What gets injured but. Industrial injury: investigation, registration and payments. Documents for registration

Causing harm to the health of a worker or employee as a result of an accident at work, which entailed: the need to transfer the employee to another job, temporary or permanent disability by the employee, death of the employee.

An injury at work is an injury that an employee sustains while on the job. working time on the territory of the enterprise or fulfilling the instructions of the management outside of it. In addition, a work injury is considered to be damage received during the breaks established by the employment contract, processing, preparation for the start of work, as well as business trips.

Article 5 federal law No. 125-FZ of July 24, 1998 "On Compulsory Social Insurance against Industrial Accidents and Occupational Diseases" individuals employees performing work on the basis of an employment agreement (contract) concluded with an insurant (employer) are subject to compulsory social insurance against industrial accidents and occupational diseases.

An accident can occur both on the territory of the insured and outside it, or while traveling to the place of work or returning from the place of work on the transport provided by the insured.

Note. Accidents that have happened to students passing through industrial practice from the employer, or by persons involved in the performance of socially useful work, are also subject to investigation and accounting.

work injury in the workplace, even if it is not very difficult, it is always a nuisance for both the employee and the employer.
What to do if an accident does occur?

Industrial injuries received during working hours.

Labor law obliges employers to provide employees safe conditions and labor protection in the organization.

But, if you still received an industrial injury at the workplace, first of all, of course, you need to call a doctor. Then you should call the immediate supervisor and ask the witnesses of the incident to tell about what happened. After the fact of the injury is recorded, you can go to the hospital.

The employer, in turn, is obliged to organize assistance to the victim, and, if necessary, deliver him to the medical center. Also, the head of the organization must initiate the preparation of a protocol, where all the circumstances of the incident must be recorded.

All work-related injuries received by employees in the performance of work duties or performing work on the instructions of the employer that occurred at the workplace, including a break, on the way to or from work are documented and investigated (Articles 227, 230 of the Labor Code of the Russian Federation). There are no special features in the investigation of injuries and the payment of compensation to victims for office workers, these issues are also regulated by labor legislation.

An injury received during working hours can also be qualified as an accident not related to production: by decision of the commission for the investigation of accidents, the state labor inspector or the court. For example, injuries the sole cause of which was alcohol or drug intoxication, or injuries that were received when the victim committed actions qualified by law enforcement agencies as a criminal offense (Article 229.2 of the Labor Code of the Russian Federation).

If an office worker was injured not on the territory of the enterprise, but during working hours (had an accident while taking reports on the instructions of the employer to tax office by public transport or on foot), then such an injury is an industrial injury (clause 3 of the Regulations on the peculiarities of the investigation of industrial accidents in certain industries and organizations, approved by the Decree of the Ministry of Labor of Russia dated October 24, 2002 No. 73).

On the way to work
An injury is recognized as a work injury if the employee traveled to work (from work) on the employer's transport and was injured. If by own car - only if the employee used his own car at the direction of the employer or the use of the employee's car for official purposes was enshrined in an employment contract (Articles 227, 230 of the Labor Code of the Russian Federation).

An accident cannot be recognized as work-related if the employee was traveling by public transport, in his car (without agreement with the employer) or walking.

If an employee at the end of the working day went on assignments, for example, submitted reports, and then, without stopping at the office, got injured on the way home and on the way, then in this case the employee fulfilled the employer’s instructions to submit reports and from that moment stopped fulfilling his obligations. labor obligations. Consequently, an injury received by an employee on the way home (unless he followed the employer's transport to the house) is not recognized as a work injury.

Occupational Injury Investigation Commission.

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 management of the enterprise, the state labor inspectorate, labor protection organizations, law enforcement agencies and doctors. If an accident resulted in the death of an employee at the workplace, an employee of the prosecutor's office must be involved in the investigation.

The commission determines the degree of guilt of the victim on the basis of testimonies, a study of the nature of the injury, the results of examinations and the 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, the chances of receiving treatment compensation from the employer are drastically reduced.

The length of the investigation depends on the severity of the injury. In case of slight damage, the commission gives an opinion within three days, and in case of hard work commissions can last 15 days from the date of the incident. If the injury was considered minor, but subsequently turned out to be serious, the employer must notify all members of the commission within three days.

Work injury compensation.

Recall 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 the Federal Law of December 29, 2006 N 255-FZ.

In case of damage to health, the employee must be compensated for the earnings lost due to an industrial injury and the costs of medical, social and professional rehabilitation (Article 184 of the Labor Code of the Russian Federation).
Temporary disability benefits in the amount of 100% of earnings are reimbursed at the expense of the Social Insurance Fund (FSS of the Russian Federation) (Articles 8, 9 of the Federal Law of July 24, 1998 No. 125-FZ “On Compulsory Social Insurance against Occupational Accidents and Occupational Diseases” ").

The employee is paid a one-time and monthly insurance payments, the amount of which depends on the degree of loss of professional ability to work. It is determined by the institution of medical and social expertise (Articles 8, 10, 11, 12 of the Federal Law of July 24, 1998 No. 125-FZ).
The rehabilitation of the victim is also carried out at the expense of the FSS (clause 2 of article 8 125-FZ).
In addition to mandatory payments, the company has the right to provide for other compensations or payments in a larger amount. Such guarantees may be secured by an industry tariff agreement. If the organization has signed this agreement, then it is obliged to pay employees increased security.
And moral damage must be paid by the one who is to blame for causing an industrial injury (clause 3, article 8 No. 125-FZ).

