Domestic injury at work during non-working hours. What should an employer do in case of a work injury?

If an employee of the organization was injured at the workplace, it will be considered industrial and, accordingly, requires its appropriate registration.

Let's take a step-by-step look at how to document an incident, what difficulties may arise and what ways of solving them have been developed in practice.

1. Firstly, if it so happened that an employee of the organization was injured at the workplace, the first thing to do is to provide him with first emergency medical care, call an ambulance service, or independently organize transportation to a medical facility. The employee is sent to a medical facility to provide him with assistance, fixation and assessment of the damage received. It is advisable to notify his relatives about the incident. At the same time, it should be remembered that, in accordance with the current legislation, accidents that occurred with employees and other persons participating in the production activities of the organization, in the performance of their labor duties or in the performance of any work on behalf of the employer, as well as in the implementation of other lawful actions due to labor relations with the employer, or performed in his interests. If several people were injured at the same time, the injuries are severe, and also in case of death, the state labor inspectorate, the prosecutor's office at the place of the incident, the local government and the insurance organization at the place of registration of the employer as an insured must be notified.
2. If the situation in which the accident occurred with the employee does not threaten the life and health of other persons in the organization, then the employer is obliged to take measures to preserve it, and if it is impossible to preserve it, to fix the current situation in any publicly accessible way - using a photo - or video filming, or by drawing up a diagram and protocol of inspection of the scene.
3. Further, immediately, by order of the director, a commission is organized that will investigate the incident, including determining the degree of guilt of the employee in what happened. The composition of the commission must be at least three people. The state labor inspector must be included in the composition of the commission if several people were injured at the same time, the injuries are severe, and also in the event of the death of an employee. In addition, the victim himself or his representative has the right to take part in the investigation of what happened. Based on the results of the investigation, an act is drawn up. If the victim or his representative does not participate in the process of investigating the circumstances of the injury, they have the right to familiarize themselves with the audit material.
4. The investigation into the circumstances of the incident should include the following actions by the commission:
   • inspection of the scene;
   • interrogation of witnesses of the incident;
   • questioning the victim;
   • an assessment of the data obtained in the aggregate is given.
   In addition, it should be borne in mind that the investigation must be carried out within three days, in case of serious injury or death of the employee - within fifteen days, if the results of the examination or any research are expected, the investigation period may be extended for another fifteen days.
5. It should be remembered that if an employee is injured on the way to the place of work, in accordance with applicable law, this can also be considered an occupational injury. The employee must notify his employer of the incident, after which the employer proceeds in the usual manner, as in the investigation of an accident, performing all the actions described above.
6. After the commission draws up an act at the end of the investigation, the victim himself is introduced to it. The victim may not agree with the conclusion. In this case, he has the right, including compensation for non-pecuniary damage.
7. In accordance with the current legislation, the employee has the right to receive social benefits in the event of temporary disability (including injury) in any case. In addition, 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; 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 and is determined by the institution of medical and social expertise. In a larger amount, payments may be provided for by a collective agreement or other local act of the organization. Moral damage caused to an injured employee may be determined by an agreement concluded between the employee and the organization.

Search for a solution yourself or entrust the work to a lawyer?

It is better to entrust the work on labor law to a lawyer or lawyer. Believe me, he knows the subtleties and nuances that will help you not only save time, but also avoid critical mistakes. And you can find experienced lawyers from any city in Russia at YurProvodnik.

8. It should also be remembered that the current legislation, in particular, Art. 15.34 of the Code of Administrative Offenses of the Russian Federation, administrative liability is provided for concealing the occurrence of an insured event by the insured in case of compulsory social insurance against industrial accidents and professional duties - in the form of an administrative fine.

Not a single company is insured against an accident. What should I do if an employee is injured in an accident? How to file an injury at work and what needs to be paid to the injured employee? 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 damage to health or property. This event endangers not only the life and health of the employee, but creates the danger of emergency situations.

In the event of an accident, the employee needs either temporary or permanent transfer to another job and the payment of funds specified in the law. In addition, an accident requires a thorough investigation by both the employer and the state executive body, 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 Decrees of the Government of the Russian Federation. In order for neither the rights of the employee nor the rights of the employer to be infringed, it is necessary to strictly follow the sequence of actions prescribed by law.

