An accident to any employee can occur outside the work area. A broken arm or any other bruises or injuries can occur on the way to work. Under such circumstances, would such an injury be considered work-related? What kind of pay can a contingent employee expect? Read more about this.

Work injury on the way to work

To answer this question, you need to refer to Article 227 of the Labor Code of the Russian Federation. In accordance with its provisions, the law recognizes as an industrial injury received outside the place of formal work. The same applies to breaks, business trips, and performance of official assignments at other than workplaces established by the labor agreement.

As for the road to work, one important circumstance must be taken into account: the injury described must have been received while driving. This can be either personal transport that is used for business purposes, or a car that was previously provided by the employer himself. It turns out that an accident, or any other incident on the way to work, can be the cause of work-related injuries, which will then have to be fully compensated by the current employer. All other cases, including walking, are not taken into account.

Is an injury while commuting considered work-related?

If public transport or passenger transportation services are used for this, then even if serious injuries are sustained, the employer cannot be forced to compulsory compensation. If he wants to do this of his own free will, then there are no restrictions on this. But there can be no question of duty here. The government refused to recognize such an injury for the reason that previously, before the introduction of appropriate amendments, a large number of abuses of this situation had been recorded. It was enough to be injured before or after work, and the employer would be faced with a claim for compensation.

It was impossible to refute the fact of injury, even if the employee was not actually going to work. Therefore, starting from 2015, it was decided to make some changes to this disposition. Now, such damage is considered recognized if it occurred only while traveling in a personal/official vehicle. Such injury will be considered industrial.

Injury on the way to work not related to work

Some clarity needs to be brought here. Compensation is not due for every case, but only for those that are confirmed after a departmental investigation. In accordance with the specified article 227 of the Labor Code of the Russian Federation, production management must accept a statement from the injured employee and take the following actions:

• issue a decree on the creation of a departmental commission;
• instruct this commission to establish all factual circumstances;
• connection, if necessary, to law enforcement agencies;
• recording the results of the investigation in a departmental act;
• making a decision on the transfer of compensation.

Important: if an employee was walking to work and, for example, fell into an open sewer manhole, then such damage can be compensated at the independent will of the employer. To do this, it is enough to send an address application addressed to him. In most cases, serious injuries are still compensated, despite the absence of such an obligation on the part of the relevant legislation.

What payments are due to the victim?

If the journey to work is equated to the performance of official duties, then all injuries and any damage received during the journey will be considered work-related. Therefore, after establishing all the factual circumstances, the employee must be provided with two types of compensation:

• an amount that fully covers all formal costs in the rehabilitation process;
• compensation for moral damage.

The limit value can be set by the parties independently or by the court.

How is sick leave paid for an injury sustained on the way home from work? and got the best answer

Answer from Lohengrin[guru]
In accordance with Art. 229 of the Labor Code of the Russian Federation are investigated and subject to recording as industrial accidents: among others, an injury if it occurred during the working day on the territory of the organization, when traveling to or from work on transport provided by the employer, or on personal transport in the case use of the specified transport for production purposes by order of the employer or by agreement of the parties.
If an accident occurs to an employee not at work, but under other circumstances (for example, on the way to or from work), clarification of its circumstances can be carried out (at the proposal of the head of the organization in which the victim works) by the social insurance commission, a specially created commission consisting of representatives of the employer and employees, etc.
Based on the collected documents and materials, the commission establishes the circumstances and causes of the accident, determines whether the victim at the time of the accident was associated with the employer’s production activities and whether his presence at the scene of the incident was explained by the performance of his work duties, after which he qualifies the accident as an accident at work. production or as an accident not related to production. In the latter case, it is formalized by an act of any form.
An industrial accident is an event as a result of which a person is injured or otherwise damaged while performing his or her job duties. Such an event can occur both on the territory of the policyholder and outside it.
An accident within the framework of the Federal Law of July 24, 1998 N125-FZ “On compulsory social insurance against accidents at work and occupational diseases” is also recognized as an event that occurred while traveling to or from work on the employer’s transport.
If an employee is injured while driving to or from work on public or private transport, such an event is not considered insured. In such a situation, the period of temporary disability is paid to the employee according to general principles. According to Art. 8 of Federal Law No. 202-FZ of December 29, 2004, benefits for temporary disability due to illness or injury (on the way to or from work, domestic injury) are paid to the insured for the first two days of incapacity at the expense of the employer, from the third day of temporary incapacity - at the expense of the Federal Social Insurance Fund of the Russian Federation.

