An accident at work, or an industrial injury, is a damage caused to the health of an employee as a result of the performance of his duties and resulting in temporary disability, disability or death.

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To classify an accident at work as an occupational injury, a number of conditions must be met and the presence of legally approved signs of an accident is required. If the injury is recognized as work-related, the employer is obliged to make the due payments and compensation in favor of the injured employee or his family.

Conditions and signs

For an injury to be recognized as a work injury, it must have two main features:

• the injury occurred at the workplace;
• damage to the health of the employee was caused during the performance of the worker employment contract official duties or actions performed on the direct orders of the employer.

At the same time, a workplace does not necessarily mean a certain territorially limited production area. If an employee fulfills his official duties according to the contract, during the working hours established by the order of the head, this allows us to qualify the injury as a work injury. This condition applies in full measure to holidays, weekends, lunch breaks, overtime work.

There are a number of additional conditions that help qualify an incident as a work-related injury:

• the employee was injured on the way to work if he got to the workplace in a working vehicle or in a private car used for production purposes;
• the accident occurred on a business trip, including the period of travel;
• the incident that caused the injury occurred during the rest between shifts, if the rotational method of work is used.

This list is not final. So, if an injury was received during a break for lunch or rest regulated by the order of the director, then it will be recognized as production only if the employee has not violated any internal safety regulations regarding the place or rules for eating (rest).

Payments and compensation for work-related injuries in 2019

Work injury is the basis for payments and compensation to the employee. The amount of the amounts paid is regulated by law and is subject to regular indexation, as it is directly related to the established salary.

Legislatively approved payments can be made both from the Social Insurance Fund (FSS), where the employer makes monthly payments to the employee, and from the employer's own funds if his fault is established in what happened.

Payment types

The employee is entitled to receive the following payments directly related to injury at work:

• payment of a one-time insurance;
• monthly insurance payment;
• payment of expenses related to treatment, care, rehabilitation of an injured employee and some other items.

Payments must be made in full compliance with labor legislation within the time limits established by law.

sick leave

On the basis of the sick leave received at the medical institution, the victim is paid for the entire period of treatment. At the same time, seniority does not matter for calculating the amount of benefits.

The employer must pay the average wages for a period of temporary disability in full. To calculate the average salary, information is taken from the two calendar years preceding the event. However, if concomitant violations of labor discipline (alcohol or drug intoxication) were found, the amount of sick leave pay can be significantly reduced.

Insurance payments

The amount of the lump-sum payment from the insurance company is indexed annually and cannot exceed the maximum established amount. Based on the conclusion of a medical examination conducted by a licensed medical institution, the amount of the insurance payment is assigned. The degree of disability and the damage caused to the health of the victim are taken into account.

In 2019, the lump sum allowance cannot exceed 80,534 rubles. Exceed the set maximum value when work injury impossible. It is established on the basis of a special government decree regulating the issues of disability due to both trauma and occupational diseases. However, the family of the deceased will be paid 1 million rubles. In addition, the employee is paid monthly insurance amount equal to a certain percentage of his average monthly salary.

It is calculated according to the coefficients applied depending on the degree of disability, but cannot be higher than 61,920 rubles in 2019.

Once calculated amount is further indexed. Payments will continue until full recovery. In the event of a permanent disability or the inability to restore lost functions, the employee will receive the amount of the payment for life.

If the investigation of the incident reveals the employee's fault in what happened, the amount of monthly compensation payments paid will decrease. Max level reduction in payments - no more than 25 percent.

Additionally

An injured worker has the right to receive compensation for the additional expenses incurred by him. According to the government regulation, the paid additional expenses include those directly related to treatment and further physical and vocational rehabilitation.

The list of positions subject to material compensation from the employer is as follows:

• treatment;
• purchase of medicines and means of rehabilitation;
• purchase of patient care products;
• payment of transportation costs for the delivery of the victim to the place of treatment (rehabilitation) and back;
• purchase of prostheses;
• professional retraining.

Payment of such expenses is made by the employer, further compensating them at the expense of the FSS.

In addition, the payment of funds may be assigned on the basis of a court decision on the infliction of moral harm to the employee. The defendant in this process must be the employer or the person who caused harm to the health of the victim at the time when he was performing his job duties.

The amount of this payment is determined by agreement between the plaintiff and the defendant or is appointed by the court. Most often, the company resorts to paying moral time in order to avoid paying compensation.

