industrial.

Social insurance provides for one hundred percent payment for the period of illness.

Additional payments are possible with an occupational injury:

payment of expenses for social, medical and vocational rehabilitation;
monthly payments in case of disability;
lump-sum payments to relatives in the event of a fatal accident.

Amount of payments and compensations

Payment sick leave for work injury is carried out by the employer.

All other payments come from the budget of the Social Insurance Fund.

The employee receives temporary disability benefits at all places of work.

The law sets a maximum monthly payment annually... In January 2016, the level was 65,330 rubles, from February to December 69,510 rubles.

The management of the organization in the local act has the right to provide for additional payments to the injured employee.

Important: if law enforcement agencies establish the intent of the victim, he loses the right to social benefits.

Types of responsibility

Employer's responsibility

The Code of Administrative Offenses establishes the employer's liability for violations of labor protection standards.

The organization may receive a warning about the need to eliminate non-compliance with the law, or a fine.

For example, if the employee does not have overalls, the employer may lose 150 thousand rubles.

Important: hiding the accident from government agencies will entail penalties ranging from five to ten thousand rubles.

There is no statute of limitations for registration of industrial injuries. An employee can file a complaint with an organization or labor inspectorate to investigate the incident at any time.

Criminal measures are applied in cases of severe and fatal injuries caused by the employer and officials. Possible Sanctions for Serious Injury:

a fine of four hundred thousand rubles;
correctional labor;
deprivation of liberty.

In a fatal case, imprisonment can be up to five years.
apply to management in the usual manner, which is spelled out in the Labor Code. This can be a remark, reprimand, or dismissal.

Employee responsibility

Summing up the results of the investigation, the commission must determine the guilt of the victim himself.

Whether it was negligence or there was intent, which is extremely rare.

The guilt of an employee is determined as a percentage... It directly affects the amount of compensation payments.

The maximum reduction in insurance payment is 25%. The deceased employee's fault does not affect dependents' cash aid.

Investigation of any accident requires knowledge of labor laws.

In order to comply with all legislative norms and not receive complaints from the outside state inspection labor.

FAQ

Who sits on an industrial accident investigation committee?

The establishment of the facts of the injury occurred at work is carried out by a special commission, which the employer is obliged to promptly create and approve its composition by order of the enterprise.

The commission must have at least 3 people, one of them is a representative of the employer or a government agency, the other is an authorized representative of the trade union and the third is an employee responsible for organizing labor protection in the organization (the person directly responsible for labor protection in the organization should not take part in the commission).

If a group injury or injury with serious consequences (including death) is to be investigated, in addition to the indicated persons, the commission includes:

state labor inspector;
authorized from the administration settlement;
representatives of regional branches of the trade union and social insurance.

If the result of an industrial accident resulted in the death of 5 or more people, then in addition to those listed in the commission, the following should take part:

representative of the State Labor Inspectorate of Russia;
representative from the all-Russian trade union.

The victim has the right to participate in the investigation of an occupational injury that occurred to him..

What is the procedure for reporting a work-related injury?

The procedure for reporting an industrial accident is detailed in article 228.1 Labor Code RF.

In particular, if 2 or more employees were injured, or a serious accident / death occurred, the employer must inform about it within 24 hours:

to the regional State Labor Inspectorate;
to the district prosecutor's office at the place of the incident;
to the administration (council) of the settlement where the legal entity or individual entrepreneur is registered;
if the employee was sent from another organization, then to his management;
to the regional department of social insurance;
to a higher state organization, if the company is engaged in a specific type of activity;
to the regional branch of the trade union.

Every person who works in production or is an office worker has the right to count on normal working conditions.

This is, first of all, guaranteed by the Constitution of the Russian Federation.

But what to do if it did happen work injury? What actions should be taken in order for the employer to pay all the compensation due to the employee?

Let's consider these issues in more detail.

The concept of injury at work and the legislative regulation of this issue

An occupational injury is an injury that occurs in work time in fulfilling their job responsibilities in production.

In the legislation of the Russian Federation, there are laws that provide for the procedure for registering an injury received, payment of compensation, and the responsibility of the employer in case of failure to fulfill its obligations to employees.

In particular, we are talking about such laws, how:

Article 184 of the Labor Code Russian Federation, which clearly regulates the procedure for issuing monetary compensation an employer to an employee who has suffered a work-related injury;
Federal Law No. 125, in particular Article 5, obliges each employee to take out social insurance in case of an occupational injury;
Section 255 Federal law establishes the amount of monetary compensation in the event of an occupational injury;
Article 1101 of the Civil Code of the Russian Federation, which provides for the possibility of paying moral damage to an employee.

At the same time, the basic law is directly the Constitution of the Russian Federation, which guarantees safe working conditions for every working person.

Classification of occupational injuries by severity

Work-related injuries classified:

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Registration procedure

In the event that an employee, while at work, was injured, in the first place necessary:

In parallel with this, if necessary, call the production nurse on duty. She will perform a visual inspection and call an ambulance if necessary.

