M.A. Kokurina, lawyer

A work-related injury has surfaced: what to do?

How to file an industrial accident that was not immediately known about

It happens that an employee, having been injured at work, is already recovering, and you in the accounting department find out that the injury was work-related only from sick leave with the unpleasant code “04” Order of the Ministry of Health and Social Development dated April 26, 2011 No. 347n.

Your task is to quickly orient management on how to act in such a situation and to which authorities to report the incident. After all, how to pay sick leave to the injured person and reimburse benefits from the Social Insurance Fund depends on the correct registration of an accident at work.

In addition, compliance with the rules for reporting industrial emergencies will help the company and its manager avoid fines for failure to submit information required by law to the necessary government agencies. Art. 19.7 Code of Administrative Offenses of the Russian Federation.

STEP 1. Establish the “productivity” of the accident

First, check with the victim what, where and when happened to him, that is, make sure that the accident really occurred at work. Let's say an employee was walking home from work and sprained his leg. And at the hospital he said out of ignorance that it was a work injury. But is it?

An injury will be considered work-related if it meets the following criteria and Art. 227 Labor Code of the Russian Federation.

WHO got hurt?

Injured:

• your employee;
• another man, involved in production activities companies - student, intern, intern;
• Human, working for you under a civil contract, which states that you pay insurance premiums for it “for injuries” to the Social Insurance Fund clause 1 art. 5 of Law No. 125-FZ of July 24, 1998 (hereinafter referred to as Law No. 125-FZ).

WHERE did you get hurt?

The events that led to the injury occurred on your territory or at another place where work is performed, on the road, in particular when following:

• to/from work on the organization’s transport or on the employee’s personal transport, if it is used for production purposes by order of the manager or by agreement with the employee;
• to the place of business trip and back;
• on a business trip on public/office transport;
• to the place where a specific task is performed by order of the employer and back, including on foot.

WHEN did you get hurt?

When performing job duties or performing written or oral instructions from the manager that go beyond the scope of work functions Art. 227 Labor Code of the Russian Federation, performing other actions in the interests of your company:

• during working hours, including during established breaks, putting production tools and clothing in order, when performing overtime work or working on weekends and non-working holidays;
• during rest periods between shifts when traveling on transport as a shift worker (for example, a shift driver) or when working on a rotational basis, as well as when being on an aircraft, sea or river vessel during free time from the watch and ship work.

STEP 2. File a work injury

So, you already understand that in the example of the dislocation on the way home, the injury is not work-related. In such a case it is enough:

• draw up an act of acceptance of sick leave from an employee with an incorrect code for the reason for temporary disability. The employee must sign this document;
• ask him to write an explanatory note about what happened to him and that he gave the doctor an incorrect description of the injury.

Attention

You must notify the FSS of any accident at work. Art. 228.1 Labor Code of the Russian Federation. And the need to notify other authorities arises depending on various circumstances.

But if you find out that your employee injured his leg, say, in an accident during a work trip in a personal car, then this is already an accident at work. And we must act like this Articles 229.1, 228.1 of the Labor Code of the Russian Federation.

STEP 1. Record the date when you became aware of the work-related nature of the injury. Ask the employee, on the same day that he gave you sick leave, to write a statement requesting an investigation into an accident at work, as a result of which he was injured Art. 229.1 Labor Code of the Russian Federation, and payment of temporary disability benefits due to an industrial injury.

STEP 2. Direct addressed to the manager medical institutions, where the victim was treated, a letter of issue to you conclusions in form No. 315/у about the severity of injuries para. 1 Appendix No. 3 to Order of the Ministry of Health and Social Development dated April 15, 2005 No. 275.

STEP 3. Within 24 hours from the date of receipt of the application from the employee report the accident to the FSS in production using special forms Appendix 1 to the Order of the Social Insurance Fund dated August 24, 2000 No. 157; Art. 228.1 Labor Code of the Russian Federation; subp. 6 paragraph 2 art. 17 of Law No. 125-FZ; clause 5 of the Regulations, approved. Resolution of the Ministry of Labor dated October 24, 2002 No. 73 (hereinafter referred to as Resolution of the Ministry of Labor No. 73).

STEP 4. If It is clear from the medical report that severe injury That:

• make up in any form act on receipt of the conclusion in form 315/у. Let the victim himself, if he brought you the conclusion, or the medical worker who issued it, sign the act;
• send within 24 hours from the date of receipt from the employee of a conclusion recognizing the injury as severe notification of a serious accident in form 1 ; Art. 228.1 Labor Code of the Russian Federation:

To the labor inspectorate at your location;

To your FSS branch;

To the prosecutor's office at the scene of the incident;

To the administration of a constituent entity of the Russian Federation and (or) the administration of a local government body at the place of state registration of the company;

To the government agency that controls the field of activity in which your company operates (for example, if you are a construction company, then to Rostechnadzor, if you sell medicines, then to Roszdravtekhnadzor);

To the territorial association of trade unions.

You can attach copies of the medical report in Form 315/y and your receipt of it to the notice so that you can see when and under what circumstances you learned about the accident and the severity of the injury.

STEP 3. Document the results of the work injury investigation.

Do your research accident within a month from the date of receipt of sick leave from the employee. To do this, do the following Articles 229, 229.1, 229.2 of the Labor Code of the Russian Federation.

STEP 1. Issue an order to create a commission of inquiry accident involving at least three people:

• <если> minor injury then the commission can include, for example, the head of the department in which the emergency occurred, an employee responsible for labor safety, a representative of the trade union (if your organization has one). The head of the commission may be the head of your company;
• <если> severe injury then the commission should include, in addition to your employees, a labor inspector, representatives of the Social Insurance Fund and authorities - regional or local. In this case, the commission will be headed by a representative of Ros-tru-d Art. 229 Labor Code of the Russian Federation.

Depending on what, when and where happened, during the investigation the commission can interview the victim, eyewitnesses (if their data is available), request information about the incident, for example, from the traffic police, inspect the scene of the incident and draw up an inspection report in Form 7 Appendix 1 to the Resolution of the Ministry of Labor No. 73; Art. 229.2 Labor Code of the Russian Federation.

STEP 2. Based on the results of the investigation and based on its materials, draw up a report on an industrial accident in form N-1 in triplicate x approved Resolution of the Ministry of Labor No. 73.