Answer from Love[guru]
Now, industrial, production-related, and domestic injuries are paid the same, like any sick leave.

Answer from Victor[guru]
Work injury, definitely..))

Answer from 3 answers[guru]

Hello! Here is a selection of topics with answers to your question: how is sick leave paid for an injury received on the way from work?

Question from Klerk.Ru reader Natalia (Stavropol)

The employee brought a sick note with code 02 “injury received while driving to the workplace at 07.45 in the morning while crossing the road.” Doctors diagnosed his mother with a work-related injury because she had many fractures. Is this legal from the point of view of the Labor Code?

This case does not fall under the definition of an industrial accident if the employee walked to work in the morning as usual, without special orders from the employer. In Part 3 of Art. 227 of the Labor Code of the Russian Federation lists several situations related to the movement of an employee, in which an accident is recognized as having occurred at work:

• when traveling to or from work on transport provided by the employer (his representative), or on personal transport (if it is used for production (official) purposes by order of the employer (his representative) or by agreement of the parties to the employment contract);
• when traveling to and from a business trip, during business trips on public or official transport;
• when following the order of the employer (his representative) to the place of work (assignment) and back (including on foot); when traveling on transport as a shift worker during inter-shift rest (shift driver on a vehicle, conductor or mechanic of the refrigerated section on a train, member of the mail car crew, etc.).

It should be noted that in order to correctly qualify an event that resulted in harm to the life or health of the victim, the employer must examine the following circumstances:

• whether the victim is one of the persons participating in the employer’s production activities (Part 2 of Article 227 of the Labor Code of the Russian Federation);
• whether the event that occurred is indicated in the list of events qualified as accidents (Part 3 of Article 227 of the Labor Code of the Russian Federation);
• Do the circumstances (time, place and others) accompanying the event correspond to the circumstances specified in Part 3 of Art. 227 Labor Code of the Russian Federation;
• whether an accident occurred at work with a person subject to compulsory social insurance against accidents at work and occupational diseases (Article 5 of Federal Law No. 125-FZ of July 24, 1998);
• whether there were circumstances in the presence of which accidents could be qualified as not related to production (an exhaustive list of such circumstances is contained in Part 6 of Article 229.2 of the Labor Code of the Russian Federation), and other circumstances (clause 9 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 10 2011 No. 2).

If a person walked to work and fell before entering and was injured, then most likely this will not be related to production. Such cases are the majority and the employer is not obliged to investigate them and take them into account. However an investigation may still be carried out if the case shows evidence of a work-related injury.

Any injury sustained by an employee while on the way to or from work, associated with complete or partial disability should be considered separately.

Accident while traveling to work related to production

Primary qualification of the case as production-related determined in accordance with 125-FZ of July 24, 1998 (Article 3).

Injury on the way to work may be considered work-related, If:

1. The employee traveled to the place of work by official transport, or by personal transport, if so provided (by contract) with the employer;
2. The employee carried out the instructions of the employer;
3. The employee was on the territory owned by the enterprise;
4. The incident occurred during working hours.

The investigation of such cases is carried out on the basis of Art. 227-231 Labor Code of the Russian Federation and in accordance with Resolution 73 of January 24, 2002 The resolution defines the procedure for the investigation, and also provides all the main forms of documents, which must be completed or obtained during the investigation of the case.

The timing of the investigation and the exact list of documents will depend on the conclusion of the medical institution. Only specialists can give an opinion on the severity of the injury received by the employee.

