Injury at work, what should the victim do? Work injury: investigation, registration and payments

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By injury at work, the legislator understands employee injury a certain degree of severity when carrying out their labor responsibilities directly while working. ?

This type of incident may also mean injury. during a business trip or going to the place of work.

Such cases are subject to mandatory written and documented registration.

Depending on the severity of the injuries received, the employer is obliged to follow a clear algorithm of actions when an employee receives a work-related injury:

• Step 1. Call medical care.

As soon as the employer becomes aware of the fact that an employee has suffered a work injury, it is necessary to call medical assistance to provide assistance on the spot.

In case of minor injuries that do not cause moderate or severe harm to the health of the employee, it is necessary to send him to a medical facility to record the injury and receive the necessary first aid.

In a medical facility or at the production site, ambulance personnel will document the fact of injury and the preliminary severity level.

For further clarification, the employee can undergo a medical examination and receive a medical report on the severity of the injuries.

After notification medical services the employer should cordon off the scene of the incident or, if it is impossible to stop the work of the enterprise, record the circumstances of the incident.

Design can be done by drawing up diagrams, using photo and video equipment. This procedure is necessary for an objective investigation carried out by the commission and can help the employer avoid additional penalties, both from the employee and from the employer.

• Step 3. Design.

You should then immediately issue normative act- an order to create a commission to investigate what happened. In case of serious injuries and a threat to the life of an employee, a representative of the state labor inspectorate must be included in the commission.

Also, in addition to the employer’s representative, the victim himself, as well as a representative of the workers’ union, may take part in the investigation.

• Step 4. Record the work-related injury in the journal.

The fact of the incident should be recorded in a special journal, which should be drawn up by a labor protection specialist. The journal records the main events of the incident.

• Step 5. Conduct an investigation.

The commission conducts an investigation within 15 calendar days. If necessary, additional work, somehow technical expertise and assessment of materials and behavior of enterprise employees, the period of investigation can be increased by annex to the order.

• Step 6. Making a decision.

After the investigation, the commission issues a decision on the circumstances of the incident and the degree of guilt of the parties. In this case, the parties - the employee and the employer - must be familiarized with the decision of the commission against signature.

In case of disagreement with the conclusions of the commission, the parties always have the right to appeal the actions in court to protect their interests.

• Step 7. Payments to the victim.

After a decision is made and there are no judicial procedures, the employer is obliged to pay the employee the amount of money due, and if the employee is guilty, he should compensate the enterprise for losses in the form of downtime, lost profits or fines. ?

In this case, the employee is entitled to payments from the health insurance fund in any case.

What documents should be used to document an industrial accident?

The list of documents that record the fact of injury at work is also enshrined in labor legislation:

• Protocol inspection of the scene of the incident. The primary document, which is drawn up immediately after the incident.
• Trauma log at work - after recording the circumstances of the incident, the employer’s representative records the time and other data about the injury that occurred at work. This documentary evidence is important when conducting an inspection by the labor inspectorate.
• Act O work injury drawn up after drawing up the protocol, and serves as documentary evidence for starting an investigation at work.
• Order on the creation of a special commission of investigation. This normative act formalizes the composition of the commission and designates the period for conducting the investigation.
• Commission decision to investigate injuries at work. When making a decision, all the facts of what happened are taken into account, and the guilt of the parties is determined.

Sample act

The report of an injury at work is drawn up in accordance with a unified standard of documentation. A sample report should be kept by a labor protection specialist.

If it is missing, you can contact the state labor inspectorate, where you can get both the act itself and information about its execution.

It is important that in the act where all the circumstances of the incident are described, the parties signed that they had read this document.

There may also be objections and rejection of circumstances are noted happened between the parties - the employee or the employer.

Registration in the journal

To record emergency situations and incidents, each enterprise maintains a special injury log. The occupational safety specialist is responsible for the registration of the log.

When an injury occurs the responsible person records the main circumstances of the incident in the journal– time and place of the incident, initials of the victim, information about the person responsible for the production area where the injury occurred and other facts and circumstances.

