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

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

But what to do if a work injury does occur? What actions must be taken to ensure that the employer pays all compensation due to the employee?

Let's look at these questions in more detail.

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

An industrial injury is an injury that was sustained during working hours while performing one's duties at work.

In the legislation of the Russian Federation, there are laws that provide for the procedure for registering an injury, 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:

1. Article 184 of the Labor Code of the Russian Federation, which clearly regulates the procedure for issuing monetary compensation by an employer to an employee who has received a work injury;
2. Federal Law No. 125, in particular Article 5, obliges every employee to take out social insurance in the event of a work-related injury;
3. Article 255 of the Federal Law establishes the amount of monetary compensation for an industrial injury;
4. Article 1101 of the Civil Code of the Russian Federation, which provides for the possibility of paying moral damages to an employee.

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

Classification of injuries at work by severity

Injuries sustained at work classified:

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Registration procedure

In the event that an employee is injured while at work, first of all necessary:

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

After the incident, it is necessary to notify the Social Insurance Fund within the first 3 days. This organization must create its own independent commission, which must determine the causes of injury at work.

It is worth noting that this the fund may recognize the injury, How:

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

Therefore, you must be prepared for the fact that you will have to look for witnesses who are able to confirm the fact of injury directly while performing their duties.

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

• in the process of moving to work;
• when the employee is on a business trip;
• when moving around the production site.

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:

• accident report;
• a certificate indicating the employee’s average salary for the year;
• a certificate indicating the period for calculating benefits for an industrial injury;
• a copy of the agreement, which confirms the transfer of contributions in the event of a work injury ().

Besides the employee must provide:

• medical report with a detailed description of the injury;
• application for financial benefits;
• a document confirming the need for a rehabilitation course;
• act on the occurrence of an occupational disease.

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

Employer's procedure

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

After this, he must interview witnesses to the incident about what happened and record the fact of a work-related injury.

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

Besides the employer is obliged:

• demand a protocol with all established data about the incident;
• register the incident in accordance with current legislation;
• begin an internal investigation.

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

Amounts and procedure for payment of compensation payments

If an employee is injured at work, he 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 needed for recovery.

As for compensation for damages due to loss of basic income, this figure differs for each employee. It is 100% of the size.

For additional compensation, the amount depends on the certificates and receipts provided by the employee, which indicate the costs of purchasing medications, travel, rehabilitation courses, and so on. He is entitled to full payment of these expenses. In this case, 25% of the amount is paid by the employer, the remaining 75% by the Social Insurance Fund.

Consequences for the employer

Depending on whose fault the work injury occurred, the liability of employers is determined. Let's take a closer look.

Due to the employer's fault

In the event that an industrial injury occurs due to the fault of the employer, he faces 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 an employee, officials (shift supervisor, shop manager, and so on) may well count on opening criminal proceedings.

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

Due to the employee's fault

Even despite the fact that the work injury was caused by the employee, the employer is subject to a number of checks that should confirm this fact. Moreover, according to statistics, the employer will still bear administrative liability and pay a fine of up to 200 thousand rubles.

It is worth noting that all compensation to the employee is not suspended; the employer is obliged to pay all benefits provided by law.

Concealing the fact of an accident

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

However, if it becomes known that a work-related injury has been concealed, the employer faces a fine of up to 500 thousand rubles or suspension of the enterprise for up to 3 months.

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

For information about work-related injuries and the procedure for paying them, watch the following video tutorial:

An industrial injury is a very unpleasant phenomenon for both the injured worker and the employer. However, this does not happen very rarely, and at work a person is not insured against receiving various physical injuries, even with the most careful observance of labor safety rules at the enterprise. An injury is called work-related if it occurs during:

• the employee performs labor functions at the workplace and during working hours;
• traveling to and from work using transport provided by the employer, or using personal transport with the consent of the employer;
• break for rest and food;
• , including during the journey;
• carrying out instructions from the employer outside of the workplace;
• during the rest period between shifts.