The severity of health damage.

The degree of loss of professional ability as a percentage is established by the institution of medical and social expertise (Article 3, paragraph 3 of Article 11 No. 125-FZ). The amount of one-time and insurance payments depends on it (Article 10 No. 125-FZ).
According to the severity of damage to health, accidents are divided into severe and light. The amount of payment for the treatment of the victim depends on this. The severity of health damage is determined in the medical organization where the injured worker first applied for help.
The List, approved by the Order of the Ministry of Health and Social Development of Russia dated February 24, 2005 No. 160, lists health injuries in which an accident at work is considered serious. If the accident is recognized as severe, additional costs for the treatment and rehabilitation of the injured employee immediately after this accident (in a hospital, clinic, sanatorium) are paid from the FSS (clause 3, clause 1, article 8 No. 125-FZ).

In case of minor accidents, the costs of treatment are paid not by the FSS, but by the employer, who is obliged to compensate for the harm caused to employees in connection with the performance of their labor duties (Article 22 of the Labor Code of the Russian Federation).

Moral damage and statute of limitations.

The employer must compensate the employee for non-pecuniary damage (Articles 21, 22 of the Labor Code of the Russian Federation, clause 3 of Article 8 No. 125-FZ). Its value can be determined by agreement of the parties. If the employee does not agree with the amount of compensation offered by the employer, then it will be determined by the court (Article 237 of the Labor Code of the Russian Federation) depending on the fault of the employer and the degree of physical and moral suffering of the employee (Article 151 of the Civil Code of the Russian Federation).

There is no statute of limitations for investigating an accident that happened to an employee.
According to the statement of the victim (his relatives) that the accident was hidden by the employer or was investigated with violations, state inspector labor, regardless of the statute of limitations, conducts an additional investigation of the accident (paragraph 25 of the Regulations). In practice, there are many cases when, after several years from the moment of injury, workers ( former employees), injured at work, apply to the competent authorities in order to establish the fact of an accident at work.
If the organization where the accident occurred had already ceased to exist by that time, the Federal Labor Inspectorate, together with the FSS and the territorial trade union, conducts an investigation independently. The labor inspector inspects the scene, interviews eyewitnesses and officials, studies internal documents organization-employer and on the basis of the collected materials of the investigation qualifies the accident as related or not related to production.

Fix everything.

You may need to prove a causal relationship between the injury at work and the bodily injury in order to receive compensation due to you. In order to prove this connection, you will need a doctor's note.
If the injury is severe and surgery is required, ask your doctor to also confirm the connection between the operation and the injury received at work. Otherwise, the employer may refuse to pay you all the costs of treatment.

After the commission issues a conclusion, the employer is obliged to compensate the victim for all costs, pay for treatment, and pay wages during the period of disability. The amount of the employee's salary should not be lower than that which he received in a healthy state. Compensation payments produced monthly.

In this article we:

consider what industrial injuries are, what they are, in what cases injuries on the way to work are considered industrial;
find out what threatens the employer with an industrial injury at work;
determine how much time is given for the execution of documentation related to work-related injuries;
Let's figure out why employers and employees are equally interested in the timely registration of work-related injuries and the investigation of their causes.

What types of injuries exist

Occupational injuries include bodily injuries that workers may receive in the course of performing work on the instructions of employers. This can happen directly on the territory of the organization or outside it. At the same time, it is important that the victim performs work that is part of his job responsibilities or was entrusted by management. For example, if a courier, after a call from the boss, went to the store to buy paper for an office printer and sprained his leg, this would be considered an industrial injury. And if this happened when he went to the store for sausages for home dinner, then the injury at work will not be considered.

Does not apply to work-related injuries that occurred on the way to or from work. An exception is if the worker was traveling in a vehicle belonging to the enterprise, went on a business trip or a business trip, was heading to the place where the work will be performed, or back. Also not associated with the production of self-harm and injury that occurred solely due to alcohol intoxication or toxicological poisoning of the victim (if this is not associated with a violation of technological processes at the enterprise).

VIDEO TEXT:

In order to properly organize the investigation of accidents, it is necessary to correctly classify injuries:

1. Fatal accident. This is the most annoying thing that can happen. When a fatal accident occurs, the organization creates a very serious commission, the chairman of which is necessarily a representative of the federal labor inspectorate. Fatal accidents are punishable by law.

2. An accident related to the category of severe. A severe accident is a case with 100% disability with a duration of treatment or transfer of an employee to another job. According to the order of investigation, a serious accident is equated to a fatal case. It also provides for criminal liability.

3. An accident related to the category of lungs. These are the most common accidents. When a person damaged something, broke something, he was treated, and there are no health consequences for him. An employee, as he worked in his profession, will continue to work in it. When a minor accident occurs, we create a commission at our enterprise, we do not invite anyone. There is no criminal liability in this case. In practice, there may be 10 accidents in an organization per quarter, and there will be no criminal liability.

4. Accidents related to the group category. This is when 2 or more workers are injured at the same time in an accident. The complexity of the investigation lies in the fact that some workers will have minor injuries, and their case will be equated to the category of "Minor accidents", while others will have more serious injuries. Accordingly, they are equated to heavy.