How to receive

To obtain compensation payment after an industrial injury, you should collect a complete package of supporting documents, write an appropriate application in the approved form and send the papers to the FSS department. An authorized employee of the Fund is obliged to make a decision on this issue within the time limits established by the regulations, that is, no later than ten days after receiving the package (excluding weekends and holidays).

The package of documents includes the following papers:

• an application in the prescribed form (compiled by the victim himself or his representative);
• an act signed by members of the commission investigating the event;
• the conclusion of the Bureau of Medical and Social Expertise on the state of health, the degree of the applicant's ability to work;
• copies of the employment agreement (contract);
• filled employment history(copy);
• official .

If a positive decision is made, the amount due will be paid to the victim.

The lump-sum allowance is paid immediately after the decision is made. If the incident resulted in the death of an employee, compensation is paid to the next of kin.

Employer actions

Legislation in part of Articles 228-231 Labor Code regulates the actions of the employer after the occurrence of an event related to an industrial injury. Management is obliged to begin immediate work to investigate the incident and provide competent primary assistance to the victim.

The employer steps are as follows;

1. Provide first aid to an injured worker. If necessary, immediately deliver it to the nearest medical facility.
2. In case of danger to other employees, involve competent services in the elimination of the consequences of the event, ensure the safety of other members of the labor collective.
3. Record the fact of the accident in the journal in the form N9.
4. Notify the relatives of the injured worker about the incident.
5. Within 24 hours, submit information about the incident to the municipal branch of the Social Insurance Fund at the place of registration of the employer.
6. Organize a production commission to immediately investigate the incident. The law establishes the period of work of the commission: from three days to two weeks.
7. Interview all witnesses to draw up an accurate picture of what happened, enter information in a special form.
8. Document the results of the interview of witnesses and the conclusions reached by the members of the commission.
9. A special form of inspection of the scene of the incident must be filled out. If possible, photographs and videos should be taken.
10. Obtain the results of a medical examination of the victim, where information should be given on the severity of the injury, the presence / absence of signs of alcohol intoxication or toxic poisoning. The received data should be reflected in a special form.
11. Complete Form H1 in duplicate if the incident is considered a work-related injury.

Worker actions

To guarantee the receipt of all due payments and compensations, the employee must know the procedure for a possible injury.

The first step is to document the injury. This can only be done by a doctor after a visual examination and examination of the nature of the damage. That is why, having been injured, an employee must call a doctor, get the result of an examination at the production site, and then go to a medical facility. Of course, this option is only suitable for minor injuries that do not require immediate hospitalization.

It is necessary to notify the head of the company about the incident. At this stage, the help of witnesses is invaluable, since on the basis of their words a picture of the incident will be drawn up.

In a medical institution, you need to get a detailed report on the injury, its severity, medical appointments. The document must contain the date of the inspection. This will help to argue your position in case of dishonesty of the employer. With a competent medical report, the risk of non-receipt of payments and compensation is reduced to almost zero.

You should be aware that the accrual of compensation begins from the day of the actual incident. Anything else is a direct violation of the law. The basis for payment is a properly executed sick leave. In serious cases, when restoration of health and return to previous duties is not possible, an opinion from the ITU is required.

Despite the application of safety regulations under manufacturing enterprises, the use of potentially dangerous machines and mechanisms, accidents and other emergencies often cause injuries and injuries to company employees. In order to protect the rights of hired personnel and provide guarantees for specialists whose health has been damaged, in the Russian labor law introduced the concept of work injury.

Occupational injury is damage to the health of an employee as a result of an accident in the course of production activities. The result of a work injury can be the transfer of an employee to another job, temporary disability, disability, and even death.

Since it is impossible to completely eliminate the possibility of industrial injuries in the operation of the enterprise, each employee is insured against accidents and occupational diseases without fail (Article 5 No. 125-FZ).

If the incident did occur, then it requires a detailed investigation to identify the causes and consequences of the emergency. Based on its results, the main conclusion is formed - is it possible for the harm caused to the employee by an industrial injury.

The investigation process, which is organized and supervised by the employer, involves (Articles 228-229 of the Labor Code of the Russian Federation):

• creation of a special commission and collection of all necessary documents;
• detailed assessment of the incident site;
• determination of the causes of the accident and the guilt of the victim;
• taking measures to eliminate the consequences of the emergency and eradicate its causes.