Please note that in some cases, an injury sustained during working hours is also classified as a non-work related accident. For example, injuries the sole cause of which was either the death of an employee due to a general illness or suicide.

What should the management of the organization do?

First of all, the injured worker must be given first aid, or, depending on the severity of the injury, call an ambulance. When delivering the victim to a medical organization, wait for him to be examined and obtain a medical report on the nature and severity of the work-related injuries received.

You will also have to take the necessary actions to eliminate the factors whose impact injures people.

Maintain the situation at the scene until the accident investigation begins. If this is not possible or could result in an accident or injury to others, record the situation by drawing a diagram, taking photos or filming. Identify witnesses to the accident - their testimony will play an important role in establishing the causes of the incident.

Then comes the paperwork for a work injury. An order is issued to create a commission to investigate the accident and the investigation begins directly.

Sample order for investigation

After completing the investigation, a report on the industrial accident is drawn up, which sets out in detail the circumstances and causes of the accident, and indicates the persons who committed the violations.

Sample accident report

What does an employer face in the event of a work injury?

The consequences for the employer depend on the severity of the employee’s injuries and the establishment of the causes of the incident.

In case of a group or serious accident (including a fatal accident), the investigation commission includes, in addition to the organization’s employees, representatives of the state labor inspectorate, the Social Insurance Fund, the regional trade union, and the local administration. Accordingly, the commission, as a rule, is initially unfriendly towards the employer and will try to find the slightest violations in order to accuse him of causing harm to the employee. When identifying the culprits of the accident, the commission will first require that they be brought to disciplinary liability. And then, depending on the violations committed and their consequences, the employer’s officials will be held accountable both administratively and criminally, up to and including imprisonment.

And for failure to provide workers, officials will be fined from 20,000 to 30,000 rubles, and legal entities - from 130,000 to 150,000 rubles (Part 4).

Violation of labor protection requirements committed by a person entrusted with the obligation to comply with them, if this entailed through negligence the infliction of serious harm to human health, is punishable by a fine in the amount of up to 400,000 rubles or in the amount of the wages or other income of the convicted person for a period of up to 18 months, or compulsory labor for a period of 180 to 240 hours, or correctional labor for a term of up to two years, or forced labor for a term of up to one year, or imprisonment for the same period with deprivation of the right to hold certain positions or engage in certain activities for a term of up to one year or without it (Part 1 of Article 143 of the Criminal Code of the Russian Federation).

And the same act, which through negligence resulted in the death of a person, is punishable by forced labor for a term of up to four years or imprisonment for the same period with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it (Part 2 of Art. 143 of the Criminal Code of the Russian Federation).

Violation of safety rules when carrying out mining, construction or other work, if this entailed through negligence the infliction of grievous harm to human health or major damage, is punishable by a fine in the amount of up to 80,000 rubles or in the amount of the wages or other income of the convicted person for a period of up to six months, or restriction of liberty for a term of up to three years, or forced labor for a term of up to three years, or imprisonment for the same term with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years (Part 1 of Article 216 of the Criminal Code RF).

The same act, which through negligence resulted in the death of a person, is punishable by forced labor for a term of up to five years or imprisonment for a term of up to five years with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years (Part 2 of Art. 216 of the Criminal Code of the Russian Federation).

In addition, the injured employee has the right to demand compensation from the employer for moral damage, the amount of which is determined by agreement of the parties or by the court.

Employers are forced to compensate the Social Insurance Fund for benefits to the families of workers who died as a result of work-related injuries

The Social Insurance Fund went to court with a demand to recover from the company the amount of compensation paid to the family of the deceased citizen. The deceased was a passenger in a company car that was involved in an accident due to the fault of the driver, also an employee of the defendant company. The FSS stated that the employer of the culprit of the accident and the owner of the source of increased danger is responsible for the occupational injury that occurred, and therefore is obliged to reimburse the Fund’s expenses incurred in paying compensation to the relatives of the deceased. The company, understandably, did not want to pay.