In the event of an accident, the employee, as a rule, receives an industrial injury (injury or harm to health of varying severity), directly related to the performance of labor duties. The Labor Code provides for a procedure for medical examination of injuries received or the calculation of the amount of compensation in accordance with a medical report. If an employee, in addition to general insurance, has VHI (voluntary medical insurance) 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 a work injury if it is received:

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

Work injury compensation

Lump sum and monthly payments to an injured worker

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

The lump-sum 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 80534.8 rubles, and monthly payments are paid throughout the entire period of disability, from the moment the fact of disability is established. The amount of monthly payments is determined by the insurance company, based on the severity of the injuries. The maximum amount of monthly payments for an industrial injury in 2014 is 61,920 rubles. 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 the injured employee sick leave in the amount of 100% of the average earnings until the employee fully recovers. Average earnings are calculated for the last 2 calendar years. Please note that sick leave due to an industrial injury is always paid at a 100% rate, regardless of the employee's insurance experience. The employer pays for the sick leave, after which the FSS reimburses the amount paid to him by offsetting this amount as paid insurance payments to the OSS.

Payment of additional expenses

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

Compensation for moral damage

Its size is determined by the court.

Documentation of work injury

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

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

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

• notification of an accident is sent to authorities and organizations;
• act of inspection of the scene;
• act on an accident at work, which is based on the results of the investigation. Compiled in 2 copies and transferred to the victim and the employer - a form of statistical reporting on labor protection;
• report on the consequences of an emergency at work;
• registration log. 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 the instruction logs;
• expert opinion;

A special commission conducts a preliminary check, as a result of 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

The employee was injured at work, the actions of the employer must be followed immediately.

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

1. Organize the provision of first aid to all victims on the spot or call an ambulance.
2. Immediately take measures to eliminate the consequences of the accident in order to avoid further damage.
3. Inform the state labor inspectorate, the prosecutor's office and the insurance company, as well as in the event of the death of an employee, 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, the notification is sent:

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

The employer is then obliged to set up a commission of three people and start 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, about responsible persons 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 accident at work, otherwise failure to act threatens with criminal liability.

A work injury is a consequence of an accident that took place at work with an employee.

This is always unpleasant for both sides of the employment relationship. In Art. 5 of the Federal Law of July 24, 1998 No. 125-FZ “On Compulsory Social Insurance against Industrial Accidents and Occupational Diseases” states that every employee who works under an employment contract is subject to compulsory accident insurance.

This means that in case of an industrial injury, the employer is obliged to pay compensation to the employee if the latter was injured in the course of performing his labor functions.

Recognition of work injury

In order for the injury to be recognized as a work injury, and for the employee who received it to be able to count on all due payments and benefits, several important steps must be taken. This must be done on the day of the injury:

• call a doctor, go to a first-aid post or call an ambulance to provide first aid to the victim;
• the appeal must be completed in accordance with all the rules. This needs to be followed up. If the victim himself is unable, it must be done by someone else;
• call the head of the structural unit to the place where the accident occurred. If there is such an opportunity, then you need to call the head of the enterprise himself;
• the victim must have witnesses who will confirm the fact that he received the injury at this place and during working hours.

No matter how severe the injury, you first need to fix it, and only then go to the hospital. This is a big minus in recognizing a work injury. If there is no fact of proper recording of the injury received by medical personnel, or there are no witnesses of its receipt, it will be quite difficult to recognize it as a production one. But if there is at least some fixation or one witness, it is necessary to apply to the employer with a written statement recognizing the fact of injury at work. The employer is obliged to appoint an appropriate investigation in accordance with Art. 229 - 231 of the Labor Code of the Russian Federation. If he does not do this, then the victim has the right to file a complaint with the labor inspectorate or file a lawsuit in court to recognize this fact and assign appropriate payments to him.

Payments for a work-related injury are equal to the amount of payment for a sick leave, if the employee needed one, and compensation for his medical expenses. This is indicated in article 184 of the Labor Code of the Russian Federation.

First, the employer pays compensation to his injured employee, and then he reports to the FSS, providing sick leave and other documents. In addition to the sick leave, the rehabilitation of the injured employee takes place at the expense of the FSS. The need for rehabilitation, as well as the severity of the harm caused, is assessed by a medical and social examination, which must be passed if serious harm has been done to health, and we are talking about assigning one or another degree of disability to the victim. In order to make such payments, it must be established that the injury received is precisely an industrial injury at work.