Enterprise investigation

During an investigation into a work injury case The commission may draw up and submit the following materials:

• Medical report on the condition of the victim and the extent of injuries received. This document is drawn up by the medical institution and attached to the commission’s research materials.
• Materials from the incident scene inspection protocol. These materials can be diagrams and drawings of the scene of the incident. Testimony from company employees can also be used as evidence.
• Photo and video materials from the scene of the incident. These materials can shed light on the circumstances of the employee’s injury, the absence or presence of violations in compliance with safety regulations, and the features of the production process.
• Materials on carrying out technical and other types of examinations. If the incident is ambiguous, at the initiative of the parties, various examinations may be appointed to determine the degree of guilt.

In hindsight

Attempts by employers to register facts of injury at work “retroactively” are somewhat widespread.

Causing harm to the health of a worker or employee as a result of an industrial accident, resulting in: the need to transfer the employee to another job, temporary or permanent loss of the employee’s ability to work, the death of the employee.

An industrial injury is considered to be damage that an employee received while working hours on the territory of the enterprise or carrying out instructions from management outside it. In addition, an industrial injury is considered to be damage received during breaks, overtime, preparation for the start of work, as well as work trips established by the employment contract.

According to Article 5 Federal Law No. 125-FZ dated July 24, 1998 “On compulsory social insurance against accidents at work and occupational diseases» individuals those performing work on the basis of an employment agreement (contract) concluded with the insured (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 or returning from work using transport provided by the insured.

Note. Accidents that occurred with students passing through industrial practice from the employer, or by persons involved in performing socially useful work, are also subject to investigation and recording.

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

Industrial injuries sustained during working hours.

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

But, if you do get injured at work, first of all, of course, you need to call a doctor. Then you should call your immediate supervisor and ask witnesses to the incident to tell about what happened. After the fact of injury is recorded, you can go to the hospital.

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

All work-related injuries received by employees while performing 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 recorded and investigated (Articles 227, 230 of the Labor Code of the Russian Federation). There are no special features in the investigation of injuries and 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 classified as an accident not related to production: by decision of the accident investigation commission, state labor inspector or 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 delivering reports on the instructions of the employer to tax office on 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 Resolution of the Ministry of Labor of Russia dated October 24, 2002 No. 73).

On the way to work
An injury is considered work-related if the employee traveled to (from work) using the employer’s transport and was injured. If in his own car - only if the employee used his own car by order of the employer or the use of the employee’s car for business purposes was stipulated in the employment contract (Articles 227, 230 of the Labor Code of the Russian Federation).

An accident cannot be considered production-related if the employee was traveling by public transport, driving his own car (without agreement with the employer) or walking.

If an employee at the end of the working day went on errands, for example, submitted reports, and then, without stopping at the office, went home and was injured on the way, then in this case the employee fulfilled the employer’s instructions to submit reports and from that moment stopped fulfilling his work obligations. responsibilities. Consequently, an injury received by an employee on the way home (unless he was traveling home in the employer’s transport) is not considered work-related.

Commission of Inquiry into Work Injury.

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

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

The length of the investigation depends on the severity of the injury. In case of slight damage, the commission gives an opinion within three days, and in case of hard work commission may last 15 days from the date of the incident. If the injury was assessed as minor but later turns out to be severe, the employer must notify all panel members within three days.

Payments for work injuries.

Let us remind you that the employee has the right to receive social benefits in the event of temporary disability (including injury) in any case. This is provided for in Art. 5 of the Federal Law of December 29, 2006 N 255-FZ.

If the employee’s health is damaged, the employee must be compensated for the earnings lost due to an industrial injury and expenses for medical, social and professional rehabilitation (Article 184 of the Labor Code of the Russian Federation).
At the expense of the Social Insurance Fund (FSS RF), temporary disability benefits are reimbursed in the amount of 100% of earnings (Articles 8, 9 of the Federal Law of July 24, 1998 No. 125-FZ “On compulsory social insurance against industrial accidents and occupational diseases ").

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 establishment of a medical and social examination (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 Social Insurance Fund (clause 2 of Article 8 125-FZ).
In addition to mandatory payments, the company has the right to provide other compensation or payments in a larger volume. Such guarantees may be enshrined in an industry tariff agreement. If the organization has signed this agreement, then it is obliged to pay increased security to employees.
And moral damages 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 in percentage is established by the institution of medical and social examination (Article 3, paragraph 3 of Article 11 No. 125-FZ). The amount of lump sum and insurance payments depends on it (Article 10 No. 125-FZ).
According to the severity of health damage, accidents are divided into severe and mild. The amount of payment for the treatment of the victim depends on this. The severity of the health injury is determined by the medical organization where the injured employee first sought help.
The List, approved by Order of the Ministry of Health and Social Development of Russia dated February 24, 2005 No. 160, lists health injuries in which an industrial accident is considered severe. If the accident is considered serious, additional costs for treatment and rehabilitation of the injured employee immediately after this accident (in a hospital, clinic, sanatorium) are paid from the Social Insurance Fund (clause 3, clause 1, article 8 No. 125-FZ).