The final decision in this dispute was made by the Arbitration Court of the North-Western District. The Resolution dated 10/04/2018 in case No. A05-1284/2018 emphasizes that in this situation the recourse claim of the FSS must be satisfied, even despite the fact that in a particular situation the insured and the causer of harm are the same person. In such circumstances, the rules on liability for harm caused remain, so the employing company will have to reimburse the FSS expenses for paying benefits to the deceased in a recourse claim.

Let us note that in 2015, the Arbitration Court of the North-Western District made a completely different decision in a similar case. In particular, the Resolution No. F07-7344/2016 dated September 19, 2016 in case No. A66-13615/2015 stated that the employer is not obliged to compensate for the expenses of the Social Insurance Fund, since payment of compensation to the families of victims is the obligation of the Fund provided for by law.

Now, apparently, judicial practice is changing. Moreover, companies that are employers of citizens responsible for accidents, if a third party (who is not an employee) died, are almost always obligated to reimburse the Social Insurance Fund for the payment of benefits to the relatives of the victims (see Resolution of the Volga Region Autonomous District of July 14, 2017 No. F06 -22489/2017 in case No. A57-25387/2016, Resolution of the Arbitration Court of the Ural District dated July 23, 2018 No. F09-3590/18 in case No. A50-34340/2017).

How to try to avoid unpleasant consequences

No manager can be absolutely sure that his employee will not get injured at work, as they say, out of the blue. So it’s worth worrying in advance about avoiding negative consequences if an accident occurs, or at least minimizing them.

First, familiarize all employees with a signature indicating the date of familiarization. Conduct the necessary training and keep the documentation confirming this (as well as documentation of familiarization with the instructions) in a safe place. Remember that if your employee couldn’t stay on in fifteen-centimeter heels, fell down the stairs and broke her neck, then you will be to blame! Unless you prove that you have read the instructions, which say that you should wear sturdy shoes in the office and hold on to the handrails when going down the stairs.

Secondly, develop an algorithm of actions in case of an accident and communicate it to all employees, especially to lower and middle managers. Providing quick and skillful first aid to the victim will not only reduce the severity of the consequences of the injury, but may also save the person’s life. And preserving the situation of the incident and identifying witnesses will help to more accurately determine the causes and culprits of the incident, especially if the cause was the actions of the victim himself.

Express your opinion about the article or ask the experts a question to get an answer

One of the employer's responsibilities is to ensure the safety of employees in the workplace.

In Russian labor legislation, an industrial injury is understood as harm caused to an employee in the process of performing his work duties, as well as during officially established breaks, on a business trip, overtime and preparation for starting work.

Important! If a student officially undergoing internship has an injury at work, then the same procedure for investigation and payments applies as in situations with an employee.

Consequences of a work injury:

• permanent (disability) or temporary loss of ability to work;
• transfer to another workplace;
• death.

Injury at work - what should an employee do and how does this threaten the organization?

Algorithm for an employee’s actions in the event of a work-related injury:

1. calling a doctor who will provide first aid;
2. calling the employer, recording the injury at the workplace in the presence of witnesses, drawing up the appropriate protocol;
3. referral to a medical institution.

To investigate the circumstances of a work-related injury, the employer is obliged to create a special commission within 3 days. It includes: a representative of the organization’s management, a labor inspectorate employee, a medical worker and an enterprise occupational safety specialist.

When the death of an employee occurs, an employee of the prosecutor's office is involved.

The duration of the investigation depends on the severity of the injury received at the enterprise. As part of the investigation, the commission determines the degree of guilt of the victim himself.

Important! If an employee was at the workplace in a state of alcohol or drug intoxication and this fact is established, or the actions of the victim as a result of the investigation are recognized as criminally punishable, then the incident will be classified as an accident, and not a work-related injury.

If the injury occurred during working hours, but the employee was performing an official assignment from the employer outside of the workplace, this will also be considered a work-related injury.

When an employee goes to work and home on company transport, or on his own as agreed with the employer, the injury received will be classified as work-related.

Important! The degree of disability and severity of damage are established by a medical examination. The size of payments, as well as who will pay them, depends on the severity of the injuries, which can be light or serious. Severe injuries sustained at work are paid for by the Social Insurance Fund, minor injuries are covered by the employer's finances.

