Industrial injury at the enterprise. Injury at work: what you need to know about your rights and demand from your employer

– this is damage caused to an employee in the performance of official duties on or off the territory of the enterprise. Both the employer and the employee must understand how important it is to clearly differentiate the “work-related” injury.

The procedure and amount of payment, the responsibility of both parties, and the general state of labor protection at the enterprise depend on this.

What is a work injury?

Before making a conclusion about the attribution of traumatic injury, it is necessary to find out the following circumstances: the nature of the relationship between the enterprise and the victim, the place and time of the incident.

According to the first sign, the following may be susceptible to occupational injury:

• an employee with whom an employment contract has been concluded;
• a specialist providing services under a civil contract, if the organization pays insurance premiums for him under the article “injury”;
• an employee of another branch who is on a business trip;
• trainee or trainee working under a student contract.

If an employee of another organization who performs work on the territory of the enterprise under an outsourcing or service agreement is injured, the responsibilities of registration and payment fall on his employer. But the introductory and occupational safety training must be carried out by the customer company.

The location of the incident is a key factor as it confirms the employer's ownership and involvement in the incident. These include events that occurred:

1. Directly at the workplace;
2. On the territory of the enterprise;
3. On the way to or from work in a company car, or in personal transport, which is used under an agreement with the organization for its purposes.

The time of the incident justifies the legality of recognizing an industrial injury if it was received at the following moments:

• during working hours determined by the employment contract;
• during breaks;
• during overtime work.

Injuries received by an employee while he was on vacation or on sick leave cannot be considered work-related.

Example 1: the head of the HR department instructed the HR specialist to take the reports to the Federal Statistics Service. On the way to the place, the employee was hit by a car. This case will be in the nature of a work injury.

Example 2: on the way to work, snow fell on an employee’s head from the roof of a neighboring building. This incident is being ruled a domestic injury.

Example 3: an employee is on a business trip in a neighboring city. On the way to work, he was allowed into the protected area, but did not reach the workplace, fell and broke his leg. Since it happened on the employer's premises, the incident is classified as a work-related injury.

Types and causes of industrial injuries

Classification of industrial injuries.

Classification is based on several factors. Based on the degree of damage, injuries are divided into:

• lungs, which include bruises, cuts, minor burns;
• severe, for example, internal bleeding and injuries, complex fractures, extensive chemical and thermal burns;
• fatal.

Depending on the nature of the damage, injuries can be:

1. Thermal;
2. Mechanical;
3. Chemical;
4. Electrical.

When investigating industrial accidents, it is important to establish the cause of the incident in order to prevent a possible recurrence.

Regardless of individual cases, all reasons are divided into 3 categories:

• technical, related to equipment breakdowns, man-made disasters;
• organizational, which are based on the lack of quality instruction and training of personnel, irregular monitoring of compliance with labor safety standards;
• individual, for example, a frivolous attitude towards the rules of handling equipment, an appetite for risk and non-compliance with the rules.

Example 4: a hypermarket culinary production employee, while working with a combi oven, knocked over a tray of boiling water on his feet. The employee has been issued protective rubber shoes, but is not using them; instructions on how to operate the equipment have been provided. This is a mild thermal burn injury caused by an employee with insufficient control on the part of the shift manager.

Procedure for employee and employer

There are instructions for both parties in case of injury.

The procedure for the actions of the employee and the employer is determined by labor legislation. And its special cases related to the specifics of production must be described in local regulations and presented for review and signature to each employee upon admission.

Action plan for an injured employee:

1. Notify the manager or specialist on duty about the incident;
2. If possible, call the company's medical worker, if there is one on staff;
3. Inform a medical professional about the cause of the injury;
4. Provide sick leave to the company’s human resources department.

Under no circumstances should you leave the workplace on your own. If the injury is considered domestic, the absence from work will be considered absenteeism.

The employee also has a duty during the investigation to assist the commission in establishing the causes and circumstances of the incident.

Algorithm for an employer's actions after discovering a work-related injury:

• on the day of the incident, send a request to the medical institution about the severity of the injuries and the presence/absence of alcohol or toxic intoxication in the victim. This is extremely important for the organization, since if the employee’s improper condition is confirmed, the amount of sick leave payment and sanctions will change based on the results of the commission’s work.