It is worth adding that even before the start of an accident investigation, the employer is obliged to provide the necessary assistance to the injured specialist and ensure that he receives qualified medical care.

What injuries can be considered work-related?

Any accident that led to the occurrence of an industrial injury, the Labor Code of the Russian Federation requires to investigate, evaluate and take the necessary measures to eliminate the consequences and prevent the occurrence of similar situations in the future.

It should be noted that not only those incidents in which the company's staff members were injured, but also student trainees, part-time workers, representatives of other organizations involved in the production process within the enterprise (for example, instructors explaining the features of the equipment, etc.) as well as citizens involved in public works.

To identify a work injury, there are a number of important signs:

• Firstly, the incident occurred within the organization at a time when the employee was at his workplace or on a break provided for in the individual and collective labor agreement;
• Secondly, the accident took place when the employee was sent to work or on a business trip, regardless of the type of transport and mode of movement;
• Thirdly, the injury was received during working hours, which includes not only the period allocated for the performance of labor duties, but also the authorized break and the time for preparing and cleaning the workplace (if such are prescribed in the employment contract).

At the time of the accident, the employee must perform duties in accordance with the job description, carry out other types of activities on behalf of the employer, be on a break considered in the employment agreement.

Why is it important to identify a work injury? If the fact of its receipt is proved, then the employee has the right to material compensation from the employer in the form of 100% sick leave and covering part of the costs of treatment and rehabilitation (Article 184 of the Labor Code of the Russian Federation).

What are the types of work injuries?

All injuries that an employee of an enterprise may receive in the course of production activities are subject to classification, since the type of qualified assistance provided to the employee and the amount of material compensation depend on this.

In general, there are such types of industrial injuries:

• physical injuries and bruises;
• results of exposure to critical temperatures - frostbite and heat stroke;
• electric shocks;
• animal bites and scratches;
• injuries resulting from catastrophes and other global emergencies.

An industrial injury occurs when its main condition is observed: the employee is temporarily or permanently suspended from work duties.

The medical and social commission also assesses the received industrial injuries according to the severity. In the future, in case of a minor injury at work, a sick leave for an employee opens for 3-5 days, and in case of a severe one, for at least 10 days.

How is a work injury treated?

An occupational injury will be recognized as such only if the injured employee has an official conclusion from the medical commission indicating the severity of the injury. Without this document, he will not be paid compensation at the place of work.

How to register the fact of an industrial injury and get the guarantees prescribed by law?

• Immediately after receiving an injury, it is necessary to notify the employer, who is obliged to immediately take measures to hospitalize the employee;
• Prepare a request to a medical institution for an opinion on Form 315-U (in which the injury is identified as mild, severe and fatal);
• Present the received document to the employer.

If the injuries that the employee received during the incident turned out to be extremely severe and after some time he died, then his employer is obliged to report the incident to such state authorities as the prosecutor's office, the regional trade union organization, the Federal Labor Inspectorate and the FSS. Written notifications must be sent within 24 hours of death.

Moreover, in case of any outcome of an accident at the enterprise, a commission of three or more members is created within three days, which is authorized to investigate what happened and formulate instructions to the employer.

The commission includes representatives of the employer (employees responsible for the implementation of safety standards) and the trade union. In case of causing serious harm to the health of a specialist or his death, representatives of local authorities, investigators and state labor inspectors are also involved in the work of the collegiate body.

What activities are called upon to carry out the accident investigation commission?

• First, collect all documents and other evidence of the incident;
• Secondly, to talk with the injured employee and eyewitnesses of the emergency;
• Thirdly, to identify the causes of what happened and the degree of fault of the employee and employer;
• And, finally, formulate an act based on the results of the work done, as well as instructions to the employer to correct the situation and eradicate its causes.

For minor injuries, the investigation lasts no more than 3 days, and for severe and fatal cases - up to 15 days. If in the course of the events new circumstances are discovered that require detailed study, the investigation period is extended for another 15 days.

All documents drawn up as a result of the investigation of an industrial injury are transferred to the controlling state authorities (Federal Labor Commission, trade union organization, etc.), the injured employee and the employer. They have been kept in the archives of the latter for at least 45 years.

What is the employee's compensation?

Upon receipt of an industrial injury, the employee is issued a sick leave, in which the code “04” is prescribed. This means that workplace injury payments will be equal to the employee's average daily wage.