Payments and benefits due to an employee injured at work:

• temporary disability benefits (100% based on sick leave);
• lump sum payment in connection with damage to health;
• monthly insurance payments (depending on the amount of earnings and the degree of disability);
• compensation for rehabilitation costs in a medical institution, as well as expenses for medications and orthopedic goods;
• compensation for travel to receive medical services;
• compensation for treatment to restore working capacity;
• professional retraining.

In addition to mandatory payments, the employee can also seek compensation for moral damage.

If the employee agrees with the amount offered by the employer, then compensation occurs within the framework of the agreement between the parties. Otherwise, the employee has the right to go to court with a claim for compensation for moral damage.

Important! When considering a case in court, the employer may bring as a co-defendant the person who directly caused the harm.

Video: Work injury: workers’ rights and employer’s responsibilities

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An injury at work is the result of an accident that occurs to an employee during the performance of his work functions. In such cases, the manager must ensure not only that the victim is provided with all the necessary assistance, but also that he receives all the payments and compensation due to him. Let us consider in more detail the algorithm of actions of the employee and employer in such situations.

Correct execution of documents by the company and fulfillment of all obligations to the injured employee (timely transfer of payments and compensation to which the employee is entitled under the legislation of the Russian Federation) will help the employer avoid serious legal consequences. The list of cases when an injury is considered industrial is contained in Article 227 of the Labor Code of the Russian Federation.

What injury is considered work-related?

According to existing labor legislation, an industrial injury is considered to be any event that causes harm to the health of an employee, occurring during the performance of work duties, as well as during the performance of any actions performed for the benefit of the employer. In particular, these include injuries received independently and inflicted by another person, animal bites, lightning strikes and other events associated with industrial and natural factors. Such injuries will be considered industrial if:

• the employee was at the workplace specified in the employment contract or on a break;
• a company vehicle was used;
• the employee was on a business trip or en route to its destination.

The question of whether a work-related injury occurs when an injury occurs as a result of an accident on personal or public transport is decided depending on the purpose for which the transport was used. An injury is considered work-related if the employee was using such transport to carry out instructions from the manager. It is worth remembering that one of the main criteria for qualifying injuries as work-related is the presence of an order from the manager, as well as his financial interest in the employee performing certain actions.

Work injury: payments and compensation 2019

In addition to the accident report, the basis for receiving payments is sick leave. In this case, in the column “Cause of disability” the code “04” must be indicated. It stands for industrial accident or its consequences. The amount and procedure for paying benefits and compensation for injuries is regulated by Article 184 of the Labor Code of the Russian Federation. The benefit is calculated on the basis of all payments received by the employee during the pay period, from which the injury contribution was paid. It is worth remembering that the amount of the benefit does not depend on the employee’s length of service, so it is calculated based on the average monthly daily wage.

According to labor legislation, the victim is entitled to a one-time insurance payment. The procedure for its payment (including calculation principles and amounts) is in 125-FZ. It is paid once - upon receipt of injury. In 2019 (from February 1) its amount is 100,512.29 rubles. Its size is established in Art. 11 125-FZ. The law provides for a monthly insurance payment. Its size depends on the degree of disability. This year, the maximum amount is 77,283.86 rubles, in accordance with Decree of the Government of the Russian Federation No. 24 of January 24, 2019 and Art. 12 125-FZ.

In addition, at the expense of the employer, the injured employee may be paid additional funds allocated for treatment and rehabilitation, if they are specified in the collective agreement or employment agreement.

Types of payments

An employee injured at work has the right to the following payments and compensation:

• benefits due to temporary disability, it is paid in the amount of 100% of average earnings, length of service is not taken into account;
• insurance payment made at a time;
• monthly insurance payments;
• compensation for moral damage caused. It is carried out by the employer on a voluntary basis; the employee also has the right to seek protection of his rights to receive it in court;
• material assistance if such a clause is contained in a collective agreement or other local regulatory act, and in the amounts established by this document;
• payment for further restoration of health after leaving the hospital, if it is not covered by compulsory medical insurance or other benefits (Article 8 125-FZ).