A response from the doctor must be received within three business days. The document, certificate 315, will contain a conclusion about the degree of severity and the diagnosis made upon admission to the medical institution.

If the certificate indicates a serious injury, it is necessary to report this fact to the labor inspectorate and the prosecutor's office;

• recording of circumstances. This can be done in the form of photographs, video footage or a map of the scene. The commission will need the materials to make a decision;
• issue an order to initiate an investigation and create a commission. It must include a labor protection specialist, the head of the enterprise, the head of the personnel department and a security officer. The minimum number of commission members cannot be less than three;
• accident investigation, during which the commission members take the following steps:

1. Interviewing witnesses and victims;
2. Inspection of the scene of the incident and the photographic and video materials taken;
3. Assessment of the technical condition of equipment, its latest inspection and prevention;
4. Analysis of collected facts;

The legislator gives the employer 3 working days to investigate the accident.

However, in a situation of complex or collective injuries, injuries to witnesses, this period can be increased to 15 days;

• drawing up a report on the completion and results of the investigation, which must be signed by all participants and the chairman of the commission;
• sending a message to the Social Insurance Fund about the results of the investigation;
• familiarizing the victim with the final act and handing over one copy. If he considers the commission’s conclusions unfair or is not ready to admit his guilt, he can go to court at his place of registration;
• making payments and compensation for the victim’s sick leave.

The employer's responsibility for concealing the fact of a work-related injury is established by the Code of Administrative Offenses.

Compensation for work injury

Special procedure for payments in case of injury.

Compensation for work-related injuries is due to each employee and is made according to the rules:

• Regardless of the length of service and insurance coverage, 100% of the employee’s average income for two years is taken to calculate the amount of benefits;
• All sick leave payments are accrued from the Social Insurance Fund from the very first day. Therefore, if the medical report contains confirmation of the presence of alcohol at the time of the incident, the FSS may insist on recognizing the injury as not related to production;
• The victim’s fault may affect the amount of payment and reduce it to 25%.

Quite often injuries occur, after which an employee cannot engage in professional activity for some time. In this case, he can write a statement and demand a one-time compensation from the Social Insurance Fund. The same organization provides payment for sanatorium-resort treatment according to the profile of injury.

If recorded, payments and compensation for it must be made no later than 10 calendar days from the date of submission of sick leave to the personnel department. To avoid misunderstandings and “forgetfulness” of the employer, the employee may insist on recording the provided document in the Incoming Documents Record Book.

Additional payments and compensation to the victim may be established by intersectoral agreements.

You can find out about their actions by making a request to the economics department of the regional administration.

Injuries at work are recorded using a special journal. Every year, reporting form No. 7 “Injuries” is sent to the Federal Statistics Service and contains information on the number and severity of industrial injuries. A high percentage of injuries at an enterprise may cause an inspection by the prosecutor's office, labor inspectorate or the Social Insurance Fund. Its result may result in a time limit for elimination, administrative punishment or penalties. If similar violations are detected again, the head of the organization may be disqualified for up to three years, which actually means the inability to hold leadership positions.

In this video you will learn about work injury.

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An industrial injury is a consequence of an accident that occurred at work with an employee.

This is always unpleasant for both parties to the employment relationship. In Art. 5 of Federal Law No. 125-FZ of July 24, 1998 “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 the event of a work-related injury, the employer is obliged to pay compensation to the employee if the latter was injured in the course of performing his work functions.

Recognition of an industrial injury

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

• call a doctor, go to a medical center or call an ambulance to provide first aid to the victim;
• The application must be completed in accordance with all the rules. This needs to be monitored. If the victim himself is unable to do so, someone else must do it;
• call the head of the structural unit to the place where the accident occurred. If there is such a possibility, 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 exactly at this place and during working hours.

Regardless of how severe the injury is, you first need to fix it, and only then go to the hospital. This is a big disadvantage 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 to its receipt, it will be quite difficult to recognize it as industrial. But if there is at least some evidence or one witness, it is necessary to contact the employer with a written statement recognizing the fact of injury at work. The employer is obliged to order an appropriate investigation in accordance with Art. 229 - 231 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 claim in court to recognize this fact and assign appropriate payments to him.