After the incident, it is necessary to notify the Social Insurance Fund within the first 3 days. This organization should establish its own independent commission, which should determine the reasons for the work-related injury.

It should be noted that this the foundation can admit injury, how:

household;
received in an accident;
obtained as a result of criminal acts.

Therefore, it is necessary to be prepared for the fact that you will have to look for witnesses who are able to confirm the fact of injury directly in the performance of their duties.

However, it is necessary to take into account the fact that an occupational injury is considered to be one which was received:

in the process of moving to work;
when an employee is on a business trip;
when moving in a production area.

To register a work injury, you must contact the Social Insurance Fund.

In this case, it is necessary to prepare package of documents, which includes:

the act of the fact of the accident;
a certificate indicating the average wage employee for the year;
a certificate indicating the period of accrual of work injury benefits;
a copy of the agreement, which confirms the transfer of contributions in the event of an occupational injury ().

Besides the employee must provide:

medical report with detailed description the injury received;
application for receiving financial payments;
a document that confirms the need for a rehabilitation course;
an act on the onset of an occupational disease.

It is important to pay attention to the fact that the production has the right to independently submit the entire package of documents on the victim to the Social Insurance Fund.

The employer's procedure

According to the current legislation, the employer is obliged first of all call an ambulance.

After that, he must interview the witnesses of the incident about what happened, record the fact of receiving an industrial injury.

The employer is obliged to take all necessary measures to provide the first medical care until the ambulance arrives.

Besides the employer is obliged:

require a protocol with all established data about what happened;
file an incident in accordance with applicable law;
initiate an internal investigation.

Such actions can help the employer avoid criminal liability and incur only administrative liability, which consists in the payment of a fine.

Amounts and procedure for payment of compensation payments

In case of injury at work, the employee has the right to count on such payments, how:

For 2019 maximum lump sum payment industrial injury is 97,778.70 rubles.

It is worth noting that its size directly depends on the severity of the injury and the number of days it takes to recover.

With regard to compensation for loss of basic income, this figure is different for each employee. It is 100% of the size.

At additional compensations, the amount depends on the certificates and receipts provided by the employee, which indicate the expenses for the purchase of medicines, travel, rehabilitation courses, and so on. He is entitled to full payment of these costs. At the same time, 25% of the amount is paid by the employer, the remaining 75% - by the Social Insurance Fund.

Implications for the employer

The responsibility of employers is determined depending on whose fault the occupational injury occurred. Let's consider in more detail.

Through the fault of the employer

In the event that an industrial injury happened due to the fault of the employer, he is threatened with administrative penalty in the amount of 5 to 500 thousand rubles, depending on the severity.

Moreover, if the injury poses a direct threat to the life of the employee, officials(shift supervisor, shop manager, and so on) may well count on the opening of criminal proceedings.

The criminal sentence can range from 1 year probation to 7 years in prison.

Through the fault of the employee

Even despite the fact that the occupational injury was caused by the employee's fault, the employer expects a series of checks that should confirm this fact. Moreover, according to statistics, the employer will still incur administrative responsibility and pay a fine of up to 200 thousand rubles.

It should be noted that all compensation to the employee is not suspended, the employer is obliged to pay all benefits stipulated by the law.

Concealment of the fact of an accident

Unfortunately, there is often an attempt in life to hide the fact of an occupational injury. It is no secret to anyone that the employer, when trying to hide the incident, offers the employee a certain amount of compensation and the provision of vacation.

However, in the event that it nevertheless becomes known about the fact of concealment of an industrial injury, the employer faces a fine of up to 500 thousand rubles or the suspension of the enterprise's activities for up to 3 months.

However, depending on the severity of the injury, the employer may receive a real prison term - up to 3 years.

For information on work-related injuries and the procedure for their payment, see the following video tutorial:

As in previous periods, in 2018, personal injury contributions must be paid in Social Insurance, this is the only insurance payment that has not been transferred to the tax authorities since 2017.

In today's article, we will recall where and how to pay injury premiums, and also find out if there are any changes in terms of these payments in 2018?

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On the basis of the information submitted, Social Insurance sets a certain rate of contributions. If the main type of activity is not confirmed for any reason, the FSS will determine the tariff for the most risky type of business indicated by the company in the Unified State Register of Legal Entities, of course, this will be the highest possible tariff.

Deadline for Payment of Injury Contributions in 2018

The deadline for payment of contributions for injuries is no later than the 15th day of the month following the month of calculation of contributions for the previous period (clause 4 of article 22 of Law No. 125-FZ).

If the day of payment falls on a weekend or a holiday, the deadline is shifted to the first working day after it. In 2018, there will be four transfers: in April and July - on the 16th, in September and in December - on the 17th. In the rest of the months, payments are made within the specified time frame.

Sample payment order for payment of contributions to the Social Insurance Fund

Social insurance remained the recipient of the payments of the contributions for injuries, therefore, the details for the transfer Money not changed. Payments must be made to the account of the regional Social Insurance Fund where the employer-insured is registered. In the payment order, the TIN, KPP and the details of the treasury of the Social Insurance body are indicated.