Such an injury is recognized not only as an injury received at the workplace, but also as an injury received at the time when the employee was traveling to work or home from work in the employer's transport.

If the employee used his own car, then the employment contract must stipulate that the employee has the right to use his own car to perform his work functions or official purposes. The severity of the injury is determined by the medical institution where the victim applied for help. The duration of the investigation, which is conducted by a specially created commission, also depends on this.

If the injury at work is mild, then the commission can complete the investigation in 3 days, if the injury is severe or fatal, then the investigation period is extended to 15 days. Not only the duration of the investigation, but also the amount of compensation payments depends on the severity of the harm to health. That is, the medical and social examination establishes the severity of the harm as a percentage.
Exactly in this percentage, the employer must reimburse the employee for compensation for medicines and medical care. Sick leave, in any case, is paid in the amount of 100% of earnings.

Actions of the employer and employee in case of work injury

In order for an injury to be recognized as work-related, the correct procedure is required, both on the part of the employee and the employer:

• it is necessary to call a doctor or any other medical worker who will record the injury itself. Without this fact, no payments will be made. Therefore, even if the condition of the victim is critical, you first need to fix the fact of the injury, and only then go to the hospital;
• the employer must be present at the fact of fixing. If the employer himself cannot (especially at large enterprises where there are production and other workshops), his deputy or the head of the structural unit in which the victim works must be present;
• it is imperative to draw up an act that will be signed by the employer and witnesses of the incident;
• An investigation into the incident is immediately launched. If harm is done to health, then the investigation is carried out at the expense of his funds;
• The commission for the investigation must consist of at least 3 people. The number of committee members must be odd. It may include:
  • labor protection employee, or the person who is responsible for labor protection at the enterprise;
  • an employee who is a representative of the employer or the employer himself, if possible;
  • a representative of a trade union or other body that is representative of workers.

The obligations of an employer in the event of a work injury are as follows:

• he must provide the victim with all the necessary assistance. If hospitalization is required, the employer must ensure that the ambulance takes the employee to the hospital. If the brigade was not called, but decided to go to the hospital on their own, then the employer must provide transport;
• conduct a thorough investigation of what happened;
• make all necessary payments to the affected employee;
• must comply with the lines of drawing up an accident report. If the injury is light, then the act is drawn up within 3 days. The degree of "lightness" or "severity" is determined on the basis of the opinion of physicians;
• even if the injury occurred through the fault of the employee, compensation is paid, but in a smaller amount.

Payment types

There are several types of payments that are assigned to the injured and injured at work:

• sick leave payments. These payments are made at the expense of the funds that the employer deducts for insurance against accidents and occupational diseases. Regardless of the length of service, sick leave is paid in the amount of 100% of the average earnings of this employee. This value is calculated based on the employee's earnings for the last year. The basis for calculating payments is a certificate of incapacity for work, duly executed in the medical institution where the victim received treatment.
• lump sum payment. Its size depends on the degree of disability suffered by the injured. It is paid in the amounts established by the FSS. In 2016, the maximum amount of such payment is 80534.8 rubles;
• monthly payment. It is paid to the employee until he fully recovers. The amount of the payment is equal to the average earnings of the affected employee for the last year. It is indexed every year. Its maximum value in 2016 is 61,920 rubles per month. This limit is set by paragraph 12 of Art. 12 of Law No. 125 - Federal Law;
• additional expenses. Such payments include compensation by the employer for expenses for:
  • provision of qualified paid medical care to the victim;
  • purchase of medicines;
  • purchase of special means necessary for careful care of the victim;
  • payment for the services of the necessary equipment or transport for its transportation.
These payments are made at the discretion of the employer and are not reimbursed from the FSS. An exception is the payment of additional leave necessary for the rehabilitation of the victim.
• compensation for moral damage. If there were not only material costs, but also moral suffering, the victim can apply to the court with a claim for compensation for moral harm.

If the commission determines that the employee suffered minor harm to health, then all compensation payments will be made not at the expense of the FSS, but at the expense of the employer.

The employee is also entitled to compensation for moral damages. Its value can be determined by agreement of both parties. If the employee is not satisfied with the amount of damages to be compensated, then he can apply to the court with a statement of claim at the location of the defendant.

In addition to mandatory payments in case of injury at work, the employer has the right to pay additional compensation. It can be issued at a time by the order of the employer, or it can be specified in the labor or collective agreement.