Payments for an industrial injury are equal to the amount of paid 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 Social Insurance Fund, providing sick leave and other documents. In addition to sick leave, rehabilitation of the injured employee is also carried out at the expense of the Social Insurance Fund. 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 caused to one’s health, and we are talking about assigning the victim one or another degree of disability. In order to make such payments, it must be established that the injury received is a work-related injury.

Such an injury is recognized not only as an injury received at the workplace, but also as an injury received while the employee was traveling to work or home from work using 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 a personal car to perform his work functions or official purposes. The severity of the injury is determined by the medical institution where the victim went 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 minor, then the commission can complete the investigation in 3 days, but if the injury is severe or fatal, then the investigation period increases to 15 days. Not only the duration of the investigation, but also the amount of compensation payments depends on the severity of the injury to health. That is, a medical and social examination establishes the severity of harm as a percentage.
Exactly in these percentages, the employer must reimburse the employee for medications and medical care. Sick leave, in any case, is paid in the amount of 100% of earnings.

Actions of the employer and employee in the event of a work injury

In order for an injury to be recognized as a work-related injury, 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 professional who will record the injury itself. Without this fact, no payments will be made. Therefore, even if the victim’s condition is critical, you first need to record the fact of the injury, and only then go to the hospital;
• the employer must be present at the fact of recording. If the employer himself cannot (especially in large enterprises where there are production and other departments), his deputy or the head of the structural unit in which the victim works must be present;
• it is necessary to draw up an act that will be signed by the employer and witnesses to the incident;
• An investigation into what happened is immediately organized. If damage to health is caused, the investigation is carried out at his expense;
• the investigation commission must consist of at least 3 people. The number of commission members must be odd. It may include:
  • labor protection worker, 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 a representative of workers.

The employer's responsibilities in the event of a work injury are as follows:

• he must provide the victim with all necessary assistance. If hospitalization is required, the employer must ensure that an ambulance takes the employee to the hospital. If the team 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 injured employee;
• must comply with the guidelines for drawing up an accident report. If the injury is minor, then the report is drawn up within 3 days. The degree of “lightness” or “severity” is determined based on the medical opinion;
• even if the injury occurred through the fault of the employee, compensation is paid, but in a smaller amount.

Types of payments

There are several types of payments that are assigned to a victim who has received an industrial injury:

• sick leave payments. These payments are made from the funds that the employer contributes to insurance against accidents and occupational diseases. Regardless of 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 issued in the medical institution where the victim received treatment.
• lump sum payment. Its size depends on the degree of disability of the victim. It is paid in the amounts established by the Social Insurance Fund. 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 injured employee over the last year. It is indexed every year. Its maximum value in 2016 was 61,920 rubles per month. This limit is established by clause 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 equipment 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 Social Insurance Fund. An exception is payment for 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 file a claim in court for compensation for moral damage.

If the commission determines that the employee has suffered minor health damage, then all compensation payments will be made not at the expense of the Social Insurance Fund, but at the expense of the employer.

The employee also has the right 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, he can file a claim in court 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 order of the employer, or it can be specified in an employment or collective agreement.

Compensation for lost earnings

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

Law No. 125-FZ states that an injured employee has the right to compensation for harm caused to his life and health. While he is on sick leave, he does not receive wages. Even after returning from sick leave, the injured employee cannot always work at full capacity. Sometimes it takes time for long-term rehabilitation.
Consequently, the earnings that he does not receive all this time are subject to compensation. First of all, you need to determine from what point it is necessary to compensate for lost earnings.

The victim receives sick leave benefits 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 recovered from the employer as from the tortfeasor. The amount of compensation is 100% of earnings for these days.

How to receive payments

To receive all due payments, the employee must bring sick leave and other documents that confirm his medical expenses. To receive disability benefits, you do not need to write additional applications. And to receive compensation for medications and other expenses, you must write an application addressed to the employer with a request to pay him the specified amounts. All necessary documents and receipts 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 medications 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 reviewed by a representative of the FSS. He also decides on payment of compensation. The decision is made after the specified period. The one-time benefit is transferred to the applicant’s account immediately after a positive decision is made by a fund employee.

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

In the course of work, whether in an office or an industrial enterprise, there is a possibility of an accident, and an employee may receive a work injury. This fact must be immediately reported to management. However, some people are afraid of problems or bureaucratic delays, so they try to frame the incident as a domestic one. By hiding this fact, in the future, if complications arise, the employee may be left without the help that is due to him by law.