If an employee dies as a result of an accident, payments are made to his relatives.

Procedure for assigning payments

They are designed to compensate an injured worker for lost earnings because he is unable to work (or work at full capacity) for a certain period of time. If a person dies, financial assistance is provided to his relatives, who also have the right to receive it in accordance with the law.

A one-time payment is made no later than a month from the date of its appointment, and to the relatives of the deceased - no later than two weeks from the moment the entire set of documents is provided. The injured specialist will need to provide the Social Insurance Fund with a medical and social examination report, and the relatives of the deceased will need to provide documentary evidence of the occurrence of death and the acquisition of the right to financial assistance.

In accordance with Art. 7 125-FZ, the following relatives of the deceased acquire the right to receive funds:

• recognized as dependents entitled to receive maintenance from the deceased on the day of his death;
• children of the deceased employee born after his death;
• dependents of an employee who have lost the ability to work within five years from the date of death of this citizen;
• non-working family members caring for young or disabled children of the deceased.

Transfers are made according to the general principle until the moment of restoration or acquisition of working capacity, if this is not possible - for life.

Who pays

Payments are made by both the employer and the Social Insurance Fund. For example, compensation for moral damage caused, quite logically, is paid by the administration of the enterprise, and insurance payments, both monthly and one-time, are made by the Social Insurance Fund. In addition, sick leave is paid at the expense of the Fund, and the employer makes payments stipulated by the labor or collective agreement (material assistance, for example). The Social Insurance Fund is obliged to bear the financial costs of the citizen for further rehabilitation (in the case of undergoing treatment and restoring health in sanatoriums, purchasing medicines). Such expenses will be reimbursed only after the provision of payment documents confirming the costs incurred.

Principles of calculation

The amounts of compensation for industrial injuries are established in 125-FZ, but are revised annually. In Art. 11 of the law indicates the maximum amount of 94,018 rubles, but it is subject to indexation annually in accordance with Part 1.1 of the same article. In 2019, the indexation coefficient was established by Decree of the Government of the Russian Federation No. 32 of January 24, 2019. The amount of compensation depends on the degree of loss of professional ability after injury. In the event of the death of a citizen, it is one million rubles. Regional coefficients are also taken into account in the calculation.

Payment calculation

When paying for sick leave, the calculation procedure includes the following steps:

• determining average earnings, with income two years before going on sick leave divided by 730 (the number of days of the specified period);
• the employee’s income is included in the calculation in full, without observing the maximum amount of earnings;
• the resulting value is multiplied by the number of days of sick leave;
• if the average earnings are below the minimum wage, the minimum wage is used in the calculations;
• Personal income tax is withheld from the benefit, this follows from Art. 217 Tax Code of the Russian Federation(about this - in the Letter of the Ministry of Finance of Russia dated February 22, 2008 No. 03-04-05-01/42);
• the benefit is paid on the day of the next advance or salary transfer.

Mandatory actions of the employer

The employer's responsibilities in the event of an accident are stipulated in Article 228 of the Labor Code of the Russian Federation. This norm defines the following algorithm of actions:

1. Take measures to organize first aid to the victim.
2. Prevent further development of the emergency situation.
3. If possible, keep the scene of the incident intact.
4. Interview witnesses.
5. Conduct an investigation into the circumstances of the incident, for which purpose form a commission, and based on the results of the investigation, draw up a report on the industrial accident (the report is drawn up according to the number of victims).
6. If the accident was a group accident (two or more people were injured) or serious (resulting in the death of a person), the employer is obliged to report it within 24 hours to the prosecutor's office, the labor inspectorate, or the regional government by sending a notice. It is imperative to report any accident to the Social Insurance Fund, since the Social Insurance Fund will make payments to the injured citizen.
7. Fulfill your legal obligations to compensate the victim.

Sample report on an industrial accident according to form N-1 (form)

What should an employee do if injured at work?