5. Microtrauma. From point of view legal law the concept of "microtrauma" does not exist. There is the concept of "Injury without disability". A microtrauma is when an employee is injured and goes to medical organization, I make a dressing for him, they treat the wound. At the same time, doctors say that you can work and there are no serious health problems. And this employee goes to work the next day. One and the same microtrauma can be significant for one worker, but not so much for another. The teacher cut his finger - he can continue his activities. But if an electrician cuts his finger, his professional activity remains in question. By the way, in State Duma a bill is being discussed that will oblige managers to investigate and take into account all microtraumas committed at the enterprise.

6. Hidden accident. For example, this happens when a worker is injured at home, and bleeding begins at work, and as a result, a dressing has to be done. In this case, the employee writes a statement and this case is not investigated. Administrative liability is provided for a concealed accident.

The conclusion about what kind of injury was issued only by a medical organization. So, something happened to the worker. We take him to a medical organization and ask them for an opinion on the degree, nature, and severity of injuries. Without this conclusion, we will not be able to create a commission.

Attention, there are cases when an employee injured himself, and the doctors said that the injury belongs to the category of lungs. He is treated for a long time, but does not recover. In this case, a minor injury can go into the category of severe. And worst of all, when severe injuries become fatal.

Occupational Injury: Employer's Responsibility

The employer is interested in conducting a high-quality investigation and timely execution of documents on work-related injuries no less than workers. He needs it in order to:

identify and eliminate previously unaccounted for hazards leading to injury to the worker. To this end, new technical solutions are applied, measures are introduced to improve the quality of labor protection training for workers, and unscheduled inspections of the condition of equipment and working conditions are organized. Qualitative elimination of existing hazards will help prevent similar accidents.
establish whether the injury is related to the production process. The Labor Code of the Russian Federation clearly defines situations in which an injury is considered work-related. For example, a work-related injury on the way to work will only be classified when it occurs while traveling in an organization-owned vehicle or on a business trip. Some unscrupulous workers try to pass off domestic injuries as work-related ones, so it is very important for the employer to establish the true circumstances and causes of the incident.
understand why an injury occurred: due to the fault of the employee, other persons, due to force majeure (for example, hurricane, flood, earthquake), etc. It is important to know this in order to properly work with employees who have committed violations: organize additional training, impose a penalty, assess compliance with their positions.
assign correctly work-related injury payments and compensation.

Industrial injury at work: what threatens the employer

If an occupational injury is recorded at work, the first thing that threatens the employer is to conduct a special assessment of working conditions at the workplace where the accident occurred, again. This must be done within 6 months of the day the injury occurred. The main trouble of this process for the employer is the material costs and the solution of a number of organizational issues.

This also includes the need to financially support the work of the NA investigation commission, organize and finance the activities that it needs to perform its functions: transporting members of the commission to the scene of the incident, conducting research, testing, measurements, attracting narrow specialists or specialized organizations.

The second thing that threatens the employer, in whose workplace an industrial injury was admitted, is the associated unscheduled inspection GIT. As a rule, this happens after group, fatal accidents, as well as cases of severe injury (especially when a person has lost his ability to work for a long time or remained disabled). Specialized supervisory authorities may also come with a check. For example, after an accident related to the maintenance of an electrical installation, inspectors from the State Energy Supervision Authority will also come for an inspection.

The list of what threatens an employer who has a work injury at work also includes administrative and criminal liability.

(penalties) are provided for:

concealment of the facts of injury to workers;
violation of the requirements of the legislation on labor protection;
failure to conduct or poor-quality conduct of a special assessment of working conditions;
failure to provide OSH training;
lack of organization of medical examinations;
failure to provide PPE and allow workers to perform work without them;
repeated violations of any of the above.

In the event of a repeated violation, the fine may be replaced by a temporary suspension of the activities of the organization or individual entrepreneur until the violations are corrected. The maximum term is 3 months.

Occurs in the event of death or serious injury to the health of the worker, if:

during the investigation it will be proved that the injury was due to non-compliance with the requirements of OT by an official or employer personally;
violated government requirements on labor protection.

This can be a large fine, correctional, forced labor or imprisonment.

It must be understood that the responsibility for various areas of security production processes usually assigned to the officials of the organization. Therefore, in case of injury to employees, it is these persons, and not the employer, who bear administrative and criminal liability. If the work injury occurred solely through the fault of the employee, he does not bear any responsibility for this. As punishment, the amount of payments for this injury is reduced to him (in accordance with the value of the percentage of guilt determined by the commission of inquiry).

How long does it take to complete paperwork for work-related injuries?

The time given to the commission to investigate and file a work injury depends on the severity of the accident. NS with minor injuries are investigated and processed in a maximum of 3 days, with severe injuries in 15 days. Accidents during which the victims received injuries incompatible with life are also investigated within 15 days.

Cases of injury, which the employer did not become aware of in time, are investigated within 1 month from the date of the victim's request. This happens when they try to hide the accident, or the consequences of the injury did not appear immediately (for example, a bone was punctured, which at first did not cause pain). At the same time, it does not matter because of what the work injury occurred: through the fault of the employee, his manager, or other persons. Investigation is ongoing anyway.