Let us recall the codes that must be indicated in the payment document:

KBK for contributions for injuries - 39310202050071000160;
Payer's status - value "08";
OKTMO is a code corresponding to the location of the policyholder.

Organizations must once a year submit to their branch of the Federal State Statistics Service (TOGS) information on industrial injuries and occupational diseases. For these purposes, form 7-injury rate was approved (Order of the Federal State Statistics Service of June 21, 2017 N 417). The specified form (in its updated version) was put into effect from the reporting for 2017. And by the end of 2018, business entities need to report on it.

You can find contact details of TOGS in ours.

Form 7 Injury: Blank

Form 7-injury: who passes

This form are required to represent all organizations, except:

companies that are micro-enterprises. Whether your company belongs to this category, you can check on the FTS website;
organizations leading financial activities;
legal entities operating in the field government controlled and ensuring military security;
organizations operating in the field of social insurance;
legal entities dealing with educational activities;
households;
extraterritorial organizations.

You can check whether it is necessary to submit Form 7-Injury to your organization using a special service on the Rosstat website.

Appendix 7 - injuries

Once every three years, organizations that are responsible for submitting Form 7-Injuries must also submit an Appendix to Form 7-Injuries (approved by Order of Rosstat dated 10.08.2018 N 493) to the TOGS.

This appendix reflects information on the distribution of the number of victims of accidents at work by the main types of accidents and causes of accidents.

Appendix to Form 7-Injury: Form

Form 7-injury: the nuances of filling

When filling out the form, as well as the attachment to it, the following points should be taken into account.

Information is reflected in the form in accordance with act N-1 (approved by the Resolution of the Ministry of Labor of Russia dated October 24, 2002 N 73), - 231 of the Labor Code of the Russian Federation, as well as by the Resolution of the Ministry of Labor of Russia dated October 24, 2002 No. 73.
Information on the costs of labor protection measures is taken from accounting data.
Lines 02 - 15 of the Appendix to Form 7-Injuries are filled out on the basis of the entry in clause 8.1 of act N-1, and lines 16-30 - on the basis of clause 9 of act N-1.
Each victim, accounted for in line 01, columns 3 and 4 of the Appendix to form 7-injuries, must be attributed to one of the types of accident (lines 02 to 15 of the Appendix) and to one of the causes of the accident (lines 16 to 30 of the Appendix).
If the organization has separate subdivisions, then Form 7-Injuries and the annex to it are filled out separately for each OP, as well as for the legal entity (excluding the "isolations").

After filling out the form and the application, it makes sense to check the correctness of their filling using the control ratios:

Control ratios for form 7-injury
Page 01 ≥ Page 02
Page 01 ≥ Page 03
Page 01 ≥ Page 04
Page 01 ≥ Page 05
Page 02 ≥ Page 06
Page 03 ≥ Page 07
Page 04 ≥ Page 08
If page 02 ≠ 0, then page 01 ≠ 0
If page 03 ≠ 0, then page 01 ≠ 0
If page 04 ≠ 0, then page 01 ≠ 0
If page 05 ≠ 0, then page 01 ≠ 0
If page 06 ≠ 0, then page 02 ≠ 0
If page 07 ≠ 0, then page 02 ≠ 0
If page 08 ≠ 0, then page 02 ≠ 0
Control ratios for application to form 7-injury
Page 01 column 3 = total page 02 - 15 column 3
Page 01 column 3 = sum of page 16 - 30 column 3
Page 01 column 4 = sum of page 02 - 15 column 4
Page 01 column 4 = sum of page 16 - 30 column 4
gr. 3 ≥ gr. 4 on all lines
Cross reference ratios
Page 01 group 4 forms 7-injuries = page 01 group 3 appendixes to form 7-injuries
Page 05 group 4 forms 7-injuries = page 01 group 4 appendices to form 7-injuries

Form 7-injury: sample

You can familiarize yourself with a sample of filling out the form 7-injuries in this material.

Appendix to Form 7 Injury: Sample

You will also find a sample of filling out the Appendix to Form 7-Injuries in our consultation.

Form 7-injury: due date

The deadline for submitting this form is January 25 of the year following the reporting year. Accordingly, Form 7-Injuries for 2018 must be submitted no later than 01/25/2019.

The application for Form 7-Injury is submitted at the same time as the form itself, but, as we said earlier, it is submitted once every three years. Moreover, according to the Instructions for completing this Appendix, it is submitted for 2007, 2010, etc., that is, it turns out that it is not necessary to submit an appendix to it along with Form 7-Injuries for 2018.

Please note that for violation of the submission deadline statistical reporting as well as for reflecting inaccurate information in it, the organization faces a fine (part 1 of article 13.19 of the Code of Administrative Offenses of the Russian Federation):

from 20,000 to 70,000 rubles - for the organization itself;
from 10,000 to 20,000 rubles - for its officials.

Form 7 Injuries: Methods of Presentation

You can present the form and its attachment in one of the following ways.