When injured at work, an employee must take care not only to restore his health, but also to ensure that during treatment and rehabilitation he receives compensation, that is, compensation for lost wages. According to Article 184 of the Labor Code of the Russian Federation, the employer is obliged to compensate for the earnings that the employee did not receive during treatment. Law No. 125-FZ of July 24, 1998 speaks about this. Moreover, according to this rule, an employee can claim compensation for lost earnings even after returning to work. This is possible in cases where long-term rehabilitation is necessary and the employee cannot work at full capacity. Article 1085 of the Civil Code of the Russian Federation states that an employee can claim compensation in the amount of 100%.

An employee who has been injured at work should remember that in order to receive all the benefits due, it is necessary to provide:

• sick leave;
• documents confirming expenses for treatment and rehabilitation;
• an application requesting reimbursement of the amounts specified in the documents provided (application for a one-time or monthly payment for a work-related injury).

Who makes the payments

Part of the payments for a work injury is made at the expense of the Social Insurance Fund:

• monthly allowance;
• compensation for expenses incurred by the employee during rehabilitation in sanatoriums and the purchase of medicines.

Processing of documents must, by law, take a short period of time: the decision to make payments is made within ten days from the date of writing the application.

As for payments made by the employer upon the occurrence of a work-related injury, some managers try to evade this responsibility. In this case, it is necessary to file a complaint with the labor inspectorate and then with the court.

Employer's liability

The fact of concealing an accident that resulted in injury is punishable under Art. 15.34 Code of Administrative Offenses of the Russian Federation. If a company conceals an incident in which an employee was injured, it faces a fine in the amount of:

• 300-500 rubles (for individuals);
• 500-1000 rubles (for officials, administration employees);
• 5000-10,000 (for legal entities).

This rule was introduced both to protect the rights of workers to receive compensation established by law, and to protect public order.

Getting injured at an enterprise brings negative consequences not only for the injured employee, but also for the employer. No matter how widespread the misconception may be, you can get injured not only at work, but also in the office. What to do in this case and where to turn?

Defining the concept

An industrial injury is damage of various types received by a person during working hours, including during a lunch break, while doing overtime or on a business trip, even on the way to the office/enterprise and back home. Injuries include injuries to limbs and organs that occur as a result of sudden injury or illness that develops as a result of prolonged exposure to the work environment. An accident that occurs to a student during an internship at an enterprise is also considered an industrial injury.

Types and severity of damage

Occupational injuries are divided into two types, which, in turn, differ in the degree of damage received by a person and the consequences after them. This may be the emergence or exacerbation of chronic and occupational diseases, long-term loss of legal capacity. The severity of work-related injuries also matters. As the main types, severe and mild injuries are distinguished.

So, serious injuries at work are injuries that pose a threat to human health and life. These include:

• pain shock;
• loss of more than 20% of blood;
• coma;
• disruption of the activities of important organs;
• bone fracture with complications;
• joint dislocations;
• spinal injuries;
• brain damage;
• mental disorders;
• damage to blood vessels and arteries;
• miscarriage and others.

Mild work-related injuries include:

• ordinary bone fracture;
• Crick;
• concussion and others.

Occupational injuries are diagnosed at the medical facility where the injured employee is treated. The conclusion is issued at the request of the employer.

Depending on the type of injury, damage is divided into:

• technical;
• temperature;
• electrical;
• chemical.

A workplace injury can occur due to the fault of both the employee and the employer. This will be determined further by the commission. For example, damage can occur due to non-compliance with safety rules in the workplace, or an accident may occur at work.

Industrial diseases

Occupational diseases are health disorders of an employee that arise due to the systematic long-term influence of negative working conditions on the human body.

Such ailments can be acute or chronic. Severe illnesses include health problems that appear unexpectedly. For example, during one working day under the influence of harmful production conditions.

If, due to harmful labor factors, several employees become ill at the same time, they speak of a group occupational disease.

If working and environmental conditions do not have a negative impact on the human body, do not lead to injury at work and the development of illnesses of varying severity and nature, this is considered the maximum permissible level of the production factor.