It should be noted that the injured employee has the right to count on additional insurance payments in case of an industrial injury:

• to ensure medical and social rehabilitation;
• for maintenance during the period of temporary disability;
• to cover part of the cost of burying a deceased worker.

If the employer pays the sick leave, then all other costs are paid at the expense of the FSS. At the same time, the employee receives temporary disability benefits at the employer's cash desk on the days of salary payment.

When an accident is investigated by law enforcement agencies, they can reveal the intent of the worker in it. Upon confirmation of such a fact, the latter is paid a sick leave, but temporary disability benefits are deprived.

What are the responsibilities of the employer and employee?

An accident at work can have a variety of causes. However, taking into account the fact that the incident occurred on the territory of the employer during the use of his equipment, then the responsibility for it can be assigned to the organization.

At the same time, the company may have safety regulations that the employee has not complied with. In addition, the latter may be irresponsible or negligent, which can cause injury at work.

In this regard, it is important to determine what types of responsibility can be assigned to the employee and the employer.

1. Disciplinary responsibility of the employer

It is applied in the event that an employee receives a minor injury due to the fault of the employer (for example, if the employee was not properly familiarized with safety regulations). In this case officials may be fired or fined.

2. Administrative responsibility of the employer

It is used in the event that the enterprise does not fully comply with the rules of work prescribed by legislative acts and industry instructions. Such actions may result in fines and suspension of the company.

For example, the absence of workwear among hired personnel may result in a fine of up to 150,000 rubles, and concealment of an incident from authorized state structures - up to 10,000 rubles.

It is worth noting that in case of an industrial injury, the employer is obliged to create a commission and conduct a full-scale investigation of the incident. if he ignores this obligation, then penalties can reach 200,000 rubles.

3. Criminal liability of the employer

It takes place only if the accident resulted in serious bodily harm or death of the employee. What sanctions against the employer can be put forward in this case?

• fines from 400,000 rubles;
• involvement in the performance of public works;
• imprisonment (in case of death - up to 5 years).

As for the fault of the injured specialist, in any case it will be less than the fault of the employer, since here we are talking only about the wrong application of one’s work force. In what way can it be expressed?

• negligent performance of labor duties;
• in non-compliance with safety regulations;
• the intent of the employee (an extremely rare case).

The maximum amount of guilt of the injured employee can be 25%: this is how much the amount of material compensation can be reduced. It is determined by the results of the investigation of the incident and its consequences.

An occupational injury is the result of an adverse effect on the health of an employee from an accident that occurred at work. It is the basis for 100% sick leave payment and additional employee compensation, in contrast to standard cases of illness and injury. That is why the fact of causing harm should be identified as an industrial injury.

Bruises, cuts, fractures, dislocations, sprains - the list of injuries that can easily be obtained at home is huge. At the same time, many of them often come as a complete surprise, because it is difficult to take for granted the fact that, just getting up from the couch, you can break the tendons in your leg. It often seems that such an injury requires a serious effort from the outside, rather than an awkward movement of an arm or leg. A traumatologist-orthopedist of the State Clinical Hospital named after A.I.F. F.I. Inozemtseva, post-graduate student of the Department of Traumatology and Orthopedics, RMANPO Genrikh Krasnov.

kitchen cuts

People often harm themselves. So, for example, everyone knows that you need to carefully hold a can of canned food when you open it so as not to cut yourself, but many place it so that the space between the thumb and forefinger is hit. It also often happens that they try the sharpness of a metal cut with a finger. All this causes various degrees of injuries and cuts.

Depending on the strength of the impact and the sharpness of the object (for example, a knife), the depth of the lesion is determined. From a banal scratch to damage to tendons, nerves, ligaments, blood vessels, and in special cases, bones.

Today, there are many different devices made to protect against cuts, including those that can be invented in the comfort of your home. But, unfortunately, people neglect safety precautions and do not resort to the use of the aforementioned means. If, nevertheless, you cut yourself, then you should carefully consider the assessment of the degree of damage:

• If the tendon is damaged, there is a violation of the function of flexion or extension (the flexor or extensor tendon is damaged)
• When an artery is damaged, pulsatile bleeding is characteristic.
• If the nerve is damaged - a violation of sensitivity.
• If the skin diverges from each other, then most likely it will be necessary to suture (the so-called primary surgical treatment of the wound)

In all of the above cases, as soon as possible, it is necessary to apply a tight bandage with napkins soaked in an antiseptic and go to the emergency room at the place of residence.