STEP 3. Give one copy of the act to the victim, keep the second one for yourself, third - with a copy of the investigation materials attached send to FSS within 3 days from the date of its completion Art. 230 Labor Code of the Russian Federation.

STEP 4. Pay sick leave for a work injury

Let us remind you that temporary disability benefits due to a work injury must be paid in the amount of 100% of average earnings, regardless of the work experience of the injured person. Art. 9 of Law No. 125-FZ, but not more than four times the maximum monthly insurance payment clause 2 art. 9, paragraph 12 art. 12 of Law No. 125-FZ.

Such sick leave must be paid from social insurance funds from the 1st day of incapacity for work.

WE TELL THE MANAGER

Payment for the injury of a drunken employee- this is, as a rule, a dispute with the FSS. Therefore, it is better to immediately send a drunk employee home.

But since on the day you received sick leave from the employee, you do not yet have the materials of your investigation and evidence of the work-related nature of the injury, you cannot immediately attribute the benefit to settlements with the Social Insurance Fund for “accident” insurance. Therefore, during the period of payment of this benefit, it can be attributed to settlements with the Social Insurance Fund for social insurance as for a domestic injury (3 days - at your own expense, from the 4th day - from the Social Insurance Fund). Make the following wiring:

In the calculation of 4 FSS, show the benefit in Section I in the general manner.

When your commission draws up a report stating that the accident is industrial:

• make the wiring:

• submit the updated FSS Form-4 to the FSS, wherein:

Remove from section I (line 15 of table 1 and line 1 of table 2) the amount of benefits paid from the 4th day of sick leave from the Social Insurance Fund;

Include in Section II (line 11 of table 7 and line 1 of table 8) the amount of all disability benefits due to an industrial accident.

If your company does not investigate an accident that is truly a work-related accident, the victim or his relatives may contact the labor inspectorate with a claim of a work-related injury. Moreover, they can do this at any time. And the labor inspectorate may issue you an order to conduct an investigation. After all, there is no statute of limitations for investigating industrial accidents. Part 1 Art. 229.3 Labor Code of the Russian Federation; clause 25 of the Regulations, approved. Resolution of the Ministry of Labor No. 73.

In addition, labor inspectors can fine the company and its director for concealing an insured event. Art. 15.34 Code of Administrative Offenses of the Russian Federation; Resolution 11 of the AAS dated December 6, 2011 No. A49-5633/2011, if they discover that the accident report and the materials of its investigation were not sent to the necessary authorities or were sent there untimely. This was confirmed to us by the FSS itself.

FROM AUTHENTIC SOURCES

ZARUBIN Vasily Alexandrovich

Deputy Head of the Department of Professional Risk Insurance of the Federal Insurance Service of the Russian Federation

“If the policyholder (organization) for compulsory social insurance against industrial accidents and occupational diseases does not inform the insurer about the occurrence of an insured event, does not conduct an investigation of the industrial accident in the manner established by the Labor Code of the Russian Federation and other regulatory legal acts, or does not provide the insurer with the results of such an investigation, he may be brought to administrative liability under Art. 15.34 Code of Administrative Offenses of the Russian Federation.

However, in Art. 23.12 of the Code of Administrative Offenses of the Russian Federation (where the state labor inspectorate is given the authority to consider cases of a number of administrative offenses) this article is not specified. At the same time, a reference is made to Art. 5.44, which has become invalid since January 2010. Due to the fact that Art. 15.34 of the Code of Administrative Offenses of the Russian Federation actually duplicated the provisions of Art. 5.44, it seems that it is the state labor inspectorate that can fine for concealing an insured event.”

It is possible that in such cases, even if the labor inspector does not apply liability under Art. 15.34 of the Code of Administrative Offenses of the Russian Federation, it can fine you for violating labor legislation and labor protection under Art. 5.27 Code of Administrative Offenses of the Russian Federation.

After all, if you fail to report, for example, an industrial accident to the Social Insurance Fund, or refuse to conduct an investigation into it, you are violating, first of all, labor laws Art. 5.27 Code of Administrative Offenses of the Russian Federation; Art. 228 Labor Code of the Russian Federation; subp. 6 paragraph 2 art. 17 of the Law of July 24, 1998 No. 125-FZ.

Booth

Hello, I think you will have to prove in court that the injury was an industrial injury, since this person will no longer be able to work in this company. The employer will not be able to negatively influence your situation, enlist the support of witnesses and also if there is other evidence that the injury was received at the workplace.

you are entitled to if the injury is considered work-related

temporary disability benefits, one-time and monthly payments, reimbursement of additional expenses for medical and social professional rehabilitation (Article 8 of Law No. 125-FZ), and since the employer will definitely not make concessions and will not pay any more, it is advisable to resolve the case in court, and also involve other authorities, the prosecutor’s office, as well as the labor inspectorate regarding possible violations by the employer of safety regulations at work

Article 9. Amount of benefit for temporary disability in connection with an accident at work or occupational disease

1. Temporary disability benefits due to an industrial accident or occupational disease are paid for the entire period of temporary disability of the insured until his recovery or permanent loss of professional ability is established in the amount of 100 percent of his average earnings, calculated in accordance with the Federal Law of December 29, 2006 No. 255-FZ “On compulsory social insurance in case of temporary disability.”

Was the lawyer's response helpful? + 0 - 0

Collapse

According to Art. 5 of the Federal Law of July 24, 1998 N 125-FZ "On compulsory social insurance against accidents at work and occupational diseases" (hereinafter referred to as Law N 125-FZ) individuals performing work on the basis of an employment agreement (contract) concluded with the insured (employer) are subject to compulsory social insurance against accidents at work and occupational diseases.

Note. Employees working on the basis of civil contracts can also be insured persons. But provided that these agreements provide for the employer’s obligation to pay the appropriate insurance premiums (Clause 1, Article 5 of Law No. 125-FZ).

The definition of an industrial accident is given in Art. 3 of Law N 125-FZ is an event as a result of which the insured person received injury or other damage to health during the performance of his duties under an employment agreement (contract) and in other cases established by Law N 125-FZ. Moreover, this event entails temporary or permanent loss of professional ability to work with the need to transfer the insured person to another job or the death of the insured person. An accident can occur both on the territory of the insured and outside it, or while traveling to or returning from the place of work using transport provided by the insured.