What is a work injury

The main task of the occupational safety service at work is to reduce the occurrence of occupational diseases and injuries, as well as to minimize their consequences. Accidents that result in injury or injury to a worker are considered work-related injuries. It should be understood that this concept affects not only the time spent directly at the workplace, but also the following situations:

• while traveling to the place of work in the organization’s transport or your own, which is used for production purposes;
• on the way to a business trip and back;
• when performing work at the direction of management that is not included in the list of job responsibilities;
• during the liquidation of the consequences of emergencies and disasters when involving an employee in the prescribed manner.

Legal regulation

Currently, Russia has developed a system of regulatory legal acts that guide the investigation and prevention of injuries at work. If we take into account the specific features of production with its local regulations and job descriptions, we can say that the number of documents related to the investigation of injuries increases significantly.

It is difficult to apply them all at once; for this reason, occupational safety services are developing special schemes, certain formulas that contribute to a more thorough and verified investigation of accidents. In addition, in this way, workers’ awareness of their rights and responsibilities is increased in order to prevent harm to health and protect against injury.

Main causes of industrial injuries

Accurate performance of job duties and compliance with safety regulations helps reduce injuries received at work. Conventionally, they can be divided into technical, organizational and personal. The main cause of accidents is negligence in the workplace. In addition, the reasons may be non-compliance with the rules of conduct, violation of the technological process, both through the fault of the employee himself and his management.

Types of work injuries

There are several signs by which industrial accidents can be classified. Based on the number of victims, injuries sustained at the workplace are differentiated into single and group (when 2 or more people were injured). Depending on the circumstances that caused the injury, there are injuries related directly to the production process and not related to it, but related to work. According to severity, it is customary to distinguish:

• mild (pricks, scratches, abrasions);
• severe (bone fractures, concussion);
• with a fatal outcome (the victim dies).

Work injury

According to statistics, the number of work-related injuries has decreased over the past decade. This is associated not with improving working conditions and increasing the responsibility of management and subordinates, but with a reduction in the number of workers employed in hazardous industries, where the risk of injury is higher than usual. Often, statistical figures are associated with concealment of incidents, since this threatens major troubles for management, so the employee is persuaded to register the injury as non-work-related, promising him time off and unscheduled payments.

What is the threat to the organization?

For violation of legislation in the field of labor protection, as a result of which an industrial injury was recorded, the management of the organization faces disciplinary, administrative and even criminal liability. This could be a reprimand, dismissal, fines amounting to several thousand rubles, or a complete stop of production until the reasons for what happened are clarified. If an employee dies, the manager may be imprisoned or sent to correctional labor.

What should an employee do?

The first thing the victim must do if he is injured at work is not to leave the scene of the incident, since in this case it will be difficult to prove the fact itself, and the incident will be classified as domestic. Next, you need to notify your immediate superiors about the incident yourself or through witnesses and call a medical professional who will assess the severity of the injury.

Responsibilities of a manager in case of an accident at work

The incident requires the employer to take urgent measures that will subsequently help avoid major problems, and in some situations not be held liable if the injury occurred through the fault of the employee. The immediate responsibility of the management is to provide emergency assistance to the victim until the reasons are determined, and, if necessary, transport him to the department of the medical institution. If, as a result of an incident, an emergency or disaster may develop, the manager is urgently obliged to take measures to prevent and prevent them.

Creation of a commission

A prerequisite for investigating an industrial accident is the creation of a commission whose duties are to find out all the reasons for the incident. According to the law, it may include the victim himself in order to exclude facts of falsification. The number of people depends on the severity of the injury, but the number of representatives must be at least three.

Conducting an investigation

After the creation of the commission, a direct investigation of the accident begins. It is determined why the work injury occurred, and both the victim himself and witnesses to the incident are questioned. Authorized persons are obliged to find out who is responsible for the incident with a view to subsequent punishment in accordance with the law. The severity of the damage caused must be established.

How to file a work injury

Any injury sustained at work for any reason must be recorded in a special journal. The very fact of an emergency is reflected by drawing up a report on the incident according to the template established at the enterprise in at least 2 copies - for the employer and the victim. It is certified by all members of the commission, after which it is handed over to management and certified with a seal. If the victim is a foreigner, then in addition to the act in Russian, a document is drawn up in the employee’s native language. An officially drawn up paper must contain the following information:

• information about the accident;
• circumstances and reasons for what happened;
• information about the perpetrators;
• the degree of guilt of the victim;
• witness statements, if any.