Insidious bruises and sprains

Situations with a hammer hitting the fingers have long become anecdotal and feuilleton. And this is another common household injury. It is enough to gape a little, get distracted, or simply miss, driving nails into the wall, as an injury is guaranteed. First of all, it is worth applying ice to the site of injury and then figure out how critical the situation is. An injury of this nature can lead to a fracture of the phalanges of the fingers. If you do not consult a doctor in time, do not receive the necessary examination and treatment, then there is a high probability of complications in the form of improper fusion. It is not uncommon for bruises to occur under the nail hematoma, which, for faster recovery, as a rule, doctors remove.

Tendon and ligament injuries

Running on a wet floor, a sharp rise with inaccurate support on a leg from a sofa or bed can cause a rupture of the Achilles tendon or ankle ligaments, which are responsible for its stability. In such cases, treatment is provided in the form of immobilization (gypsum, orthoses, brace). Do not self-medicate, because tactics should be determined by a specialist. First of all, it is necessary to ensure the rest of the injured limb. Try to completely eliminate the load on it, so as not to worsen the existing picture.

Torn back and shattered arms

Lifting weights, moving a cabinet from corner to corner, lifting too sharply from a tilt to a standing position, for example, when washing floors (which many people do all the time, because washing with mops is far from always convenient) can also cause a painful condition - the so-called dorsopathy. This may come from an aggravated intervertebral hernia (which a person might not have known about), which crushed the nerve root, which caused a backache. Or muscle strain, which led to their spasm, as a result, pain. In this case, you need to contact a neurologist or an orthopedic traumatologist for medical help.

During sleep, a situation often occurs that a person has rested his arm, neck, etc.

As for the spine, unpleasant and painful sensations are associated with an uncomfortable position, which leads to improper muscle loading and their further spasm. When it comes to limbs, most often hands, in this case we are talking about squeezing blood vessels and nerves, which causes a decrease in blood circulation and innervation (supply of organs and tissues with nerves) of the segment. As a rule, special treatment is not required and it is enough to bring the limb into a comfortable position, you can also massage nearby areas (for the upper limbs, for example, the neck, shoulder joint area and the whole arm as a whole).

High-altitude work

Replacing a light bulb in a chandelier, painting in the ceiling area, cleaning high mezzanines - in a word, everything that needs to be raised to a height is potentially dangerous. After all, falls are not uncommon in everyday life. And the fall is followed by bruises, and fractures, and sprains, and craniocerebral injuries. First of all, you need to take care of safety. It is important to ensure a stable position when working at height. Also, do not neglect insurance, or ask someone to insure. If the fall could not be avoided, then it is necessary to adequately assess the resulting damage. Even a slight blow to the head, in the presence of weakened cerebral vessels, can lead to their damage and the formation of a hemorrhage. It is worth paying attention to the appearance of symptoms such as nausea, vomiting, headache, dizziness, malaise. If they occur, postponing a trip to the doctor (neurologist) can cause irreparable damage to your health.

If the blow fell on the limbs, ribs, spine, inspect the damaged segment and pay attention to: the appearance of deformation, hematoma, the inability or difficulty to carry out those actions and movements that were easy before the injury. There is an opinion among patients that, for example, if they received a fracture of the lower limb, they would not be able to walk. It's a delusion! Do not delay and hope for a chance. Contact the emergency room, and the specialist will determine the extent and severity of the damage.

Burn Center

Burns are another common injury that a person can get while at home. It is enough to grab a pan with a slightly ajar lid, so that the steam burns the skin of the hands. Open fire becomes a potential hazard. Treating burns is quite troublesome and painful. For 1st degree burns, as a rule, no special treatment is required, but mainly it is aimed at pain relief and bandaging with antiseptics in case of damage to the skin. Starting from the 2nd, when blisters are already forming, it is necessary to go to the emergency room to determine the tactics of treatment.

Labor legislation obliges employers to provide employees with safe conditions and labor protection in the organization. But, if, nevertheless, the injury could not be avoided, then it is worth knowing in which cases the injury is recognized as industrial, and in which it is not.

What is a work injury

The definition of an occupational injury is enshrined at the level of law: it is harm to an employee as a result of an accident that occurred during working hours, on the way to or from work (Article 227 of the Labor Code of the Russian Federation).