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

Moral damage and statute of limitations.

The employer must also compensate the employee for moral damages (Articles 21, 22 of the Labor Code of the Russian Federation, paragraph 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 guilt 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 involving an employee.
Upon the statement of the victim (his relatives) that the accident was hidden by the employer or was investigated with violations, the state labor inspector, regardless of the statute of limitations, conducts an additional investigation of the accident (clause 25 of the Regulations). In practice, there are many cases where, after several years from the moment of injury, workers ( former employees), victims at work contact the competent authorities in order to establish the fact of an accident at work.
If the organization where the accident occurred has already ceased to exist by that time, the Rostrudinspektsiya, together with the Social Insurance Fund and the territorial trade union, conducts an investigation on its own. The labor inspector inspects the scene of the incident, interviews eyewitnesses and officials, studies internal documents of the employing organization and, based on the collected investigation materials, qualifies the accident as production-related or unrelated.

Record everything.

To obtain the compensation you are entitled to, you may need to prove a causal link between your work injury and the harm that occurred to your body. To prove this connection, you will need a doctor's report.
If the injury is severe and requires surgery, ask your doctor to also confirm that the surgery is related to the work-related injury. Otherwise, your employer may refuse to pay you for all of your medical expenses.

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 incapacity. The employee's salary should not be lower than what he received in a healthy state. Compensation payments are made monthly.

In progress labor activity any worker can be injured.

The scene of the incident can be either at work or within the office.

In such a situation, the victim must immediately report the incident to his immediate supervisor.

Primary Responsibilities of Management:

• provide first aid if there is a need to transport the victim to a medical facility;
• take measures to prevent an accident;
• maintain the scene of the incident.

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

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

• employee of the organization;
• student undergoing internship;
• a convicted person forced to work;
• a citizen brought to public works in court.

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

• working hours - performing duties in accordance with the job description;
• actions on behalf of the employer;
• performance of work stipulated by the employment contract.

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

And on the territory:

• employer;
• when traveling to a place of work or on a business trip using the organization’s transport. If the movement was carried out by personal transport, written confirmation of the consent of the management is required;
• other territories if actions are justified in accordance with employment contract.

Main types of injuries

Types of injuries that relate to industrial accidents can be divided into groups:

• bodily wounds, bruises, etc.;
• heat strokes;
• critical exposure to low temperatures;
• exposure to electric current;
• wounds caused by animals;
• damage due to emergency situations.

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

Registration procedure

To obtain an official medical report on the victim, you must submit a request with reference to response form 315-U.

Classification of the severity of industrial injuries:

• lungs;
• heavy;
• fatal.

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

If a person is seriously injured or death occurs, it is the responsibility of management to send a report of the incident to government authorities:

• the prosecutor's office;
• trade unions;
• labor inspectorate;
• social insurance fund.

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

To register a work-related injury, the organization immediately creates a commission.

The number of members is at least three, including a labor protection specialist, an employer representative and a trade union member. The committee is headed by the employer.

Important: if the case is serious or fatal, the commission includes members of regulatory state bodies chaired by a state labor inspector.

If desired, the victim or his representative may participate in the investigation.

Labor Code The period for conducting and recording the incident is regulated.

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

During this period, members of the commission perform:

• collection of documents confirming labor relations. What to do if lost work book? See more details;
• interviewing the victim, eyewitnesses and officials;
• inspection of the scene of the incident, including photography, drawing up plans;
• other measures necessary to determine the causes of the incident.

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

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

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

How is sick leave paid?

Code 04 is indicated on the sick leave certificate, if there is a work-related injury.

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

Additional payments are possible in case of work injury:

• payment of expenses for social, medical and professional rehabilitation;
• monthly payments in case of disability;
• lump sum payments to relatives in case of a fatal accident.

Amount of payments and compensations

Payment sick leave In case of a work-related injury, the employer is responsible.