Industrial injury: guarantees to the injured

In timely detection and correct design injury is most interested, of course, the victim. This depends on:

health status. The sooner assistance is provided, the faster and better the recovery of the victim will be. Therefore, he does not need to agree to offers to take him to the hospital with his own transport, but it is better to immediately call " ambulance" (if possible). This is also useful when a work injury occurs on the way to work and seems minor. In this case, it is also recommended to immediately go to the first-aid post for an examination.
calmness. It happens that pain does not appear immediately, but some time after the injury. If you fix what happened on time (for example, after falling down the stairs, go through an examination at the first-aid post), then if your health deteriorates, you won’t have to be nervous, proving to the commission that the injury really took place. Doing this when everything hurts is quite difficult, and the hassle will only prevent you from gaining strength and recovering.
payments and compensation. Payments under the National Assembly are made no earlier than the act H-1 is issued. The term for investigating injuries reported on time is 3-15 days, out of time - up to 1 month. Not all families can easily pay for expensive treatment (for example, a stay in intensive care), so it is better to secure financial support from the employer and the Fund as soon as possible.

A worker who has received an industrial injury is entitled to the following payments and compensations:

full sick pay;
if he is insured, then lump-sum and monthly insurance payments;
payment for treatment, rehabilitation, prosthetics, additional care (if necessary);
payment for travel to the place where treatment and rehabilitation will be carried out (for example, if you need to perform an operation in a specialized clinic out of town);
compensation for moral damage. This payment is easiest to receive for workers whose appearance has been severely damaged as a result of an injury (burn scars, large scars, body parts have been amputated) or bodily functions (for example, excretory, reproductive functions) have been impaired. It will be much more difficult to achieve compensation for non-pecuniary damage for injuries without visible consequences (for example, a broken arm).

In the event of a fatal work injury, the family members of the deceased receive payments and compensation. At the same time, his disabled relatives will receive regular payments until their ability to work is restored. For example, the payment will stop if the wife leaves maternity leave or the child reaches the age of 18 (subject to admission to the institute for day department- up to 23 years).

No one is immune from accidents in everyday life, but if this incident happened at work, you at least have the opportunity to receive compensation for an industrial injury.

What to do if you are injured while working?

Definition.
An occupational injury (or an accident at work) is an injury that an employee received during working hours on the territory of the enterprise or while performing instructions from the management outside it. In addition, a work injury is considered to be damage received during the breaks established by the employment contract, processing, preparation for the start of work, as well as business trips.
In the Order of the Ministry of Health and social development RF No. 160 “On determining the severity of damage to health in industrial accidents” has a definition of which workplace injuries are considered minor and which are severe.
Severe accidents include: shock, coma, blood loss of more than 20% of the total volume, acute failure of organ functions, penetrating injuries, some fractures (cervical vertebrae, spine, skull, chest), brain contusion, radiation injury, damage to the main blood vessels , abortion. All other cases (concussion, simple fracture, muscle strains, and so on) are considered mild.

Step 1.
If you have been injured at work, the first thing to do is to call a doctor. Then you should call the immediate supervisor and ask the witnesses of the incident to tell about what happened. After the fact of the injury is recorded, you can go to the hospital.
An injury is also recognized as a work injury if the employee traveled to work (from work) on the employer's transport and was injured. If by own car - only if the employee used his own car by order of the employer or the use of the employee's car for official purposes was fixed in the employment contract. An accident cannot be recognized as work-related if the employee was traveling by public transport, in his car (without agreement with the employer) or walking.

Step 2
In turn, the employer is obliged to organize assistance to the victim, if necessary, deliver him to the medical center. Also, the head of the organization must initiate the preparation of a protocol, where all the circumstances of the incident must be recorded.
In accordance with Article 227 of the Labor Code of the Russian Federation, industrial accidents are subject to registration and investigation. An accident investigation is applicable to all persons involved in production activities employer, and not only to employees performing their functions under an employment contract. It also applies to trainees, prisoners, persons involved in the performance of socially useful work and the elimination of the consequences of accidents.
Cases are subject to investigation as a result of which bodily injuries were received, including those inflicted by another person, heat stroke, burns, frostbite, drowning, electric shock, lightning, radiation, bites and other bodily injuries caused by animals and insects; damage due to accidents.
The employer is obliged to create a commission of at least three people to investigate an industrial injury. The commission includes representatives of the management of the enterprise, the state labor inspectorate, labor protection organizations, law enforcement agencies and doctors. If an accident resulted in the death of an employee at the workplace, an employee of the prosecutor's office must be involved in the investigation.
The commission determines the degree of guilt of the victim on the basis of testimonies, a study of the nature of the injury, the results of examinations and the 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, the chances of receiving treatment compensation from the employer are drastically reduced. The length of the investigation depends on the severity of the injury. If the injury was considered minor, but later turned out to be serious, the employer must notify all members of the commission.

Step 3
All employees are subject to compulsory social insurance and this is the responsibility of the employer. If the victim works part-time in several organizations, he has the right to demand compensation from all places of work. To claim temporary disability benefits, you must provide a copy of the accident report.
The legislation provides for the following types of insurance coverage:
allowance for temporary disability in connection with an accident at work;
one-time insurance payment;
monthly insurance payment;
payment of additional expenses associated with the medical, social and professional rehabilitation of the insured (including payment for vacation in excess of the annual basic for the entire period of treatment and travel to and from the place of treatment).