There are always questions about injuries sustained outside the workplace. For an injury to be considered work-related, it must meet the following criteria:

1. there was a direct performance of labor duties specified in the job description, as a result of which an injury was received;
2. carried out the execution of instructions from the administration of the enterprise;
3. an accident that occurred on the way to work under certain conditions;
4. the injury was received during a rest period or a lunch break organized by the employer;
5. the injury was received outside the enterprise, but the employee followed the instructions of the employer;
6. the injury was received on a business trip or en route.

If the accident occurred through the fault of the employee, then this case is not considered as an injury received at work, and therefore does not imply compensation.

But still, it is necessary to create a special commission to establish the causes of industrial injuries in each specific case, and it will help to defend your rights.

Not only those workers who work in production with obviously dangerous working conditions, but also office workers can get injured.

The result of an industrial injury received both at the place of work and on the way to it may be the need to transfer the injured employee to another, easier job, as well as temporary disability, or permanent disability by the employee, in rare cases - death. An illness resulting from the performance of labor functions can also be recognized as a labor injury.

Causes of work injuries and their participants

Injuries received at work have various reasons, among which are: non-compliance with safety regulations on the part of the employee, improper use of technical means, negligence of the employee, admission by the employer to work of an unqualified specialist, failure to provide instructions, etc.

The participants in an accident at work can be: the employee himself, the employer, a student undergoing an internship at work, a citizen involved in the performance of work (public work) on the basis of a judicial act, a convict who was involved in physical labor at work.

Types of work injuries

All injuries received at work (depending on the type of damage) can be divided into the following types: electrical, chemical, thermal, technical.

In this case, it is not so much the type of damage that is of key importance, but the degree of injury received. Accordingly, depending on the latter factor, occupational injuries are classified into minor injuries, such as bruises, common bone fractures, concussion, miscarriage, and severe injuries.

Severe injuries that pose a direct threat to the health and life of an employee include:

• complex bone fractures;
• injuries accompanied by blood loss of more than 20%;
• serious violation of the activity of internal organs;
• brain injury;
• coma;
• damage to the cardiovascular system;
• burns and chemical burns;
• loss of vision, hearing, or speech;
• mental disorders of a complex nature.

A separate line is occupational diseases that lead to a permanent impairment of the health of the employee, as well as to partial or complete disability.

Injury received on the way to or from work

An injury received by an employee on the way to the place of performance of labor functions or from work home on the transport of the employer or his representative is automatically considered industrial.

If an employee was driving a personal vehicle and was injured, then it is considered production if:

1. the car was used by the employee to fulfill the orders of the employer or for official purposes (fixed in the employment contract), when the work of such an employee is associated with official travel in accordance with his job description;
2. the corresponding order of the head was issued;
3. in the accounting department there is a copy of the vehicle registration certificate;
4. if the employee drove a car on the basis of a power of attorney;
5. the company keeps records of business trips (trips) of employees in a private car, for example, on the basis of waybills.

Thus, an injury received on the way to work, or home from work, when traveling by public transport, on foot or in a private car, but without an agreement on this with the employer, is considered as household (Article 227 of the Labor Code of the Russian Federation).

Injury received during a business trip to the place of work

An injury received by an employee during a business trip (by car, on foot) to the place of work on the instructions of the employer will be considered a work injury. As a rule, such injuries are received by those workers whose work is of a traveling nature, for example, drivers, sales representatives and couriers.

Traveling nature must be documented at the place of work. Provided as evidence contract of employment(contract, contract) job description, business trip (travel) journal, route (travel) sheets and others.

An injury received by such an employee is recognized as a work injury if all the specified documents are available, the employment contract contains a condition on the traveling nature of the work, and it was received during the performance of labor functions.

Injury received by employees during a lunch break or during a "smoke break"

Employees can get injured while at work, but not actually performing work functions both during the lunch break and during the so-called smoke breaks (smoking breaks), if such breaks (for eating, resting, smoking) are established by the employer . Grounds for establishing breaks provided for by the provisions of Articles 107, 108 and 227 of the Labor Code of the Russian Federation. At the same time, the time for providing such breaks and their duration are already determined by the employer in the internal labor regulations, or on the basis of an agreement reached between the employee and the employer.