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

Similar norms are contained in the Labor Code. In accordance with Art. 227 of the Labor Code of the Russian Federation, an industrial accident can be recognized as any incident that happens to an employee during working hours (including during established breaks, as well as when performing work on non-working holidays and weekends) on the territory of the organization. As well as incidents that occurred with an employee outside the territory of the organization during a business trip, on the way to the place of work (from work), if employees are transported by the organization’s official transport or they use personal transport in accordance with employment contracts, or by order of the employer and in other situations listed in specified article of the Labor Code.

In other situations, an injury received by an employee during working hours outside the organization’s territory is not a consequence of an industrial accident. An injury sustained by an employee on the territory of the organization during non-working hours may be recognized as an industrial accident if it is established that the employee at that moment was fulfilling his duties in accordance with the employment contract.

Therefore, an injury received by an employee can be considered work-related according to two main criteria. Firstly, if it was received at the workplace, place of business trip and route to (from) work in a company vehicle (or personal car in specified cases). And secondly, when performing official duties in accordance with the employment contract and orders of the employer.

If an employee is injured...

Let's consider how to correctly classify injuries received by workers in specific situations, taking into account the above-mentioned signs.

...on the road on the way to or from work

The employee was traveling to (from work) in the transport of the employer (his representative) and was injured. Such an injury is considered an industrial injury. In addition, an injury sustained while driving a personal vehicle is considered work-related if:

If the employee used a personal car by order of the employer or the use of the employee’s car for business purposes was stipulated in the employment contract, since the work of such an employee involves constant official travel in accordance with his job description;

A corresponding order has been issued by the head of the organization;

The accounting department has a certified copy of the vehicle's technical passport;

When driving by power of attorney, there is a copy of the power of attorney;

The organization keeps records of an employee's official travel in a personal vehicle, including on the basis of waybills.

If an employee was injured while traveling on public transport, in a personal car (without agreement with the employer) or walking, then this injury on the basis of Art. 227 of the Labor Code of the Russian Federation is household.

Example 1. A.V. Petrova, an accountant at Lednik LLC, according to her employer’s instructions, at the end of the working day she went to the tax office to submit the organization’s reports. Then, without stopping by the office, she headed home and was injured when she slipped at a stop while getting off the bus.

In the situation considered, the accountant fulfilled the employer’s instructions to submit reports. Therefore, the injury she received on the way home when leaving public transport is not recognized as industrial (Article 227 of the Labor Code of the Russian Federation).

...during a business trip to the place of work

An injury sustained by an employee during a business trip on public transport or while traveling (by transport or on foot) to the place of work on the instructions of the employer is considered industrial. Basis - art. 227 of the Labor Code of the Russian Federation and clause 3 of the Regulations on the peculiarities of the investigation of industrial accidents in certain industries and organizations (hereinafter referred to as Regulation No. 1).

An accident can occur during a business trip for any employee, including those whose permanent work is on the road or has a traveling nature. Such employees are, for example, couriers or drivers. The location of their work is difficult to determine without appropriate documentation. Therefore, the traveling nature of the work is confirmed by the following documents:

An employment contract containing a mandatory condition regarding the traveling nature of the work (Article 57 of the Labor Code of the Russian Federation);

Job description of the employee (Letter of Rostrud dated October 31, 2007 N 4412-6);

A journal for recording official travel, or traveling (route) sheets with notes on the employee’s movements, or reports on official travel. The form of these documents is approved as one of the annexes to the accounting policies (clauses 1 and 2 of Article 9 of the Federal Law of November 21, 1996 N 129-FZ and clause 4 of PBU 1/2008).

Example 2. The driver of Lesnoe Khozyaystvo LLC in a company car during working hours, while delivering accounting reports to the tax office, got into an accident and broke his arm (the culprit of the accident was another person).

The traveling nature of the driver’s work is specified as a mandatory condition in his employment contract. Notes about the address of the tax inspectorate, official assignment and time spent there are made in the logbook of official trips of this organization. The incident in question with the driver is recognized as an industrial accident (Article 227 of the Labor Code of the Russian Federation), and the injury he received is considered industrial.

...during lunch or smoking breaks

An injury sustained by an employee during breaks for rest and food established during the working day (shift) may be recognized as an industrial accident if there are appropriate grounds. Such breaks include, in particular, lunch breaks and smoking breaks. Basis - art. Art. 107, 108 and 227 of the Labor Code of the Russian Federation.

The time for provision and the specific duration of the break for rest and food are established by the internal labor regulations or by agreement between the employee and the employer (Article 108 of the Labor Code of the Russian Federation).

Example 3. During the established lunch break, an employee of Tenderness LLC had lunch at the Romashka cafe, located on the same street as this organization. A roofing element fell on a worker leaving a cafe after lunch from the roof of a nearby building, resulting in a fractured forearm. Can this injury be considered a work injury?

In accordance with employment contracts with employees, Tenderness LLC, as an employer, is obliged to provide free one-time meals to employees during the lunch break in the form of business lunches. In order to implement this obligation, the employer guarantees a monthly transfer of a fixed amount of money to the employee’s bank plastic card based on the market value of one business lunch in the nearest (to the location of the company office) restaurant or cafe. In this case, funds are not transferred for the days the employee is on annual basic and additional leave, on educational leave, on maternity leave, on a business trip, on sick leave due to temporary disability or child care, as well as for days the employee is absent from work. workplace due to other circumstances. The internal labor regulations of Tenderness LLC set the lunch break time from 13.00 to 13.45.

Thus, an injury received by an employee during a lunch break can be classified as industrial on the basis of Art. Art. 108 and 227 of the Labor Code of the Russian Federation. If a similar accident occurred after an employee had lunch not in a cafe close to the office, but in a restaurant located at the opposite end (relative to the place of work) of the city, then the injury received would be considered domestic.

To properly qualify an injury sustained by an employee during a smoking break, it is necessary that:

The internal labor regulations established the time for such breaks. For example, the organization provides three smoking breaks of 5 minutes at 10.55, 14.55 and 16.55;

In accordance with fire safety requirements, special smoking areas were equipped in the office premises (marked with a special sign “Smoking area”) and are indicated in a separate organizational and administrative document of the organization, with which smoking employees are familiarized.