Where to report an accident

The manager is obliged to notify the Social Insurance Fund if a subordinate receives an injury during work. If 2 or more people were injured or there was a death, the circle of authorities where it is necessary to report the incident. These are the state labor inspectorate, the prosecutor's office and local authorities, the employee's immediate superior if he is on a business trip, and the trade union. If acute poisoning occurs, Rospotrebnadzor is also informed about the incident.

What documents are needed from the employer?

After medical assistance has been provided, all interested services have been notified and an investigation has been carried out, the head of the organization must provide the Social Insurance Fund with a number of papers for the calculation of certain payments to the victim. Documents such as a copy of the accident report and a certificate of average earnings for a certain period are required to calculate insurance payments.

In addition, you must attach a certificate confirming the period of accrual of temporary disability benefits. Copies of documents confirming the employment relationship between the employer and the employee injured at work will be required. These include a work book, an employment contract, which stipulates a clause on the payment of compensation in the event of an emergency at work.

Documents from the injured employee

The injured employee also needs to present a certain list of documents. Firstly, this is an application for security in connection with injuries suffered. Secondly, the conclusion of a medical and social examination, which indicates the degree of disability. You will have to submit a conclusion on the prescribed types of medical, social and professional rehabilitation and the recovery program itself. It would not be amiss to attach documents that will testify to your own expenses for rehabilitation and treatment.

What payments are due for a work injury?

If there was a fact of injury at work, then the employee is entitled to payments and compensation in accordance with the legislation of the Russian Federation. Many may think that all funds paid to the victim due to temporary disability due to an accident fall entirely on the shoulders of the employer. This is not entirely true. When the enterprise where the injured person works pays monthly contributions to the Social Insurance Fund, then it is only a connecting link, transferring money coming from the Fund to the injured worker. Check out the online service for generating reports to the Social Insurance Fund.

Company management can still assign certain additional payments to a subordinate as some kind of compensatory measures, but this happens rarely and at the discretion of the employer. In addition, the trade union organization of the enterprise, if the employee is a member, often provides assistance for the treatment or rehabilitation of the patient. It can be either one-time or regular, until the victim returns to the workplace.

How is sick leave paid?

To pay for sick leave, you will need to provide a certificate of temporary work ability and a certificate issued by a commission created at the enterprise. The money is transferred to the employee as quickly as possible, as required by law. Since issuing a sick leave certificate requires an act drawn up by the commission, the conclusion is issued within up to 3 days for minor bodily injury and up to 15 for a severe case or death. The calculation of disability payments does not differ from the standard procedure, since sick leave for an industrial injury is paid in the same way as others.

One-time insurance payment

There are certain limits that affect the amount of a lump sum payment when you are injured at work. They are established on the basis of a special government decree. For 2019, the maximum amount is 80,534 rubles. The exact figure for each employee is established by the organization in which the victim is insured. It is based on the conclusion of a medical examination conducted by an accredited institution. Here, the damage caused to the employee and the degree of disability must be taken into account.

Monthly insurance payment

In addition to a one-time insurance payment, an employee who has a confirmed work-related injury is entitled to monthly contributions from social insurance, the amount of which is a certain percentage of his average monthly salary. Its value is influenced by a coefficient, the value of which is directly related to the degree of disability. However, there is also an upper limit here that cannot be violated. In 2019 it is 61,920 rubles.

The amount due is calculated once, after which it can be indexed. The transfer of monthly insurance payments to the employee continues until his full recovery after the injury. If a complete recovery does not occur, the victim will receive monetary benefits for the rest of his life. Provided that the fault of the injured employee is proven, the amount of accruals will be reduced by a maximum of a quarter.

Additional payments for employee rehabilitation

An injured employee has the right to demand from his superiors compensation payments that arose as a result of additional costs for treatment and the purchase of medications and means for rehabilitation (including the purchase of prostheses). Transportation costs incurred when delivering the patient to the place of treatment and rehabilitation and back are subject to reimbursement. If the patient had to retrain due to injury to work in another specialty, these costs will also be borne by the guilty party.