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

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

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

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

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

Types of liability

Employer's liability

Code of administrative offenses establishes the employer's liability for violations of labor safety standards.

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

For example, If an employee does not have special clothing, the employer may lose 150 thousand rubles.

Important: Concealing an accident from government agencies will entail penalties of five to ten thousand rubles.

There is no statute of limitations for filing work-related injuries. An employee can submit a request to investigate an incident to the organization or the labor inspectorate at any time.

Criminal liability measures are applied in cases of severe and fatal injuries due to the fault of the employer and officials. Possible sanctions for serious injuries:

• a fine of four hundred thousand rubles;
• correctional work;
• imprisonment.

In case of death, imprisonment can reach five years.
apply to management in the usual manner, which is prescribed in the Labor Code. This could be a reprimand, reprimand or dismissal.

Employee Responsibility

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

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

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

The maximum reduction in insurance payment is 25%. The guilt of the deceased employee does not affect financial assistance dependents.

The investigation of any accident requires knowledge of labor laws.

To fulfill everything legislative norms and not receive any complaints from the state labor inspectorate.

Frequently asked questions

Who is on the commission to investigate an industrial accident?

Establishing the facts of injuries that occurred at work is the responsibility of 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 government agency, the other is an authorized representative of the trade union, and the third is an employee responsible for organizing labor safety in the organization (the person directly responsible for labor safety in the organization should not take part in the commission).

If there is an investigation into a group injury or injury with serious consequences (including death), in addition to the indicated persons, the commission includes:

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

If the consequence of an industrial accident 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 from the all-Russian trade union.

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

What is the procedure for reporting a work injury?

The procedure for reporting an accident at work is described in detail in Article 228.1 of the Labor Code of the Russian Federation.

In particular, if 2 or more employees were injured or a serious accident/fatality occurred, The employer must be notified of this within 24 hours:

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

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 company car who 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 must 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 Arbitration Court Northwestern district. The Resolution dated October 4, 2018 in case No. A05-1284/2018 emphasizes that in this situation the recourse claim of the FSS must be satisfied, even though in specific situation the insured and the tortfeasor are one 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 may change. 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).

What is a work injury

An industrial accident is an event as a result of which a person received injury or other damage to health while performing his duties under an employment contract and in other cases established by law, and which resulted in the need to transfer the employee to another job, temporary or permanent loss of his professional ability to work, or his death.

An injury is considered 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 work hours may also qualify 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 provided with first aid; depending on the severity of the injury, an ambulance may need to be called. When delivering the victim to medical organization you need to wait for his examination and obtain a medical report on the nature and severity of the work injuries received.

It is also necessary 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 photographs or filming it. Identify witnesses to the accident - their testimony can play an important role in establishing the causes of the incident.

Then comes the paperwork for a work injury. It is necessary to issue an order to create a commission to investigate the accident and begin the actual investigation.

Sample order for investigation

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 may be held accountable, both administratively and criminally, up to and including imprisonment.

And for failure to provide workers, officials can be fined in the amount of 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 responsibility to comply with them, if this entailed through negligence the infliction of serious harm to human health, is punishable by a fine of up to 400,000 rubles or in the amount wages or other income of the convicted person for a period of up to 18 months, or compulsory work 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 term with deprivation of the right to hold certain positions or engage in certain activities for a period 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 moral damage, the amount of which is determined by agreement of the parties or by the court.

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. Therefore, it is worth worrying in advance about how to avoid negative consequences or at least minimize them if an accident occurs.

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 resist wearing 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. Prompt and skillful provision of first aid to the victim can not only reduce the severity of the consequences of the injury, but also possibly 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 on the article or ask the experts a question to get an answer

No enterprise is insured against accidents. What to do if an employee is injured in an accident? How to file an injury at work and what should be paid to the injured worker? Read the answers to these questions below.

What is an industrial accident?

Accident at work is an incident as a result of which the insured person suffers personal injury or property damage. This event not only jeopardizes the life and health of the employee, but also creates the risk of an emergency.

If an accident occurs, the employee needs either a temporary or permanent transfer to another job and payment specified in the law cash. In addition, an accident requires a thorough investigation by both the employer and government agency executive power, as well as the subsequent registration of the procedure for paying compensation to insured workers.

All features of the action in the event of an accident, its consideration and investigation are regulated in detail by legislation, namely the Labor Code and Resolutions of the Government of the Russian Federation. To ensure that neither the rights of the employee nor the rights of the employer are infringed, it is necessary to strictly follow the sequence of actions prescribed by law.