For example, when an employer, under the terms of an employment contract, provided employees with free meals in a canteen located in a neighboring building. In the internal labor regulations, the employer fixed the time of the lunch break, and also transferred money for employees' lunches to the settlement account of the organization (canteen) providing the relevant services. The funds are transferred when the employees were actually at the workplace and went to the canteen chosen by the employer at the set time for lunch. If, on the way to lunch, an icicle falls on an employee and causes significant damage to him, or if he slips on the porch of the dining room and breaks his leg, then these incidents can be qualified as work-related injuries.

If employees receive similar injuries during the time period set for lunch, but on the way to the restaurant of their choice, and not to the canteen with which the employer has agreed, then they will be recognized as domestic.

More difficult is the case with smoking breaks. In order for an injury sustained during a smoke break to be considered work-related, the following conditions must be met:

• the time of the break(s) for smoking and their duration must be adopted by the internal labor regulations;
• special smoking areas must be equipped, in accordance with the requirements of safety rules, marked with signs "Smoking area";
• the presence of such places should be recorded in an independent document of the organization - the employer, with whom the employees get acquainted against signature.

In accordance with these nuances, injuries received during a smoke break in a neighboring yard or a nearby square, received by employees who went out to smoke in the fresh air during an official break, are not recognized as work-related injuries. Such injuries are considered domestic.

Injury caused to an employee by others

In accordance with the provisions of Art. 227 of the Labor Code of the Russian Federation, an injury inflicted on an employee by another person qualifies as bodily injuries, which are considered both as domestic and as industrial injuries, depending on the participants and the circumstances of the case. In each case, a complete analysis of the circumstances is carried out, the perpetrators and punishment are identified, and the possibility of compensation for material and moral damage is considered. Since there are many nuances in these situations, compensation is initially paid not at the expense of the employer, but at the expense of the FSS. Then you can get compensation from the guilty person through the court.

The injury was received during a corporate holiday

Such injuries are always recognized as domestic, even if they occurred on the territory of the employer and during working hours.

For example, if employees celebrated the approach of the new year during the working day, and, launching fireworks in the courtyard of the company - the employer, received burns, then such situations still qualify as domestic injuries, even if they were intended to strengthen the corporate spirit.

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

Better entrust the work to labor law lawyer or advocate. 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.

Moreover, the following situations do not belong to accidents at work:

• death of an employee due to illness or suicide, confirmed by a healthcare institution and investigating authorities;
• death of an employee or harm to health, the only cause of which was alcohol or other toxic intoxication, not related to violations of the technological process (using toxic substances);
• an accident that occurred to an employee due to the commission of a criminal act by him.

Conclusions:

1. Each employee injury case is reviewed and investigated on a case-by-case basis.
2. It is important to take into account all the conditions, the presence of which recognizes this or that injury as a work injury, which means that the employee can count on certain payments.
3. In order for an injury received on the road to fall under the definition of a work injury, it is necessary that the employee get to the place of performance of labor functions in the transport provided for this purpose by the employer or use his own vehicle, the use of which for official purposes is prescribed in the employment contract.
4. An injury sustained during a business trip will be recognized as a work injury if the traveling nature of the work is provided for by the employment contract.
5. Injuries received during corporate holidays, or during a showdown between employees are not labor injuries, but fall under the category of domestic ones.
6. The result of a work injury may be the need to transfer the injured employee to another, easier job, as well as temporary disability, or permanent disability by the employee, in rare cases, death. An illness resulting from the performance of labor functions can also be recognized as a labor injury.

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 insurance premiums for compulsory social insurance against industrial accidents and occupational diseases to the FSS of the Russian Federation. 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.

Article 3 federal law dated July 24, 1998 N 125-FZ (hereinafter - Law N 125-FZ) an accident at work 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. Moreover, 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 order 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 by public transport, the 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 internal labor regulations or an agreement between the employee and the 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, then the accident should be reported only to the territorial body of the FSS of the Russian Federation 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;

Executive authority or local administration at the place of registration of the organization (IE);

Trade Union;

Rospotrebnadzor for acute poisoning.

Note.The form of the message 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 of the 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 within three (for minor injuries) or 15 calendar days (for severe injuries or death) must comprehensively study 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 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. These are temporary disability benefits, lump-sum and monthly payments, reimbursement of additional expenses for medical, social professional rehabilitation (Article 8 of Law N 125-FZ). And employees working on the basis of civil law contracts are 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 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). Such average earnings are determined 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 employee, 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 taxation of insurance premiums to 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).