Injuries at work can also be expressed in a disease characterized as acute - a burn of the organs of vision when working on a welding machine, poisoning with chlorine-containing preparations and other toxic fumes.

The development of chronic diseases caused by professional activities begins after frequent and long-term exposure to harmful factors at work, such as vibrations or noise from machinery.

Negative conditions can be created by:

• dusty workplace - work in a mine or cement production;
• gas contamination - when making bricks or working at a chemical plant;
• humidity;
• noise from equipment;
• vibrations;
• hard physical labor;
• incorrect body position during sedentary work.

Under the influence of negative industrial factors, diseases such as noise and vibration disease, skin damage, musculoskeletal problems, pneumoconiosis and other ailments can develop.

Causes of injury in the workplace

An injury at work can occur for several reasons, including those that a person cannot influence in any way.

Technical

An industrial injury of this nature can occur due to deficiencies in the technical base:

• breakdowns in mechanisms and machines;
• insufficient mechanization of the work process;
• automation of the work process in difficult conditions.

Sanitary and hygienic

This is a violation of sanitary standards, such as humidity and air temperature, lack of premises for domestic purposes, an insufficiently equipped workplace and non-compliance with hygiene rules.

Organizational

This reason is associated with insufficiently good organization of the production process:

• violations in the use of the technical base;
• poor preparation for loading and unloading operations;
• failure to comply with safety standards;
• lack of proper instruction;
• improper organization of the labor regime, etc.

Psychophysiological

This factor is associated with unlawful actions of an employee in the workplace:

• showing up at work while intoxicated;
• intentional self-injury;
• violation of work discipline.

In addition, reasons beyond the employee’s control include poor health, overwork, etc.

Actions

What should a person who has had an accident at work do? And what is required from the employer in this case?

The algorithm of actions is as follows:

1. It is necessary to inform the employer as soon as possible that an accident has occurred at work. If it is not possible to report the incident yourself, then it is necessary to convey information through other persons, often these are witnesses to the incident. The employer, in turn, is obliged to provide first aid and organize transportation of the victim to the nearest medical facility. Then he should report the incident to the Insurance Fund and start drawing up a protocol.
2. To investigate, it is necessary to create a commission consisting of three employees. In the process of determining the degree of guilt of the employee or employer, the nature of the injury, eyewitness accounts are taken into account, various examinations and other methods are carried out to determine the cause of the accident.
3. If the injury received is of a minor nature, then an occupational injury report is issued within three days. In case of severe injury, the investigation can take up to 15 days.
4. The received protocol is the basis for issuing a sick leave certificate for incapacity for work. The employer must decide whether to make payments under this document or refuse them within 10 days.
5. In a situation where the victim is found guilty of what happened, but the employee himself does not agree with this, he has every right to challenge the decision in court.

Commission to investigate the case

According to Art. 229 of the Labor Code of the Russian Federation, the employer must convene a commission whose task is to investigate industrial injuries. It consists of at least three people. As a rule, the commission includes employees representing the interests of management, government employees. inspections, persons from the labor protection organization, from law enforcement agencies, as well as a doctor. In a situation where an accident results in the death of an employee, prosecutors are involved.

The commission determines how guilty the victim is, based on the testimony of witnesses, studying the damage received, the results of the examination and the incident itself in all details. Payments for a work injury to the victim and the likelihood of payment for his therapy at the expense of the Social Insurance Fund depend on such factors. In the event that the injured employee violated safety rules, the amount of compensation for treatment from the employer is reduced.

The length of the investigation may depend on the type and extent of harm caused. If slight damage to health is caused, the commission issues a conclusion within three days, and in case of severe damage, the process can take up to two weeks. In the case where the injury was initially determined to be mild, but after some time became severe, the management of the enterprise must notify the members of the commission about this within three days.

Payments and compensations

Each person can count on receiving one-time assistance and a monthly benefit if he has a work injury.