When an accident occurs, an employee, as a rule, receives a work-related injury (injury or harm to health of varying severity) directly related to the performance of work duties. The Labor Code provides for a procedure for medical examination of injuries received or calculation of the amount of compensation in accordance with a medical report. If an employee, in addition to general insurance, has VHI insurance (voluntary health insurance), payments will be made by both the employer and the insurance company.

But not all injuries can be considered work-related.

An injury can be called an industrial injury if it is received:

• at the workplace;
• when traveling to the place of performance of duties;
• while on a business trip;
• when following workplace as a replacement.

Compensation payments for work injuries

One-time and monthly payments to injured worker

An employee who has lost the opportunity to work has the right to receive lump sum and monthly payments.

The one-time payment depends on the degree of loss of professional ability to work, based on the amount established by the Social Insurance Fund, for 2014 it is 80,534.8 rubles, and monthly payments are paid throughout the entire period of loss of ability to work, from the moment the fact of incapacity for work is established. The amount of monthly payments is determined by the insurance company based on the severity of the injuries. The maximum monthly payment for a work-related injury is 61,920 rubles in 2014. The obligation to pay compensation lies with the insurance company, and not with the employer, as it might seem.

Temporary disability benefit

The employer is obliged to pay sick leave to an injured employee in the amount of 100% of average earnings until the employee has fully recovered. Average earnings calculated for the last 2 calendar years. Please note that sick leave due to a work-related injury is always paid at 100%, regardless of the employee’s insurance coverage. The employer pays for sick leave, after which the paid amount is reimbursed to him by the Social Insurance Fund by offsetting this amount as insurance payments paid to the Social Insurance Fund.

Payment of additional expenses

An employee's recovery may be lengthy and additional treatment and rehabilitation may be required. Additional expenses must be paid by the employer, after which the Social Insurance Fund will reimburse him for the amount spent.

Compensation for moral damage

Its size is determined in court.

Documentation of work injury

Documentation of work-related injuries is carried out by the employer, providing employees with all necessary documents. For example, in the event of an accident on a service vehicle, an industrial injury is documented with the following documents:

• employer's order;
• technical passport of the car;
• certificate and traffic police about the details of the accident;
• results of medical examination.

In addition, the employer, based on the accident data, issues internal documents:

• notification of the accident is sent to authorities and organizations;
• act of inspection of the scene of the incident;
• report on an industrial accident, which is drawn up based on the results of the investigation. Drawed up in 2 copies and handed over to the victim and the employer - a form of statistical reporting on labor protection;
• consequence message emergency in production;
• log book. Based on the results of the investigation, an entry is made in the accident register;
• other investigation materials:
• order to create a commission;
• extracts from briefing logs;
• expert opinion;

A special commission conducts a preliminary inspection, following which a package of documents and the results of the investigation are transferred to the state labor inspector.

Actions of the employer in the event of an emergency situation

An employee has been injured at work; the employer must take immediate action.

In the event of an emergency at work, the employer must strictly follow the sequence of actions prescribed by the Labor Code of the Russian Federation.

1. Organize first aid for all victims on the spot or call an ambulance.
2. Immediately take measures to eliminate the consequences of the accident to avoid further damage.
3. Inform the state labor inspectorate, prosecutor's office and insurance company, as well as in the event of the death of an employee of his relatives.
4. Take measures to preserve the situation of the accident.

According to Article 228.1 of the Labor Code of the Russian Federation, depending on the severity of the harm and the employee, a notice is sent to:

• to the executive authority of the Russian Federation;
• to the prosecutor's office at the place of the accident;
• V executive body insurance company;
• to the employer, if the employee was sent to another area.

The employer is then required to create a commission of three people and begin an investigation into the accident. During the work of the commission, the employer is obliged to provide the participants in the investigation with:

• transport;
• laboratory equipment;
• office space.

Based on the collected materials, the commission draws up an act in which it answers questions about the causes of the accident, those responsible and payments to injured workers, and then transfers all materials to the labor inspectorate. The investigation period is no more than three days, and in case of severe injury and death no more than 15 days.

The employer is obliged to take all measures to prevent the consequences of an emergency, pay compensation and objectively and promptly investigate an industrial accident, otherwise inaction may result in criminal liability.