A minor injury is investigated within 3 days, a severe injury within 15 days. Anyway, During the investigation, the following documents must be drawn up:

1. An order determining the composition of the commission to investigate the case;
2. Document on the inspection of the scene of the incident - protocol (form 7);
3. Map of the scene of the incident;
4. Protocol of interviewing the victim and eyewitnesses, if any (form 6);
5. Conclusion on the severity of the injury;
6. Information about weather conditions;
7. Results of a medical examination of the victim (presence of alcohol or drugs in his blood);
8. The final protocol of the meeting of the commission to investigate the case, which will indicate the main conclusions: recognition of the case as related or not related to production, preventive measures, etc.;
9. Mark in the register of registration and accounting of industrial accidents.

If an injury occurs on the way to work, an investigation can be conducted based on the statement of the victim (his representative) and the conclusion of a medical institution about the severity of the injury. In the application, the employee must indicate the reasons why he believes that the injury is work-related.

Investigation materials into cases related to production are sent to the authorities specified in Article 230 of the Labor Code of the Russian Federation.

Injury on the way to work not related to work

If, as a result of the investigation, the commission determines that this case is not related to the production, then an act is drawn up in a free form, and Act N-1 is not drawn up. Forms of documents for the investigation of such injuries are not provided for by Russian legislation., but can be determined by local documents of the employer himself.

In the absence of a statement from the injured employee, the employer, based on information received from the medical institution, can conduct its own investigation. But in any case, the following documents must be completed:

• explanatory statements from the injured employee and eyewitnesses about the incident;
• certificate of incapacity for work (sick leave);
• a free-form report on a traumatic incident not related to production.

Last modified: January 2020

We have to deal with such an interesting case as an industrial injury on the way to work, and determine the measures that will be applied in this situation. It is impossible to predict in advance all the dangers in life. Employees are injured on the job or outside of work. With regard to cases that occur at work, the law is clear in its interpretation of injury as an industrial injury. But more often, accidents leading to disability occur outside of work and working hours.

What is included in the concept of work injury?

The law establishes the employer's responsibility for the well-being of a person employed by the enterprise. The administration is obliged to ensure conditions for the safe performance by hired personnel of the duties assigned by the contract. Responsibility extends to compliance with safety regulations and to maintaining the health of the subordinate during the period of work.

If the law is clear regarding cases that occurred during working hours on company premises, then when receiving injuries outside of work there are some nuances, since the circumstances can be interpreted differently.

According to labor law, a work-related injury can occur during the performance of work duties during the hours specified by the contract as working hours. It is permissible to apply the same norm in relation to the employee’s route from his place of work to his home.

Fractures and any bodily injuries are not the entire list in which cases an injury is considered work-related. The following incidents are legally considered to be a work injury:

• electric shock or lightning;
• heatstroke;
• frostbite of the body;
• burns;
• bites;
• exposure to radiation;
• drowning;
• the impact of natural disasters and man-made disasters;
• accidents.

Any event that negatively affects an employee’s ability to work can be classified as an industrial incident. It is more important to identify the circumstances under which a person was injured.

Provisions of Art. 227 of the Labor Code of the Russian Federation explains the main subtleties of the application of the law in relation to industrial injuries, depending on the time of the incident and place. The Labor Code also regulates the payments that an injured employee can receive.

Accident on the way to work

An injury on the way to work is considered work-related if the employee was injured in the following situations:

1. If you were injured on the way to work or home, you used a company vehicle that belonged to or was registered by the company for its own needs.
2. A business traveler driving a company car was injured on the way to work.
3. During shift work, an employee was injured during working hours or during a shift change (applies to persons primarily employed on the railway).
4. An injury in the workplace during non-working hours or in the performance of official duties occurred while trying to prevent a disaster.

In order to correctly interpret cases, the enterprise must take care in advance about the proper registration of the period of work and shift changes if the activity involves shift work of personnel. These provisions are recorded in the internal regulations and normative acts of the enterprise, taking into account the specifics of the work.