In addition to mandatory payments, the company has the right to provide for other compensations or payments in a larger amount. Compensatory allowance is paid to the victim for the entire period of illness. Temporary disability benefit is paid in the amount of 100% of the average earnings (regardless of the insured person's length of service) calculated for the last 12 calendar months for this policyholder, preceding the month of the temporary disability. The benefit for the entire period of illness until full recovery or permanent loss of professional ability to work is paid by the employer.

Note.
It often happens that the employer and his employee do not want to “dig into the papers” and agree on benefits without drawing up acts and other required documents. In this case, the injured worker is deprived of legal support in case of complications or subsequent refusal of the employer to compensate.

It is not uncommon for employees to be injured in the course of their work. What should an employer do if an accident occurs? What documents should be issued? What payments are due to the victims? How to reflect them in accounting and tax accounting? You will find answers to these and other questions in the article.

The current legislation establishes the obligation of employers to transfer to the FSS of the Russian Federation insurance premiums for compulsory social insurance from accidents at work and occupational diseases. These contributions are a kind of guarantee of compensation for harm to employees if they have damaged their health and lost their ability to work due to an accident at work.

According to Article 3 of the Federal Law of July 24, 1998 N 125-FZ (hereinafter - Law N 125-FZ), an industrial accident is an event as a result of which an employee died or was injured in the performance of work duties or work in the interests of the employer. At the same time, where this event occurred - on the territory of the employer or outside it, or while traveling to the place of work or returning from the place of work on the employer's transport, does not matter.

Situation one. An employee is injured on the way to or from work. In this case, the injury will be recognized as work-related if the employee went to work (from it) on the employer's transport or personal vehicle, however, subject to several conditions. First, the employee used a personal car at the direction of the employer or for official purposes, which is enshrined in the employment contract and the corresponding order. The second - in the accounting department there is a certified copy of the vehicle registration certificate. Thirdly, a record is kept of the employee's official trips in a personal car. In other cases, including when going to work public transport, the resulting injury is recognized as domestic.

Situation two. An employee is injured while on a business trip or business trip. In this case, the injury is recognized as work-related, regardless of how he moved (by transport or on foot). The main thing is that documents are available confirming that the work of the employee is traveling in nature or related to business trips.

Situation three. An employee was injured during a lunch break. In this case, an injury can be recognized as a work injury if the following condition is met: the time of the lunch break and its duration are established by the rules of the internal work schedule or an agreement between an employee and an employer. Given this condition, it turns out that if the employee had lunch at an unspecified time, then the injury received during lunch will not be industrial.

Situation four. An employee was injured during a corporate party. In this case, any injury will be considered domestic, since it was received outside of working hours and not in the performance of work duties. This follows from the provisions of Article 227 of the Labor Code of the Russian Federation.

What to do if an accident occurs

The procedure for the employer's actions in the event that an employee has an accident at work is determined by Articles 228-230 of the Labor Code of the Russian Federation, as well as the Regulations on the peculiarities of the investigation of industrial accidents in certain industries and organizations, approved by the Decree of the Ministry of Labor of Russia dated October 24, 2002 N 73.

So, first of all, the employer must organize first aid for the victim or organize his delivery to a medical organization and take immediate measures to prevent the impact of traumatic factors on other people.

Then, before starting an accident investigation, it is necessary to save the situation as it was at the time of the accident. And only after that it is necessary to inform the necessary authorities and organizations about the accident.

Note.The obligation to create a labor protection service or to hire a labor protection specialist lies with all employers if the number of their employees exceeds 50 people (Article 217 of the Labor Code of the Russian Federation).

If the injury is minor, the accident should only be reported to territorial body FSS RF at the place of registration. If the injury is severe or a group accident has occurred, then, in addition to social insurance, you will need to notify the following authorities:

the State Labor Inspectorate;

Prosecutor's office at the scene of the accident;

Organ executive power or the local administration at the place of registration of the organization (IP);

Trade Union;

Rospotrebnadzor for acute poisoning.

Note.The notification form is given in Appendix N 1 to the order of the FSS of the Russian Federation of 08.24.2000 N 157, and notices in Appendix N 1 to the decision of the Ministry of Labor of Russia of 10.24.2002 N 73. The investigation period begins to be calculated from the date of issuance of the order on the consciousness of the commission.

Take note. When an event cannot be considered an accident

The current legislation establishes a number of cases that will never be recognized as industrial accidents. These include:

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

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

An accident that occurs when a victim commits a crime.

This is stated in paragraph 23 of the Regulations on the peculiarities of the investigation of industrial accidents in certain industries and organizations, approved by the Decree of the Ministry of Labor of Russia of October 24, 2002 N 73.

To investigate an accident at work, the employer must set up a commission consisting of at least three people. This commission for three (for minor injuries) or 15 calendar days(in case of severe injuries or death) must comprehensively examine all the circumstances of the incident. If a minor injury was subsequently recognized as severe, then one more month from the moment of retraining is given to investigate the causes of the accident that happened to the employee.

If the accident is recognized by the commission as related to production, then the results of the investigation are drawn up in an act (three copies) in the form H-1 given in Appendix No. 1 to Resolution No. 73. The act is signed by all persons who conducted the investigation, approved by the employer (his representative) and certified seal. One copy of the act must be transferred to the territorial body of the FSS of the Russian Federation, the second to the victim or his relatives, and the third copy of the act remains with the employer.