Example 4. A legal consultant for Professional LLC went out to smoke on a bench in a nearby public garden, which is not the territory of the organization. At this time, the bully tried to take away her mobile phone, as a result the employee suffered a dislocated arm. The organization's corporate policy has introduced a smoking ban in all areas of the office building. The internal labor regulations, which the employee is familiar with, do not provide time for smoking breaks. Thus, the injury suffered by the legal adviser is domestic. Basis - art. Art. 108, 212 and 227 of the Labor Code of the Russian Federation.

...caused by another person

According to Art. 227 of the Labor Code of the Russian Federation, an injury inflicted by another person may be classified as:

As bodily injuries (injuries) resulting in temporary or permanent loss of ability to work with the need to transfer the victims to another job, the death of the victims. In this case, the victims may be employees and other persons participating in the production activities of the employer and performing their labor duties or work on behalf of the employer (his representative), as well as carrying out other lawful actions determined by the labor relationship with the employer or performed in his interests;

Events that are beyond the employer's control and which he cannot directly influence (in particular, injuries caused during working hours by another person, for example as a result of a fight).

Consequently, such injuries can be recognized as both industrial and domestic.

Note! Injury caused by one worker to another

Situations when accidents occur at work with employees performing work duties are varied, therefore, when investigating them, it is necessary to analyze all the circumstances. So, if an employee’s health was harmed by another employee of a given employer, the employer may also be to blame for failing to fulfill its obligations to comply with labor protection and safety regulations.

The legislation does not establish the dependence of compensation for harm to an injured employee during the performance of work duties on whether the employer or a third party is to blame for the accident. Therefore, the temporary disability benefit to the victim, if another employee of the organization is to blame for the injury, is reimbursed by the insurer, that is, the Federal Social Insurance Fund of the Russian Federation (Article 3 of Law No. 125-FZ), just as if the employer was at fault.

...during a corporate holiday

An accident can also occur during a corporate holiday, but this will be considered a domestic injury (Article 227 of the Labor Code of the Russian Federation).

Example 5. At the celebration of the 10th anniversary of the creation of the company, during the launch of firecrackers, two employees suffered burns as a result of improper handling of pyrotechnics. In the case under consideration, the employees were injured outside of working hours and not while performing their job duties, therefore such injuries are not recognized as industrial injuries (Article 227 of the Labor Code of the Russian Federation).

These incidents do not apply to industrial accidents, even if the purpose of the holiday was to create a high corporate spirit, general support and mutual understanding, care and respect for employees.

In addition, based on clause 23 of Regulation No. 2, the following is not an industrial accident:

Death due to illness or suicide, confirmed by a health care institution and investigative authorities;

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

An accident that occurred while the victim was committing a crime.

Employer actions and documentation

The sequence of actions of the employer in the event of an accident at work is determined by Art. Art. 228 - 230 of the Labor Code of the Russian Federation and Regulation No. 1. If an accident occurs, the victim must be immediately given first aid and, if necessary, taken to the hospital (Article 228 of the Labor Code of the Russian Federation). Before the investigation of the accident begins, the situation as it was at the time of the incident should be preserved, if this does not threaten the life and health of other persons and does not lead to a disaster or accident. If this is not possible, record the current situation (draw up diagrams, take photographs or videotape, etc.). Establish the severity of the injury by contacting the medical institution where the victim was taken and obtaining registration form N 315/у.

Within 24 hours from the date of the incident, you must report the accident to the executive body of the insurer (territorial branch of the Federal Insurance Fund of the Russian Federation) at the place of registration of the insured (clause 6, clause 2, article 17 of Law No. 125-FZ and clause 5 of Regulation No. 1) in the form , which is given in Appendix No. 1 to Order of the Federal Insurance Service of the Russian Federation dated August 24, 2000 No. 157.

Please note: if a group accident, a serious accident or a fatal accident occurs, then, in addition to the authorities of the Federal Social Insurance Fund of the Russian Federation, the following must be notified within the same time frame:

State Labor Inspectorate;

The prosecutor's office at the scene of the accident;

The executive authority at the place of state registration of the organization;

Trade Union;

The executive authority that controls the sphere of sanitary and epidemiological welfare of the population - in case of acute poisoning;

Relatives of the victim - about a serious accident or a fatal accident.

The notification is sent in Form 1, approved by Resolution of the Ministry of Labor of Russia dated October 24, 2002 N 73 (hereinafter referred to as Resolution N 73).

In addition, the organization creates a commission consisting of at least three people to investigate the accident, which conducts a comprehensive study of all the circumstances of the incident within three (for minor injuries) or 15 days (for severe injuries or death).

Note. The deadlines are calculated in calendar days from the date of issuance of the manager’s order on the creation of the commission (Articles 229 and 229.1 of the Labor Code of the Russian Federation).

The commission must inspect the scene of the incident, recording the results of the inspection in writing (Form 7, approved by Resolution No. 73), interview eyewitnesses of the incident and, if possible, the victim (Form 6, approved by Resolution No. 73), and also make extracts from the registers of labor safety briefings and protocols checking the victims' knowledge of labor protection requirements. At the conclusion of the investigation, the commission draws up an act in form N-1 (form 2, approved by Resolution No. 73), which provides the circumstances and causes of the accident and indicates the persons who committed violations of labor protection requirements. The report is submitted to the territorial branch of the FSS of the Russian Federation within three days from the date of completion of the investigation. The commission also registers an industrial accident registered in the prescribed manner in the register of industrial accidents (Form 9, approved by Resolution No. 73).

Please note: when the state labor inspectorate receives information about a violation of the investigation procedure, the identification of a hidden accident, or the receipt of an appeal from the victim (his legal representative) about disagreement with the conclusions of the commission, the state labor inspector conducts an additional investigation, after which a conclusion is drawn up (form 5, approved Resolution No. 73).

After the victim has recovered and returned to work, it is necessary to report on Form 8, approved by Resolution No. 73, about the consequences of the industrial accident and the measures taken to the state labor inspectorate and to the territorial branch of the Federal Social Insurance Fund of the Russian Federation, if the incident was recognized as an insured event (clause 36 of the Regulations N 1).

Note! Statute of limitations and liability

The legislation does not provide for a statute of limitations for investigating an accident that occurred to an employee while performing his or her job duties. According to the application of the victim or his relatives to the state labor inspectorate about the employer’s concealment of the accident or its investigation with violations, the state labor inspector, regardless of the statute of limitations of the accident, conducts an additional investigation (clause 25 of Regulation No. 1).