Compensation for moral damage

An industrial injury is also a great stress, so an employee has every right, in accordance with the law, to count on compensation for moral damage caused if the incident was not his fault. When the manager refuses such payment, the employee may apply to the court to resolve the dispute. The amount is determined by agreement of the parties, but may be assigned by the courts. Often the employer prefers to compensate for moral damages rather than pay compensation in the future.

Death at work - payments

If a work injury results in the death of an employee, then close relatives of the patient have the right to payment. One-time assistance in case of death is paid within a million rubles. To obtain it, you must provide a number of documents:

• death certificate;
• conclusion of forensic experts;
• salary certificate of the deceased;
• certificate of presence of dependents;
• documentary evidence of funeral expenses.

Responsibility for concealing an industrial accident

An industrial injury resulting from an industrial accident must be recorded, and all such incidents must be investigated in accordance with the established procedure. If the employer refuses to draw up an occupational injury report, the employee has every right to seek this through special bodies and the court. To confirm this, photo and video recordings and witness testimony are used, because it will be difficult to prove an emergency without traces of visibility.

When a manager tries to hide the fact of an accident, he becomes liable because the insured event is being concealed. These also include actions when the employer has not created an investigation commission. All this is subject to administrative liability in accordance with the Code of Administrative Offences.

Video

An accident at work is the result of exposure to a dangerous or harmful production factor. NS end with: injury, acute occupational disease (after a single exposure to a harmful factor during a shift), poisoning, heat stroke, burn, etc. Trauma is a violation of the anatomical integrity of the body or its functions under the sudden influence of an external factor (mechanical, physical, chemical, etc.) .d.). An industrial injury is a sudden damage to the human body and loss of ability to work caused by an accident at work. Injuries- a set of injuries that are repeated under certain circumstances in certain groups of the population over a certain period of time (month, year, quarter). In all cases, it is possible to identify cause-and-effect relationships between the external conditions in which the victim was (work, using transport, playing sports, etc.) and the state of the body. These connections are determined by systematizing the conditions and circumstances of the occurrence of injuries, analyzing external and internal factors that cause repeated injuries. Occupational injuries are the repetition of work-related accidents.

Industrial injuries

Injuries are sudden injuries that occur as a result of an accident, resulting in a violation of the integrity of tissues or the proper functioning of individual organs. Injuries that occur while performing a job or in general at an enterprise are considered work-related injuries.

Main causes of work-related injuries

According to the nature of the reasons that caused injuries, the latter are divided into mechanical, thermal, electrical and chemical.

One of the main and most common causes of injuries is the low level of mechanization of technological processes and the resulting predominance of manual labor. Most often, workers with little experience are injured, who do not yet have sufficient experience and training in safe work practices when performing labor processes.

Much in the occurrence of injuries depends on the nature of the technological process and the organization of work. These interconnected factors are not always considered from the standpoint of injury prevention during their development, as a result of which unnecessary manipulations, counter or crossing flows of transport communications, irrational or even dangerous storage of raw materials, semi-finished products and finished products, dangerous work methods, etc. are sometimes allowed. or unsuitable technological equipment and tools, and especially their malfunction, also cause injuries.

Injuries often occur due to the absence or poor condition of protective equipment. This applies primarily to all rotating and moving components and assemblies of equipment, as well as to parts of equipment under current (terminals, switches, poorly insulated wires, etc.), containers with potent substances, hot surfaces, etc. Contribute an increase in injuries is caused by clutter and disorder in work areas, insufficient and irrational lighting, unsatisfactory sanitary conditions, and poor work culture. In a number of industries, irrational and faulty personal protective equipment (protective masks, goggles, shields, gloves, etc.) and overalls play an important role in the occurrence of injuries.

Lack of instructions to workers or poorly organized training of their safe methods and techniques of work and poor familiarization with safety rules contribute to an increase in injuries. It is quite natural that this is also caused by workers’ non-compliance with safety rules and established procedures in the workshop.

All of the above factors are, as it were, common causes of injury. The immediate causes of injury can be a variety of things. The most common of them are: a worker falling from a height, heavy objects falling, parts, fragments or tools flying off, hands or other parts of the body getting caught in machinery or other moving equipment, blows to the arm, leg or other parts of the body with a tool, dust getting into the eyes, small fragments, etc., hot sparks flying away, contact with hot surfaces or liquids, live conductors, caustic liquids and other substances.