In addition, the commission is obliged to register the accident that has occurred in the accident register in accordance with Form 9, given in Appendix No. 1 to Resolution No. 73.

Note.The legislation does not provide for a statute of limitations for investigating an accident that occurred to an employee in the performance of his job duties.

After recovery (in cases of death - within a month after the completion of the investigation), the employer must send a message to the social insurance about the consequences of the accident at work and the measures taken. The message is submitted in accordance with Form 8 (Appendix 1 to Resolution N 73).

Please note: if the employer tries to hide an accident that happened to an employee and this is subsequently revealed, he may be held administratively liable. The fine for employers-entrepreneurs is from 500 to 1000 rubles, for employers-organizations - from 5000 to 10,000 rubles. (Article 15.34 of the Code of Administrative Offenses of the Russian Federation).

What should an employee do if they are injured at work?

The current legislation guarantees the following types of payments to an employee in the event of an industrial injury. This is a temporary disability benefit, a one-time and monthly payments, reimbursement of additional expenses for medical, social professional rehabilitation (Article 8 of Law N 125-FZ). And workers working on the basis of civil law contracts, guaranteed compensation by the employer for lost earnings.

Note.In addition to mandatory payments, the employer has the right to provide for other compensations or payments in a larger amount.

The one-time and monthly insurance payments are paid directly by the FSS of the Russian Federation. The amount of such payments is determined in accordance with the degree of loss of professional ability to work based on the maximum amount (Articles 10 and 11 of Law N 125-FZ). The maximum lump-sum payment in 2014 is 80,534.8 rubles, and monthly - 61,920 rubles. (Article 6 of the Federal Law of December 2, 2013 N 322-FZ).

Additional costs associated with the medical, social and professional rehabilitation of an employee are also paid directly by the FSS of the Russian Federation.

Note.If the employer delays the payment of benefits for more than one calendar month, then, at the request of the victim, it can be paid by the regional branch of the FSS of the Russian Federation (Article 15 of Law N 125-FZ)

The employer must pay temporary disability benefits due to an accident at work. Subsequently, the amounts paid are fully credited towards the payment of insurance premiums in case of injury.

At its own expense, the employer pays the injured employee only compensation for non-pecuniary damage caused in connection with an accident at work (Article 8 of Law N 125-FZ). The amount of compensation is established by the court (Article 1101 of the Civil Code of the Russian Federation).

Calculating work injury benefits

The procedure for calculating the hospital benefit in this case is somewhat different from the calculation of the usual temporary disability benefit.

Note.In the sick leave, an accident at work or its consequences are indicated by code 04.

Sickness benefit in connection with an accident at work is paid for the entire period of temporary disability until the employee fully recovers in the amount of 100% of his average earnings (Article 9 of Law N 125-FZ). This is defined average earnings according to the rules established in Article 14 of the Federal Law of December 29, 2006 N 255-FZ.

So, in order to calculate the average earnings, it is necessary to take the payments subject to insurance premiums in case of injury for the two years preceding the year of the insured event. Moreover, at the request of the employee, these years can be replaced by previous ones if one of them (or two at once) had maternity leave or parental leave.

Next - attention! The amount of an employee's average earnings does not need to be compared with the marginal base for calculating contributions, as should be done in the case of calculating ordinary sick leave. This means that all actual payments for two years, from which contributions to the FSS of the Russian Federation were paid in case of injury, must be taken into account in the calculation of benefits in connection with an industrial injury.

If the employee in the billing period does not have earnings or his earnings for this period, calculated for a full calendar month, are less than the minimum wage, then the benefit must be calculated based on earnings equal to the minimum wage on the date of the insured event.

Note.From January 1, 2014, the minimum wage is 5554 rubles. (Article 1 of the Federal Law of December 2, 2013 N 336-FZ).

To determine the average daily earnings, it is necessary to divide the sum of the average earnings accrued for the billing period by 730.

The amount of the daily allowance in connection with an industrial injury is equal to the average daily earnings and is not subject to adjustment depending on the length of the insurance period of the employee.

Note.In the cases listed in Article 8 of Law N 255-FZ, the benefit in connection with an industrial injury may be reduced to the minimum wage.

Finally, the amount of the injury benefit is calculated as follows: the amount of the daily allowance must be multiplied by the number of paid calendar days of disability.

It doesn't seem to be all that difficult. But, as they say, in any barrel of honey there is always a fly in the ointment. So here. According to paragraph 2 of Article 9 of Law N 125-FZ, the maximum amount of temporary disability benefits due to an accident at work or an occupational disease for a full calendar month cannot exceed four times the maximum amount of the monthly insurance payment established in accordance with paragraph 12 of Article 12 of Law N 125-FZ.

In 2014, this limit is 247,680 rubles. (4 x 61,920 rubles) (Article 6 of Law N 322-FZ).

If the amount of the benefit, calculated from the average earnings of the worker, exceeds the maximum amount of the benefit, then this benefit is paid based on the maximum amount. However, in this case, the amount of the daily allowance is calculated as follows: the maximum amount of the allowance for a full calendar month is divided by the number of calendar days in the calendar month in which the temporary disability falls. Accordingly, the amount of the temporary disability benefit payable is calculated by multiplying the amount of the daily allowance by the number of calendar days falling on the period of temporary disability in each calendar month.