Concealment by the employer of an insured event entails, in accordance with Art. 15.34 Code of Administrative Offenses of the Russian Federation imposition of an administrative fine:

For citizens in the amount of 300 to 500 rubles,

For officials in the amount of 500 to 1000 rubles,

For legal entities in the amount of 5,000 to 10,000 rubles.

Payments to injured workers

Let us remind you that the employee has the right to receive social benefits in the event of temporary disability (including injury) in any case. This is provided for in Art. 5 of Federal Law No. 255-FZ of December 29, 2006 (hereinafter referred to as Law No. 255-FZ). However, for domestic injuries that are not related to industrial accidents, the usual benefit is paid, without taking into account the additional guarantees established by Law N 125-FZ.

Thus, on the basis of Law N 125-FZ, in the event of harm to the life and health of an employee during the performance of his work duties, he is compensated for the harm caused (Article 220 of the Labor Code of the Russian Federation). The victim is paid lost earnings and rehabilitation expenses (Article 184 of the Labor Code of the Russian Federation).

The legislation provides for the following types of insurance coverage (Article 8 of Law No. 125-FZ):

Temporary disability benefits due to an industrial accident;

One-time insurance payment;

Monthly insurance payment;

Payment of additional expenses related to the medical, social and professional rehabilitation of the insured (including payment for vacation in addition to the annual basic one for the entire period of treatment and travel to the place of treatment and back).

In addition to mandatory payments, the company has the right to provide other compensation or payments in a larger volume. Such guarantees may be enshrined in an industry tariff agreement. If the organization has signed this agreement, then it is obliged to pay increased security to employees.

Note. Additional compensation and payments can be provided for in a collective agreement if the organization has a practice of concluding one.

The listed payments are made at the expense of the Federal Social Insurance Fund of the Russian Federation. In this case, some types of security are paid directly by the fund, while others are paid by the policyholder (they are subsequently counted towards the payment of insurance premiums to the Social Insurance Fund of the Russian Federation).

The temporary disability benefit is paid in the amount of 100% of the average earnings (regardless of the insurance period of the insured person), calculated for the last 12 calendar months for the given insurer, preceding the month of the onset of temporary disability. Basis - art. Art. 8 and 9 of Law No. 125-FZ, as well as paragraph 1 of Art. 14 of Law No. 255-FZ. The benefit for the entire period of illness until complete recovery or permanent loss of professional ability is paid by the employer. The amounts paid are fully counted towards the payment of insurance contributions for compulsory social insurance against industrial accidents and occupational diseases. Thus, the first two days of incapacity, as well as the subsequent ones, are paid at the expense of the Social Insurance Fund of the Russian Federation.

The average earnings for calculating benefits are determined in accordance with the legislation of the Russian Federation on temporary disability benefits (Article 9 of Law No. 125-FZ), that is, according to Art. 14 of Law N 255-FZ (to the extent that does not contradict Law N 125-FZ) and the Regulations on the specifics of the procedure for calculating benefits for temporary disability, pregnancy and childbirth, monthly child care benefits for citizens subject to compulsory social insurance in case of temporary disability and in connection with maternity, approved by Decree of the Government of the Russian Federation of June 15, 2007 N 375 (hereinafter referred to as Regulation N 2).

Note. The provisions of Law N 255-FZ do not apply to relations related to the provision of citizens with benefits for temporary disability in connection with an industrial accident or occupational disease, with the exception of the provisions of Art. Art. 12, 13, 14 and 15 of this Law, applicable to these relations insofar as they do not contradict Law No. 125-FZ (clause 2 of Article 1 of Law 255-FZ).

Please note: restrictions on the amount of temporary disability benefits due to an industrial accident in paragraph 1 of Art. 7 of the Federal Law of November 28, 2009 N 292-FZ “On the budget of the Social Insurance Fund of the Russian Federation for 2010 and for the planning period of 2011 and 2012” (hereinafter referred to as Law N 292-FZ) is not established.

If the injured employee is a part-time worker, a temporary disability certificate is issued and paid for each place of work, since the right to this benefit does not depend on which employer the employee was injured with (Clause 1, Article 15 of Law N 125-FZ, Clause 2 of Art. 13 of Law No. 255-FZ, clause 19 of Regulation No. 2 and Letter of the Ministry of Health and Social Development of Russia dated April 24, 2007 No. 3311-LG). To pay for the second sick leave, the victim must submit documents proving the fact of damage to his health as a result of an accident at work or an occupational disease. At the same time, the employer whose employee was injured at work, when filing the investigation materials in the generally established manner, must prepare separate sets of necessary documents for other employers of the injured employee.

Having received a certificate of incapacity for work and other documents confirming the investigation of an industrial accident, another employer, within 10 calendar days, also assigns a benefit to the injured part-time employee based on 100% of average earnings. After this period, the benefit must be paid on the next day established for the payment of wages in the organization (Clause 1, Article 15 of Law No. 255-FZ).

One-time and monthly insurance payments are paid directly by the FSS of the Russian Federation. The amount of these insurance payments is determined in accordance with the degree of loss of professional ability to work based on the maximum amount established by Law N 292-FZ (Article 10 and paragraph 1 of Article 11 of Law N 125-FZ). In 2010, the maximum size of a one-time insurance payment is 64,400 rubles. (Clause 1, Article 7 of Law No. 292-FZ). In the event of the death of the insured person, the lump sum insurance payment is set at the maximum amount.

Note. The degree of loss of professional ability to work is determined by the establishment of a medical and social examination (clause 3 of Article 11 of Law No. 125-FZ).

The amount of the monthly insurance payment is determined as the share of the insured person’s average monthly earnings, calculated in accordance with the degree of loss of his professional ability to work (Clause 1, Article 12 of Law No. 125-FZ). Such payment is not subject to further recalculation, with the exception of cases of change in the degree of loss of professional ability, changes in the circle of persons entitled to receive insurance payments in the event of the death of the insured, as well as cases of indexation of the monthly insurance payment (Clause 9 of Article 12 of Law No. 125- Federal Law). In 2010, the maximum monthly insurance payment is RUB 49,520. (Clause 1, Article 7 of Law No. 292-FZ).

Note. Monthly insurance payments are made by the insurer no later than the expiration of the month for which they were accrued (Clause 7, Article 15 of Law No. 125-FZ).