Compensation for lost earnings

In Art. 184 of the Labor Code of the Russian Federation says that if an employee is injured at work, then the employer is obliged to compensate him for the earnings not received during these days. But there are several features when recovering lost earnings in favor of an employee.
It should be understood that “lost earnings due to forced absenteeism” and “lost earnings due to work injury” are different concepts. These are different types of compensation for harm in favor of the employee, to which different methods of calculation are applied.

Law No. 125-FZ states that an injured worker has the right to compensation for harm caused to his life and health. While he is on sick leave, he does not receive a salary. Even after leaving the hospital, the injured worker cannot always work at full strength. Sometimes it takes a long time to recover.
Therefore, the earnings that he does not receive all this time are subject to compensation. First of all, it is necessary to determine from what moment it is necessary to compensate for the lost earnings.

The victim receives a sick leave benefit in the amount of 100% of his average earnings for the last year. But in Art. 1085 of the Civil Code of the Russian Federation states that he has the right to receive the entire amount of earnings lost during this period. It is collected from the employer, as from the tortfeasor. The amount of compensation is 100% of earnings for these days.

How to get paid

In order to receive all due payments, the employee must bring a sick leave and other documents that confirm his expenses for treatment. To receive disability benefits, you do not need to write additional applications. And in order to receive compensation for medicines and other expenses, it is necessary to write an application addressed to the employer with a request to pay him the indicated amounts. All necessary documents and checks are attached to the application.

Part of the payments is made at the expense of the employer, and part - at the expense of the Social Insurance Fund. For example, compensation for medicines is at the expense of the employer, and compensation for additional leave is at the expense of the fund.
Within 10 days after writing the application, it is considered by the representative of the FSS. He also decides on the payment of compensation. The decision is made after the expiration of the specified period. The lump-sum allowance is transferred to the applicant's account immediately after a positive decision is made by the fund's employee.

If the employer refuses to make payments or does not do it in full, you must contact the labor inspectorate with a complaint about the illegal actions of the employer. The complaint will be investigated.
Filing a complaint with the labor inspectorate does not deprive the injured citizen of the right to self-defense of his labor rights. That is, he can apply to the court with a claim for reimbursement of expenses incurred for his treatment.

The Constitution of the Russian Federation states that an employee has the right to work in conditions that meet the requirements of safety and hygiene (part 3 of article 37), everyone is guaranteed social security by age, in case of illness, disability, loss of a breadwinner and in other cases established by law ( part 1 article 39). It is echoed by the Labor Code of the Russian Federation (Article 219).

However, judicial practice proves that an accident at work is a fairly common occurrence. And employers are not in a hurry to pay. Moreover, an employee who has become disabled is in a hurry to be fired as soon as possible.
In detail, which injury is a work injury, was analyzed in the material. Let's take a look at what to do if you get injured at work.

Stage 1 Fixing an industrial injury
Call a doctor to conduct examinations and remove injuries. Then the immediate supervisor. Ask witnesses to the incident to tell your supervisor about what happened. After the fact of the injury is recorded, you can go to the hospital.

Many employers are unscrupulous and try in every possible way to delay the payment of compensation or avoid it altogether. To minimize this risk and deprive the employer of the opportunity to avoid paying compensation, you will need a doctor's opinion that will establish a causal relationship between the work injury and the harm caused to the body.

If the injury is severe and surgery is required, ask the doctor to confirm this connection. If there is an official opinion, the employer will not have a chance to refuse to pay you compensation and financial costs in connection with the treatment.

The employer is obliged to draw up an act within a day after the incident (according to Article 228.1 of the Labor Code of the Russian Federation). Please note that it is made in three copies with the obligatory filling in of all fields.

IMPORTANT! If the employer refuses to draw up a work injury report, he violates your rights and the law. In this case, the labor inspectorate should be involved.

It would be useful to study articles 228-231 of the Labor Code of the Russian Federation - if you are denied the issuance of an act, your other rights may also be violated.

If the situation is critical, you can contact the prosecutor's office - a criminal case can be initiated against the responsible persons.

Stage 2 Commission and investigation of work injury
The duties of the employer include: first aid to an employee injured at work, if necessary, delivering him to the emergency department, drawing up a protocol that indicates the details of the incident.