An employee of Omega LLC P.V. Semenov, as a result of an accident at work, was on sick leave for 21 calendar days (from March 24 to April 13, 2014). For the billing period - from January 1, 2012 to December 31, 2013 - the actual earnings of P.V. Semenov amounted to 960,000 rubles. Calculate the amount of temporary disability benefits.

The total amount of payments taken into account when calculating benefits is 960,000 rubles. In terms of a calendar month, this is 40,000 rubles. (960,000 rubles : 24 months). As you can see, this is much more than the minimum wage. Accordingly, further calculations will be made based on the actual earnings of the employee.

Calculate the average daily wage. It is equal to 1315.07 rubles. (960,000 rubles : 730 days). This means that the amount of the daily allowance is also 1315.07 rubles.

Calculate the amount of temporary disability benefits for 21 calendar days of illness. It will amount to 27,616.47 rubles. (1315.07 rubles x 21 days).

Now we calculate the amount of temporary disability benefits, taking into account the maximum limit.

For March 2014, the amount of the allowance is 63,917.42 rubles. (247,680 rubles: 31 days x 8 days), for April - 107,328 rubles. (247,680 rubles: 30 days x 13 days).

That is, the amount of the sickness benefit, taking into account the maximum limitation, is 171,245.42 rubles. (63,917.42 rubles + 107,328 rubles).

Since the temporary disability benefit, calculated on the basis of actual earnings, is less than the maximum amount, P.V. Semenov is entitled to an allowance in the amount of 27,616.47 rubles.

In conclusion, we note that the amount of temporary disability benefits due to an accident at work is subject to personal income tax, but is not subject to insurance premiums in off-budget funds(Article 217 of the Tax Code of the Russian Federation and Article 9 of the Federal Law of July 24, 2009 N 212-FZ). This is also confirmed by the regulatory authorities (letters of the Ministry of Finance of Russia of February 22, 2008 N 03-04-05-01 / 42, of November 19, 2007 N 03-04-06-01 / 397, of April 5, 2007 N 03-04-06- 01/111 and the Federal Tax Service of Russia dated March 16, 2007 N 04-1-02/193).

work injury- this is an accident with an employee that occurred during the execution of official duties. The consequence of such an unpleasant event can be damage to the health of the employee, up to death. How to act in case of an accident at work, you will learn from this article.

Injuries at work and on the way to work - which cases are subject to investigation

When implementing labor functions a person is not immune from receiving various physical injuries, even with the most careful labor protection on the part of the employer. Meanwhile, an industrial injury is a serious incident that requires a proper assessment and establishment of all the circumstances of the incident.

An investigation should be carried out if the worker's health has been harmed, including:

physical injury, including injury to other employees, animals and insects;
electric shock or lightning, drowning, frostbite, heat stroke, burns;
damage as a result of accidents, explosions, destruction of buildings and other external influences;
other injuries.

The above-mentioned accidents, in order to be recognized as an industrial injury, must occur under the following circumstances.

During working hours within the organization or in another place of work, including lunch time and other breaks (for example, to prepare equipment), as well as during the performance of labor duties in non-working hours(overtime or on weekends).
On the way to workplace and back on official vehicles or personal vehicles, if, by agreement with the management, it is used for official purposes.
During a trip to the place of business trip and back, as well as during movement for work needs by public, official transport or on foot.
When moving to vehicle as a shift (for example, shift driver).
On watch during the period of rest between shifts, as well as on a vessel (sea, air, river) even during periods of free time from work.
In other circumstances, in the performance of labor duties by an employee or actions in the interests of labor relations with an employer.

What should an employer do in case of an accident at the enterprise

In the consistent implementation of all measures established by law in relation to a case of injury at work, both parties to labor relations are interested: both the employee and the employer. The result of all actions to establish the circumstances of injury for the employee should be material compensation for physical suffering and the cost of treatment. Employer doing everything statutory actions, avoid administrative and criminal liability for concealing an accident at work.

For employees who perform their duties employment contract, in case of industrial injury, are equated:

employees receiving education under a student agreement;
trainees;
hospital patients involved in labor process at medical and industrial enterprises as occupational therapy;
convicts working in custody;
citizens performing socially useful work;
members of production cooperatives and peasant farms.

In the event of an accident at work, the management of the enterprise is obliged to:

provide first aid to the injured and ensure that they are transported to medical institution, if necessary;
take all actions to prevent the development of an emergency and injury to other employees;
if possible, leave intact the environment in which the accident occurred, for an objective investigation;
if it is impossible to maintain the environmental conditions in the form in which the work injury occurred, it is impossible to take actions to fix the facts (draw diagrams, take photos and videos);
immediately report the incident to the authorized state organizations, and in case of severe injury or death of an employee - to relatives;
take all necessary measures to investigate the incident and draw up documents in accordance with the requirements of the law.

Workplace Injury Notice

The procedure for reporting an accident at work is described in detail in article 228.1 Labor Code RF. In particular, if 2 or more employees were injured or a serious/fatal accident occurred, the employer must report the following within 24 hours:

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

The form of notification of a work injury was approved by the Decree of the Ministry of Labor of the Russian Federation of October 24, 2002 No. 73.