The list of documents required to assign such insurance payments is determined in each specific case by the territorial branch of the FSS of the Russian Federation. Reason - clause 2.9 of the Temporary procedure for the appointment and implementation of insurance payments for compulsory social insurance against accidents at work and occupational diseases in the executive bodies of the Federal Social Insurance Fund of the Russian Federation, valid to the extent that does not contradict Law No. 125-FZ. Such documents may be:

Act on an industrial accident (court decision, if the fact of an industrial accident is established in court);

Medical report on the degree of loss of professional ability of the victim and his need for medical, social and professional rehabilitation;

Certificate of earnings (income) of the victim;

Certificate about the period of payment to the victim of temporary disability benefits in connection with an industrial accident;

Employment contract, etc.

Payment of additional expenses. Rehabilitation of the victim is carried out entirely at the expense of the Social Insurance Fund of the Russian Federation (the insurer). Additional costs associated with the medical, social and professional rehabilitation of the insured include costs (clause 3, clause 1 and clause 2, article 8 of Law No. 125-FZ):

For treatment of the insured immediately after an accident;

Purchase of medicines, medical products and personal care;

Providing technical and transport means if there are appropriate medical indications;

Vocational training (retraining), etc.

The procedure for paying these expenses is approved by Decree of the Government of the Russian Federation of May 15, 2006 N 286. Payment for vacation in excess of the annual paid for the entire period of treatment and travel to the place of treatment and back, as well as treatment of the insured directly after a serious accident at work, is paid by the employer, and then receives compensation from the FSS of the Russian Federation (clause 2 of article 8 and clause 7 of article 15 of Law No. 125-FZ). The remaining expenses are paid directly by the FSS of the Russian Federation (the insurer).

Compensation for moral damage. Compensation to an injured employee for moral damage caused in connection with an accident at work is carried out by the causer of harm (Clause 3 of Article 8 of Law No. 125-FZ), usually the employer. The amount of compensation is determined by the court (clause 2 of Article 1101 of the Civil Code of the Russian Federation). When determining the amount of compensation for harm, the requirements of reasonableness and fairness must be taken into account.

Taxation of benefits and payments

Income tax. As already noted, temporary disability benefits due to an industrial accident are paid by the employer at the expense of the Federal Social Insurance Fund of the Russian Federation. Such payments do not affect the size of the tax base for income tax. The amounts paid are fully counted towards the payment of insurance premiums for compulsory social insurance against accidents at work and occupational diseases, that is, even the first two days of incapacity for work are paid at the expense of the Social Insurance Fund of the Russian Federation (clause 1, clause 1, article 8 and clause 1, art. 15 of Law 125-FZ). One-time and monthly insurance payments are paid by the territorial branches of the Federal Insurance Service of the Russian Federation, therefore such payments also do not have any impact on the company’s expenses taken into account for profit tax purposes.

Payment for the injured employee's vacation (in addition to annual paid leave), as well as travel to the place of treatment and back, is made by the employer and is counted towards the payment of contributions to the insurer for compulsory social insurance against industrial accidents and occupational diseases, therefore these payments also do not affect the tax base.

Amounts paid by court decision to compensate for moral damage do not reduce taxable profit, since they do not meet the requirements of paragraph 1 of Art. 252 of the Tax Code of the Russian Federation.

An organization that has provided in labor and (or) collective agreements additional payments to an injured employee as a result of an industrial accident in compensation for damage to health, can take these expenses into account for profit tax purposes on the basis of clause 25 of Art. 255 of the Tax Code of the Russian Federation (Letter of the Ministry of Finance of Russia dated July 31, 2009 N 03-03-06/1/504).

Personal income tax. Temporary disability benefits paid to an employee in connection with an industrial accident are subject to personal income tax in the generally established manner (clause 1 of Article 217 of the Tax Code of the Russian Federation).

Compensation for moral damage to the injured employee (based on a court decision), as well as payment for medical and sanatorium-resort treatment are not subject to personal income tax.

Compensation payments for damage to health established by collective agreements and not provided for by the legislation of the Russian Federation are subject to personal income tax on a general basis.

Rules for calculating insurance premiums to state extra-budgetary funds

All types of compensation payments established by the legislation of the Russian Federation related to compensation for harm caused by injury or other damage to health are not subject to insurance contributions to state extra-budgetary funds. Basis - art. 184 Labor Code of the Russian Federation, art. 8 of Law No. 125-FZ and paragraph 1 of Art. 9 of Law No. 212-FZ. These include, in particular, temporary disability benefits due to an industrial accident, payment of vacation in excess of the annual one at the expense of the Federal Social Insurance Fund of the Russian Federation, as well as the cost of treatment after an industrial injury.

Compensation to an injured employee for moral damage caused in connection with an industrial accident, paid by a court decision in favor of the employee, is not a payment under employment or civil law contracts and is not subject to insurance premiums (clause 2 of article 1101 of the Civil Code of the Russian Federation and clauses 2 clause 1 article 9 of Law No. 212-FZ).

Example 6. With employee of LLC “Zdravitsa” A.K. Naryshkin suffered an accident at work. From March 15 to March 22, 2010 (8 days) A.K. Naryshkin was on sick leave. By decision of the court, the organization compensated the victim for moral damage in the amount of 11,000 rubles, as well as additional payments established by the collective agreement in compensation for damage to health - 7,000 rubles. Average daily earnings of A.K. Naryshkin, calculated for the last 12 calendar months, amounted to 1100 rubles.

Temporary disability benefits due to an industrial accident are not limited to a maximum amount and are accrued by the organization regardless of the employee’s length of service in the amount of 100% of average earnings - 8,800 rubles. (1100 RUR x 8 days).

For the purpose of calculating profit tax, an organization has the right to take into account in expenses the amount of additional payment provided for in the employment contract for harm to health - 7,000 rubles.

The amount for moral damage caused (11,000 rubles) is not subject to personal income tax; other payments are included in the personal income tax tax base in the generally established manner.

So, the amount of personal income tax calculated from the amount of benefits and additional payments amounted to 2054 rubles. [(8800 rub. + 7000 rub.) x 13%].

Insurance premiums are not charged for the amount of temporary disability benefits and the amount paid by court decision in compensation for moral damage. And the additional payment in the amount of 7,000 rubles, provided for in the employment contract, is subject to insurance contributions in the general manner - 1,400 rubles. (RUB 7,000 x 20%).