Nature of industrial injuries

By their nature, industrial injuries can be divided into several types. Wounds are a violation of the integrity of soft tissues (skin, muscles), which, in turn, are divided into punctured, cut and torn. Bruises - compression of soft tissues with disruption (rupture) of small blood vessels in them, with hemorrhage inside these tissues. Bone fractures (cracks, breaks, fragmentation with displacement of fragments). Dislocations - violation of the integrity and function of joints; they may be accompanied by sprain or rupture of ligaments, and sometimes rupture of the joint capsule. Thermal and chemical burns. The former arise from contact with hot surfaces or liquids, the latter from caustic liquids or other substances. Burns are divided into three degrees: the first is characterized by redness and swelling of the skin at the burn site, the second by the appearance of watery blisters, and the third by tissue necrosis (charring, ulceration). Contact of foreign bodies in the eyes (specks of dust, small fragments). Sometimes these foreign bodies can scratch the mucous membrane or even penetrate into its thickness.

Many of the above types of injuries are associated with the formation of an open wound, through which various infections can enter and cause an inflammatory process, including suppuration. Pustular diseases are the most common form of injury complication. This especially applies to minor injuries, that is, microtraumas (scratches, abrasions, small cuts, injections, etc.), when workers do not pay serious attention to them and do not seek medical help. By continuing to work on an open wound, workers contaminate it, promoting faster and more intense infection.

^ Accidents are divided: - by the number of victims - individual (one person was injured) and group (two or more people were injured at the same time); - by severity - mild (injections, scratches, abrasions), severe (bone fractures, concussion), fatal (the victim dies); - depending on the circumstances - production-related, not production-related, but work-related, and domestic accidents. Non-work-related accidents may be classified as work-related accidents or domestic accidents. An accident is recognized as work-related if it occurred while performing any actions in the interests of the enterprise outside its boundaries (on the way to or from work), while performing state or public duties, while fulfilling the duty of a citizen of the Russian Federation to save human life, etc. etc. The circumstances of work-related accidents, as well as domestic injuries, are clarified by the insurance delegates of the trade union group and reported to the labor safety commission of the trade union committee. In accordance with the Labor Code of the Russian Federation, industrial accidents that occur with employees and other persons, including those subject to compulsory social insurance against industrial accidents and occupational diseases during the performance of their labor duties and work on the instructions of an organization or an individual employer, are subject to investigation and recording in accordance with the Labor Code of the Russian Federation. persons (Article 227 of the Labor Code of the Russian Federation). From the point of view of the obligations of the employer (Article 228 of the Labor Code of the Russian Federation), as well as the procedure for investigating industrial accidents (Article 229 of the Labor Code of the Russian Federation) and registration of investigation materials (Article 230 of the Labor Code of the Russian Federation), all industrial accidents are divided into the following types: a ) accidents that caused the need to transfer the employee in accordance with a medical report to another job or the employee’s loss of ability to work for a period of at least 1 day; b) group accidents (2 or more people); c) severe accidents (according to the scheme for determining the severity of industrial accidents, approved by the Ministry of Health of the Russian Federation in agreement with the Ministry of Labor of the Russian Federation); d) fatal accidents, including group industrial accidents with a death toll of 5 or more people; major accidents with a death toll of 15 or more people. Procedure for investigating industrial accidents: general and special. Types of investigation: Regular (used for lost-time accidents) Special (used for fatal accidents) For a regular investigation, the accident investigation committee includes:

representatives of the administration where the accident occurred;

head of the labor protection department (or engineer of this department);

public labor safety inspector or other representative of a public organization.