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If the misfortune happened on a floating ship, then the captain notifies the employer and the consulate of the Russian Federation (in foreign navigation) about this. And the employer, in turn, within the stipulated 24 hours, reports about what happened on the ship to the organizations listed above.

If, over time, what happened was aggravated by severe injury or death, then within 72 hours, as it became known, the employer reports a worsening situation in:

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State Labor Inspectorate;
regional trade union;
social insurance;
controlling government agency.

Rospotrebnadzor (SES) should also be notified of cases of acute poisoning.

Accident Investigation Commission

The clarification of all the facts of the injury that occurred at work is carried out by a special commission, which the employer is obliged to promptly create and approve its composition by order of the enterprise. The commission must have at least 3 people, one of them is a representative of the employer or a government agency, the other is a trade union representative and the third is an employee responsible for organizing labor protection in the organization (the person directly responsible for labor protection in the organization should not take part in the commission ). If a group injury or injury with serious consequences (including death) is to be investigated, in addition to the indicated persons, the commission includes:

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

If the result of an accident at work was the death of 5 or more people, then in addition to those listed in the commission, the following must take part:

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

The victim has the right to participate in the investigation of an industrial injury that has occurred to him. All the circumstances of the case must be investigated, therefore, when forming and operating the commission, for example, the following points should be taken into account:

If the victim performed work for another employer, then the employer who sent the employee to the place of performance of duties is included in the commission (conducting an investigation at the scene of the accident).
If an accident occurred with a part-time worker (at a part-time job), then it is investigated at the place where the work injury was received. With the consent of the employee, the main employer may be notified of what has happened.
In case of injury as a result of an accident with transport in the work of the commission in without fail materials of the investigation of the car accident are used.

Terms of investigation of accidents at the enterprise

Article 229.1 of the Labor Code of the Russian Federation is devoted to the terms of work of the commission for the investigation of accidents at the enterprise.

The law provides for the following time limits for the investigation of all the circumstances of the case.

For minor health injuries, even if there were several victims, an investigation must be carried out within 3 days.
If the result of a work-related injury was severe damage to the health of one or more employees, or the accident ended in death, 15 days are given to investigate the case.
In the event of additional request for medical and other opinions or the need for an auxiliary verification of the circumstances of the case, the stipulated time limits may be extended by a maximum of 15 days.
If it is not possible to conduct an investigation within the time limits established by law due to the necessary examinations in specialized organizations, research of what happened in the bodies of inquiry, investigation, court, then the intention to extend the terms of the commission's work is agreed with these organizations.
An occupational injury that was not known or physical damage from which occurred after some time is investigated at the request of the victim within 30 days from the date of receipt of such a request.

Injury at work: what to do with the execution of documents on the investigation and accounting for accidents in the organization

In each case of harm to health at work, determined by the commission as an industrial injury, if this was followed by the transfer of an employee to another job, disability for 1 day or more, or the death of the victim, an act is drawn up in Russian and the language of the subject of the Russian Federation. The number of documents is determined by the number of interested parties. That is, there should not be less than two of them (for the employee and the employer), but there may be more, since each victim (in the case of a group injury), as well as social insurance authorities, receives their copy.

The act reflects all the circumstances and causes of the accident, the perpetrators, the degree of guilt of the victim as a percentage. The act is signed by members of the commission, approved by the employer and certified by a seal. Upon completion of the work of the commission, the employer within 3 days is obliged to issue an accident report to the victim or his relatives in case of death, and also send a copy to the regional department of social insurance. Another copy is stored at the enterprise along with the case materials for 45 years. In the event that the victim receives serious injuries or death, the materials of the investigation and the act are sent to the State Labor Inspectorate of Russia and the territorial association of trade unions.

At the end of the sick leave at the employee, the employer is obliged to send a notice to the regional office of the State Labor Inspectorate about the consequences of the accident and the preventive measures taken.

Each accident at work registered in accordance with the law is subject to registration in a special journal, the form of which is established by the Decree of the Ministry of Labor of the Russian Federation of October 24, 2002 No. 73.

Payments for work injury: size and design

In case of damage to health as a result of an industrial injury, the victim or his relatives (in case of death) are entitled to material compensation for physical and moral suffering.

First of all, the employer pays the sick leave to the employee at the rate of 100% of the average earnings for the entire period of disability. In addition, if the employee is not able to fully fulfill his labor duties for a long time (in accordance with the medical report), the victim or relatives have the right to a one-time payment from social insurance and monthly payments.

The amount of the lump-sum payment is determined based on the severity of the victim's condition and cannot exceed RUB 84,964.2 in 2015. If the result of an accident at work was the death of the victim, then the relatives will receive 1,000,000 rubles from social insurance at a time. The amount of monthly insurance payments is determined as a percentage of the average monthly earnings, in accordance with the severity of lost labor skills and in 2015 cannot exceed 65,330 rubles.

To apply for sick leave payments, you need to contact your employer and present a certificate of incapacity for work. To process insurance payments, the following documents must be submitted to the regional department of social insurance:

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accident report;
certificate of average earnings for the period chosen by the employee;
medical report on the degree of loss of labor abilities and the need for rehabilitation;
labor contract.

Relatives of the deceased worker must present:

death certificate;
medical report on the connection between the death of the victim and injuries at work;
documents on dependents;
information about the composition of the family.

The specific list of required documents is determined by social insurance individually for each case of reimbursement.