None of us, unfortunately, are immune from injuries, including injuries received during working hours. Moreover, work-related injuries received by employees not only while performing work duties or performing work on the instructions of the employer that occurred in the workplace, but also including breaks and time on the way to or from work are recorded and investigated.

First of all, if you get injured, you need to get the help of a doctor. Then you should call your immediate superior and ask witnesses to the incident to tell about what happened.

Only after the fact of injury has been recorded can you go to the hospital if everything is more complicated than an ordinary bruise.

Naturally, if the injury is serious and you have to forget about work for several months, by law the employer (or insurance company) is obliged to pay for treatment and subsequent rehabilitation.

To do this, the employer is obliged to submit the following documents to the department of the Social Insurance Fund (clause 4 of article 15 of Law No. 125-FZ):

• a copy of the report on the industrial accident;
• a certificate of the average monthly earnings of the insured for the period chosen by him to calculate monthly insurance payments;
• a certificate confirming the period of payment of temporary disability benefits due to an industrial accident;
• a copy of a civil contract providing for the payment of insurance premiums for injuries, or a work book (another document confirming the employment relationship of the victim and the employer).

The victim must provide:

• application for receiving insurance coverage in the form given in Appendix No. 1 to the Temporary Procedure for the appointment and implementation of insurance payments for compulsory social insurance against industrial accidents and occupational diseases in the executive bodies of the Social Insurance Fund of the Russian Federation - conclusion of a medical and social examination institution on degree of loss of professional ability to work;
• conclusion of a medical and social examination institution on the necessary types of social, medical and professional rehabilitation;
• rehabilitation program;
• documents confirming the costs of social, medical and professional rehabilitation of the victim.

Commission of Inquiry into Work Injury

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

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

The length of the investigation depends on the severity of the injury. In case of light damage, the commission gives an opinion within three days, and in case of severe damage, the work of the commission can last 15 days from the moment of the incident.

The employee has the right to receive social benefits in the event of temporary disability (including injury) in any case. This is provided for in Art. 5 of the Federal Law of December 29, 2006 N 255-FZ. At the expense of the Social Insurance Fund, temporary disability benefits are reimbursed in the amount of 100% of earnings (Articles 8, 9 of the Federal Law of July 24, 1998 No. 125-FZ “On compulsory social insurance against industrial accidents and occupational diseases”).5 1

Injury at work is a common occurrence in our lives. Some receive it due to their own negligence, others through the fault of their employer. In any case, both the employee and the employer must know what to do in this situation. This article offers step-by-step instructions for dealing with work-related injuries for both parties. Timely and correct actions will help to avoid conflicts, misunderstandings and possible litigation in the future.

Legal basis for issues of injury at work

Currently in the Russian Federation, issues of industrial injuries are regulated by the following legislative acts:

1. The Constitution of the Russian Federation, which guarantees every person the right to work in safe and hygienic conditions.
2. The Labor Code of the Russian Federation, which provides for the procedure for dealing with an industrial injury and its registration.
3. Resolution of the Ministry of Labor of Russia No. 73 of October 24, 2002, regulating the specifics of considering injuries at work and drawing up reports.
4. No. 225 of December 29, 2006, regulating the issues of compulsory insurance of citizens with temporary disability.
5. Order of the Ministry of Health of Russia No. 160 dated February 24, 2005, approving the list of injuries in which the injury is classified as severe.

What it is?

A work-related injury is an incident in which a worker suffers physical as well as mental harm. The consequence of this may be temporary or permanent disability, the need to move to another position, disability, and even death.

In order for a workplace injury to be recognized as a work-related injury, it is necessary to accurately determine the location where it occurred. To be considered a work-related injury, it must meet one or more of the following conditions:

• received on the employer’s premises while the employee was performing work functions;
• occurred during working hours, which also includes a lunch and rest break;
• received not on the employer’s premises, but during the performance of tasks and instructions of the employer;
• occurred on the way to work (on a business trip) or back on the employer’s transport or on a personal car, the use of which is reflected in the organization’s documents.

If an employee was injured while traveling to work on a personal vehicle and its use as a work vehicle is not recorded in any work documents, such an injury will be legally recognized as a domestic injury.

In this case, the employee’s actions must be lawful, and he must not be intoxicated, be it alcoholic, toxic or narcotic.

Types of work injuries

According to Article 227 of the Labor Code of the Russian Federation, cases of injuries at work include events as a result of which the injured worker (workers) received:

• bruises, cuts, fractures and other damage to any parts of the body, including damage caused to the employee by another person;
• burns;
• heat or sunstroke;
• drowning;
• frostbite;
• radiation, lightning or electric shock;
• bites and other bodily injuries caused by insects or animals;
• damage due to the destruction of structures, structures and buildings, explosions, accidents, natural disasters, earthquakes and other emergency circumstances.

This list is not exhaustive. Occupational injuries at work may also include other damage received as a result of exposure to external factors, due to which the employee experienced temporary or permanent disability or death.

An injury sustained at work will not be considered work-related if:

• the injury was sustained by the employee while committing actions (inaction) that are classified by law enforcement agencies as a crime;
• injury or death occurred due to drug, alcohol or other toxic intoxication or poisoning of an employee, if this injury is not associated with a technological process in which any industrial alcohol, narcotic, aromatic and other toxic substances are used;
• the death occurred due to a general disease;
• the death was due to suicide.

All of the above facts must be confirmed in accordance with the procedure established by law by a medical organization, bodies of inquiry and investigation, or a court. Like work-related injuries, any of the above incidents is investigated by a special commission.

Classification of industrial injuries

According to the degree of harm caused, industrial injuries are divided into 3 types:

1. Mild degree - damage that does not require medical attention and does not lead to serious disruptions in the functioning of the body (for example, scratches, abrasions, bruises, etc.). In this case, you can limit yourself to outpatient treatment.
2. Medium degree - damage that requires seeing a doctor and hospital treatment with the opening of sick leave for an injury at work for a period of ten to thirty days (for example, sprains, broken limbs, frostbite, burns, etc.).
3. Severe degree - injuries that lead to serious (sometimes even irreversible) disruptions in the functioning of the body and incapacity for work, up to and including disability, for more than thirty days (for example, traumatic brain injuries, serious fractures, heavy blood loss, mental disorders, severe burns, etc.). d.). In addition, a separate type of occupational injury is identified as an occupational disease, i.e. a disruption of the normal functioning of the body resulting from prolonged exposure to any harmful factors, as a result of which the employer is forced to suspend the employee from performing his job duties for a certain time or forever .