Payments and compensation will depend on the degree of disability. Monthly compensation is calculated based on the amount established by the social insurance fund. They are paid throughout the entire period of rehabilitation, from the day the fact of loss of working capacity is determined. The obligation to pay lies with the insurance company, not the employer.

Temporary disability benefit

The employer must pay sick leave to the injured employee in the amount of 100% of his average monthly earnings. Average monthly income is calculated for the previous 2 years. It is worth noting that the employer pays sick leave in the amount of 100%, regardless of length of service. The employer pays for the disability certificate, and after that the Social Insurance Fund reimburses the entire amount of payments, counting them as insurance payments for the Social Insurance Fund.

Payment of additional expenses

Additional costs for the employee's reinstatement are borne by the employer. At the end of the sick leave period, money is transferred from the Social Insurance Fund to the company’s accounts - all payment. A work injury causes not only physical, but also mental damage.
He must also be compensated. The amount of the amount is determined by the court after the victim applies.

Documents for registration

To process disability payments, the employer needs to collect a certain package of documents that are transferred to the life insurance fund:

• copies of the employee’s contract or work record book;
• act on the fact of injury at work;
• documents on the timing of payment of disability benefits at the enterprise.

The injured person prepares his/her package of documents:

• application in the prescribed form;
• documents confirming the fact of expenses for treatment and rehabilitation of the employee;
• honey. a conclusion issued by a medical institution regarding the presence of loss of ability to work;
• rehabilitation plan;
• medical report representatives about the need for a rehabilitation program for an employee diagnosed with an industrial injury.

Documents for submitting an investigation into an injury:

• contract or work book;
• passport;
• job description;
• card filled out in form T-2;
• working time sheet.

Documents required for recognition of injury and further investigation:

• act on the occurrence of an insured event, drawn up in Form 2;
• order to convene a commission;
• investigation materials: photographs, video footage, diagrams, eyewitness and victim testimonies, medical reports on injuries received in form 315/u, expert opinions, form 7 on inspection of the scene of the incident and others;
• acts in form N-1 in the amount of three pieces with the signatures of all members of the commission, the head and with the seal of the organization;
• conclusion of the state labor inspector;
• entry in the journal about registration of accidents.

Calculation

Calculation of benefits for loss of ability to work in the event of a work injury occurs according to the same rules as in the case of a regular illness. But three points are taken into account.

First. If an employee is injured during the work process, then the incapacity payment is calculated in the amount of 100% of the average salary. In this case, experience is not taken into account.

Second. To calculate disability benefits, the employee’s average daily wage must be calculated. Multiply the resulting amount by the number of days in the calendar that fall during the recovery period. This is the final amount of monthly payments. It turns out that if there is a work injury, the amount of benefits is not limited, it all depends on the number of days spent on sick leave.

Third. Each benefit paid by the employer to the employee is reimbursed to the company by social insurance in full.

Do not forget that personal income tax must be withheld from each benefit. In the case where the FSS believes that the organization should not pay insurance premiums, there is no need to pay them.

Preventing accidents at work

To prevent work-related injuries, you should pay attention to the correct organization of work and monitor compliance with safety regulations, not only at the administrative level, but also at workplaces throughout the enterprise. Each new employee must undergo strict training from senior staff.

Regular training to improve staff skills helps improve work throughout the entire site without violating rules and technical standards, which will avoid issuing such an unpleasant document as sick leave. Work-related injuries will not happen if due attention is paid to creating good working conditions. Such actions will affect the quality of health of each employee. We are talking about equipping the workplace with the necessary instruments and devices, ensuring the proper level of lighting, improved ventilation, maintaining optimal temperature in the room, etc.

It is necessary to monitor the health of every worker who enters their workplace. Do not allow persons who are drunk or in poor health to perform duties.

Bottom line

In the event of an accident at work, absolutely everything must be recorded. This will come in handy when investigating work injuries. The doctor's conclusion is the main evidence of the fact of harm to health in the workplace. You should ask your doctor for written confirmation that treatment or surgery is necessary due to injuries sustained at the plant. Otherwise, all costs of therapy and recovery will fall on the shoulders of the victim.