In accordance with Article 227 of the Labor Code of the Russian Federation, industrial accidents are subject to registration and investigation. 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 work 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, an employee violated safety regulations, the chances of receiving treatment compensation from the employer are drastically reduced.

All alcohol and drug-related accidents are considered on a case-by-case basis, based on the specific circumstances and available evidence. If a person just came to work drunk and got injured, there will be no payment. But if he works at a vodka production plant, inhales it and gets injured, he will receive compensation.

If the injury is of mild severity, the conclusion of the commission must be ready within three days. In the event of a severe injury, no more than 15 days should elapse from the moment of the incident. If the commission failed to cope with the task within the time limits that were set earlier, the duration of its work may be extended for another 15 days.

Severe cases 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 the rest are considered to be light - a concussion, a simple fracture, muscle strains, and so on.

Step 3 What are the benefits for work injury
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All employees are subject to compulsory social insurance - this is the responsibility of the head of the enterprise.
All injured employees with whom an employment contract or work contract has been concluded are entitled to compensation for injuries (Article 3 of Law No. 125-FZ). In the second case, the employer assumed the obligation to pay contributions to the FSS.

If he refuses to do so, the victim may be able to recover by suing the offending business. At the same time, according to the Decree of the Plenum of the RF Armed Forces No. 2, the effect of Law No. 125-FZ applies not only to Russians, but also to foreign citizens and even stateless persons. If you work part-time in several organizations, you have the right to demand compensation from all places of work by providing a copy of the accident report.

IMPORTANT! Reimbursement can be received even by a person who is not registered under an employment or other contract. The Supreme Court clarified that in such a case, the arbitrators may take into account the usual amount of remuneration of the employee in his profession at the time of claiming insurance payments.

Compensation in connection with an accident occurs from the day on which the accident occurred. The main document that confirms the accident is the sick leave. If the employee has lost his ability to work for a long time or forever, a medical and social examination is carried out, an accident report is drawn up in the form of H-1 and / or an occupational disease report, and a conclusion of the medical and social examination is drawn up.

To date, the following types of social insurance are provided:
. temporary disability allowance due to an accident at work (100% of the amount of average earnings);
. lump-sum insurance payment, the payment is made only once, immediately upon the fact of illness (injury). If it turns out later that the person suffered more than it seemed at first, this payment cannot be recalculated .;
. 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 the place of treatment and back).

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

If the insured person died as a result of an accident at work, then his relatives - children, as well as disabled persons dependent on the deceased (or who received such a right after the death of the insured) will receive compensation.

The maximum amount of these insurance payments is established by the federal law on the budget of the FSS each year. The maximum limit for payment of additional expenses for medical, social and professional rehabilitation of the insured, as well as the conditions and procedure for payment are determined by the Regulation on the payment of additional expenses for medical, social and professional rehabilitation of insured persons who have received damage to health due to accidents at work and occupational diseases, approved by the Decree Government of the Russian Federation dated May 15, 2006 No. 286.

In the event of an occupational illness, the average monthly earnings may also be determined for the last 12 months of work preceding the incident that caused the illness. When calculating benefits, all positive changes in the salary of the victim must be taken into account: bonuses, upward indexation, etc. (clause 10 of the Resolution of the Plenum of the Armed Forces of the Russian Federation No. 2).

If in the end the employee does not have enough money that the FSS will reimburse him, he can receive additional funding directly from the employer who caused the accident. To do this, the victim must sue the employer.

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, self-harm and injuries 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) are not associated with the production.

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 “Minor accidents”, while others will have more serious injuries. Accordingly, they are equated to heavy.

5. Microtrauma. From the point of view of 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 a medical organization, they bandage him, 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, the State Duma is discussing a bill that will oblige managers to investigate and take into account all the 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. For this purpose, new technical solutions are applied, measures are introduced to improve the quality of labor protection training for workers, 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, at whose workplace an industrial injury was admitted, is the unscheduled inspection of the GIT associated with it. 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 eliminated. 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;
• violation of state requirements for labor protection.

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

It should be understood that the responsibility for various areas of ensuring the safety of production processes is 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

Of course, the victim is most interested in the timely detection and proper registration of the injury. 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 an 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 have been impaired (for example, excretory, reproductive functions). 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 comes out of maternity leave or the child reaches the age of 18 (subject to admission to the institute for the full-time department - up to 23 years).