The employer's first actions

Step-by-step instructions for a work-related injury include the following steps:

1. Call a medic to treat the injured worker. If necessary, arrange for the employee to be transported to the nearest medical facility.
2. Take the necessary actions to prevent the development of an emergency situation.
3. Fence the scene of the incident in order to keep it intact. Exceptions are cases where inaction may lead to further development of the emergency situation.
4. Record the scene of the incident in a photo and videotape it (if necessary).
5. Notify the victim's next of kin about the incident, and also report it to the trade union and the insurance company. If there are several victims, the State Labor Inspectorate, the Prosecutor's Office, the Association of Trade Unions and the executive body of the constituent entity of the Russian Federation are added to this list.

Having completed the basic necessary steps, the employer needs to conduct an investigation into what happened. To do this, it is necessary to create a commission of three people. According to Art. 229 of the Labor Code of the Russian Federation, this commission must include a labor protection engineer or another person performing these duties; employer representative and employee representative (trade union representative).

Based on the results of the investigation, the commission must draw up a report in the prescribed form (form N-1), which reflects all the necessary information, namely:

1. The circumstances and reasons for what happened are being established.
2. A person who has committed a violation of safety and labor protection requirements is identified.
3. The degree of connection between the employee’s injury and his production activity is determined.
4. A recommendation is made to eliminate the causes and prevent the occurrence of new ones.
5. The accident that occurs is qualified (whether the resulting injury is work-related or not).
6. It is established what the degree of fault of the injured employee is in percentage terms, if it is established that the injury was caused by his negligence.
7. Case investigation materials are being prepared.

Time frame for investigating the incident

An investigation into an incident as a result of which slight harm was caused to the health of an employee (or employees) is carried out by a commission specially created for this purpose within three days, regardless of the number of victims. If the injury resulted in serious harm to health or death, the investigation period increases to fifteen days. If the employer was not notified in a timely manner about the work-related injury or the injured employee’s disability did not occur immediately, an investigation is carried out only upon the application of the injured person or his representative within one month. The deadlines may be extended by another fifteen days if additional inspections are required or appropriate medical or other findings are obtained.

If it is not possible to complete the investigation of the incident within any of the established deadlines due to the discovery of the inspection materials either in the expert organization, or in the investigative or inquiry bodies, or in court, the employer agrees with the specified bodies on the decision to extend

Injury at work. What should an employee do?

The main thing that every employee needs to know is that if they are injured at work, it is strictly forbidden to leave the employer’s territory. Otherwise, the injury may be considered domestic, and the employee may count this working day as absenteeism. Therefore, if an employee is injured at work, he needs to do the following:

How is a work injury covered?

Has an employee had an accident at work? Work injury compensation includes the following:

1. Payment for the period of temporary disability of an employee in the amount of 100% of his average earnings on sick leave.
2. One-time insurance payments.
3. Monthly insurance payments.
4. Compensation for medical and social expenses, as well as expenses for professional rehabilitation.
5. Compensation for moral damage. Often, an employee can only pay such compensation through the court.

In the case where the injury leads to death, the relatives of the deceased employee are entitled to payment of benefits for the loss of a breadwinner.

Payment for sick leave in case of injury at work, insurance and compensation payments are made by the Social Insurance Fund (abbreviated as SIF), the rest - by the employer. In addition, an employment contract, collective agreement or other local acts of the organization may provide for additional compensation payments to the injured employee.

If an employee’s negligence contributed to an injury at work, payments are reduced in direct proportion to the established fault.

If an employee’s injury is determined not to be work-related, he will only be paid sick leave.

The procedure for completing documents in case of a work injury

To receive all required payments, the employee must collect a list of documents, which includes:

• application for receipt of payments;
• act on the investigation of an accident that occurred with an employee;
• expert opinion;
• a copy of the employment contract;
• a copy of the work book;
• certificate of income for the period specified by the insurance company;
• sick leave for an injury at work;
• certificate of disability (if necessary).

In case of death, a death certificate must be provided; medical report on its causes; documents confirming funeral expenses; a certificate of wages of the deceased employee and a certificate of the presence of dependents.

Actions and liability of the employer in case of industrial injury

A situation often arises when, as a result of an injury, an employee must be given a different position or work conditions due to medical reasons. If the employee refuses the transfer, the Labor Code provides for two options for the employer:

• If an employee needs to be transferred to another position for a period of no more than four months, the employer is obliged to remove him from the performance of labor functions, while maintaining his place of work. As a general rule, wages are not calculated in this case, but other conditions may be established by local acts of the organization.
• If an employee needs to be transferred to another position for a period of more than four months or on a permanent basis, the employer has the right to dismiss him in accordance with clause 8 of Art. 77 due to refusal to transfer to another position suitable for medical reasons or due to the employer’s lack of one. If an accident occurs in an organization, but the employer complies with all labor safety measures, then he will not bear liability not covered by standard payments. But if he concealed a work-related injury or did not comply with labor safety conditions, he will be held liable.

The most common violations among employers when identifying the fact that an employee has received a work injury are:

• concealment of information that one or more employees in the organization received work-related injuries;
• conducting an investigation into a workplace injury incident inappropriately;
• attempts to recognize the injury not as an industrial injury, but as a domestic one;
• underestimation of the amount of compensation due to the employee;
• refusal to pay due compensation.

According to the Code of Administrative Offenses of the Russian Federation, the fine for one violation can reach one hundred and fifty thousand rubles. In case of several violations, the amount will accordingly increase in direct proportion. According to the Criminal Code of the Russian Federation, violation of the necessary labor protection requirements threatens the employer with a fine, the maximum amount of which is four hundred thousand rubles, and other sanctions may also be applied to it. If the employee dies as a result of the injury, the employer faces imprisonment for up to four years.

No one is insured against injury at work. Therefore, the employee should remember that protecting his interests is his responsibility. Employers for the most part are not interested in either investigating accidents or paying various types of compensation for them. Therefore, everything related to a work injury must be documented. In addition, it is imperative to attract witnesses. Employers need to remember that instructing workers on safety precautions is an integral part of the labor process. Careful monitoring of its completion by all employees will significantly reduce the incidence of injuries in the workplace, and will also protect the employer from paying fines.