Important Exceptions

In order to treat an event as an occupational injury, clear conditions must be met regarding the place, time, and transport used. For example, driving your own car for personal purposes will not be considered an accident at work, nor will an injury in public transport. But if the employee was traveling on behalf of management and his personal vehicle was used as a work vehicle at the time of the incident, the incident is registered as industrial.

The issue is resolved in a similar way when traveling on foot. If the movements are caused by production needs or a separate order from management is issued, the injury is recognized as received at work.

Sometimes an enterprise’s regulations specifically include norms that provide for the release of an employee from performing labor functions in production, since his health is damaged outside the work process. It is difficult to prove the applicability of Art. 227 and in cases of injury during lunch at the wrong time.

With the situation of returning home or going from home to the place of work, the issue is resolved more easily if it is proven that the choice of method of travel was influenced by the manager and there are documents confirming the registration of personal transport as official transport or the presence of instructions from the administration.

The employer is not released from liability for damage received at work, regardless of whether the employee wrote a statement absolving the company of liability. The law considers the case in a general manner, regardless of the additional papers that the employer forced you to write. Responsibility is determined in accordance with the Labor Code in accordance with Articles 8-9 of the Labor Code of the Russian Federation.

How to file an injury sustained on a business trip

The situation of registering an injury on the way to work for a business traveler requires special consideration. Features of receiving during a business trip include the need to identify the goals that the employee was pursuing at the time of the accident. It is important whether the person acted in the interests of the enterprise or went about his business. The conclusions drawn directly influence the further course of registration.

The list of mandatory actions of the employer includes the creation of a special commission to investigate the circumstances of the event during a business trip. It is the results summed up by the members of the commission that will allow the case to be classified as industrial or exclude such an interpretation.

The selection of the commission and the organization of its activities is carried out taking into account the provisions of Art. 229 Labor Code of the Russian Federation.

Sometimes the specifics of the work do not require an official business trip. For example, personal injury was sustained by a lawyer whose job responsibilities include signing contracts with local counterparties, acting on behalf of the employer. In such a situation, management initiates the creation of an investigation commission, including representatives of the counterparty in whose territory the event occurred.

Business trips to neighboring countries (for example, to Belarus, Armenia, Tajikistan, etc.) require recording of the event in the form of an act initiated by the party that invited the employee of the Russian company. The drawn up report records the fact of damage.

The same applies if an invited specialist from other neighboring countries is injured on the territory and during his stay on a business trip with the Russian side. The company draws up the same act indicating the circumstances of the event.

The presence of an attachment to a new temporary place of work from the receiving party entails not only the drawing up of an act, but also the acceptance of full responsibility to the injured employee. In the event of an injury, the receiving company:

• Conducts an investigation and draws up a report to determine whether the incident was a work-related injury.
• Sends a notification to the insurer with whom the contract is concluded with the employing company.
• If there are serious consequences, including fatalities or group injuries, the receiving party sends special notice to the original employer in Russia.

How are payments made for a work-related injury while commuting to work?

Since an injury on the way to work results in disability, it is especially important for the employee to determine the amount of benefits that will be allocated as part of a work accident.

Management's area of ​​responsibility includes processing compensation according to an open certificate of incapacity for work. The funds transferred to the victim are compensated from the insurance fund, which receives regular income from the organization. In other words, for an injury sustained on the way to work, the Social Insurance Fund will be calculated from the amount of accumulated employer contributions.

The law requires full coverage of sick leave for the entire period of forced disability.

In addition to one-time compensation, the employee has the right to seek compensation through the court for material and moral damage associated with the injury.

When planning to resolve the issue of financing during a period of incapacity for work due to a work-related injury, a person must take into account that payments through the Social Insurance Fund are received only in cases of significant injuries and serious health problems. Minor injuries that do not affect the ability to work are not subject to compensation from the fund, and the company decides on financing at its own discretion.

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