Within 24 hours from the moment of the accident, an investigation is carried out, and the results of the investigation are entered into an act in form N-1 (4 copies). The act is sent to Ch. engineer (the act must be certified within 3 days). 1st copy - in the hands of the victim (stored for 45 years); 2nd copy - in the unit where the accident occurred; 3rd copy - in the labor protection department of the enterprise; 4th copy - to the ministry at its request. The investigation of serious and fatal, as well as group accidents, is carried out by a commission consisting of: the head of the enterprise, the chairman of the trade union committee, a technical labor inspector of the state labor safety inspectorate of the Republic of Belarus, a representative of a higher organization, a representative of state supervision, if the enterprise is under his control, a representative of the prosecutor's office (if the case is not fatal ). In this case, an act is drawn up in form H2. Non-work-related accidents can be classified as work-related accidents or domestic accidents. An accident is recognized as work-related if it occurred while performing any actions in the interests of the enterprise outside its boundaries (on the way to or from work), while performing state or public duties, while fulfilling the duty of a citizen of the Russian Federation to save human life, etc. etc. The circumstances of work-related accidents, as well as domestic injuries, are clarified by the insurance delegates of the trade union group and reported to the labor safety commission of the trade union committee. Accidents that occurred on the territory of the enterprise and in places specifically specified in the regulations for the investigation of industrial accidents must be investigated. Investigation procedure:

During the shift, the victim or an eyewitness to the accident notifies the immediate supervisor of the incident, who is obliged to organize first aid for the victim and deliver him to the medical center, report the incident to the head of the unit, and maintain the situation at the workplace as it was at the time of the accident until the investigation. , if it does not endanger workers and does not lead to an accident.

The head of the unit where the accident occurred is obliged to: immediately report the incident to the head of the enterprise, the chairman of the trade union committee.

A commission consisting of: the head of a unit (chief specialist of the enterprise), the head of the labor protection department of the enterprise (shop), the senior public labor safety inspector of the enterprise (shop) or a representative of the trade union committee (division, workshop) within three days investigates the accident and identifies its circumstances and reasons, outlines measures to prevent the recurrence of the accident, draws up an accident report in form N-1 in 4 copies and sends them to the head of the enterprise for approval.

The head of the enterprise immediately takes measures to eliminate the causes that caused the accident, within three days approves the act in form N-1 and sends one copy each to the injured person (the person representing his interests), the head of the workshop (section), the safety department, the technical labor inspector.

The act is approved by the head of the enterprise and certified with the seal of the organization. One copy of the act is given to the victim. The second copy is stored along with the investigation materials for 45 years in the organization at the main place of work (study, service) of the victim at the time of the accident. The manager is obliged to immediately report about a group, fatal or serious case to the technical inspector of the trade union serving the enterprise, a higher economic body, the prosecutor's office at the location of the enterprise, Gosgortekhnadzor or Energonadzor for objects under their control. Each such case is subject to a special investigation by a technical inspector of the trade union with the participation of representatives of the administration, trade union committee, higher economic body, and, if necessary, Gosgortekhnadzor or Energonadzor within a period of no more than seven days. The administration sends a message about the consequences of the accident to the victim to the trade union committee, the technical inspector of the trade union and the labor protection engineer department. An accident is not considered production-related if it occurs to an employee while he is manufacturing any items for personal purposes or stealing materials; as a result of intoxication, which is not the result of exposure to things used in production, etc. If the administration has come to the conclusion that there is no connection between the accident and production, then it is obliged to bring this issue to the consideration of the trade union committee. If the trade union body agrees with the administration’s proposal, an inscription is made on the act of form N-1 (in the upper right corner): “The accident is not related to production,” and is certified by the chairman of the trade union committee. Such accidents are not included in the report. For production-related accidents, the administration is responsible, and the victim is paid temporary disability benefits in the amount of average earnings at the expense of the enterprise. In case of disability resulting from injury or other damage to health, the victim is awarded a pension. In addition, he is compensated for material damage due to loss of ability to work in the amount of the difference between the lost average monthly earnings and the disability pension. The head of the site where the accident occurred is obliged to:

organize first-aid measures for the victim and hospitalize him;

take measures to prevent a recurrence;

urgently report the accident to the head of the enterprise and the trade union committee;

within 3 days, investigate the accident together with a senior public labor safety inspector and a safety engineer;

draw up an accident report in form N-1 in two copies and send it to the head of the enterprise.

The administration is responsible:

Disciplinary;

Material;

Administrative;

Many enterprises and organizations use hazardous equipment and complex technical devices in their activities. However, not all of them properly comply with safety regulations.

This often leads to workers being injured and injured due to incorrect handling of equipment or lack of complete knowledge of safety rules.

Sometimes injuries occur due to an accident or the fault of the employer.

In any of these situations, the employee must know what type of damage is, and whether he is entitled to compensation for moral and physical damage.

What is a work injury?

An industrial injury means harm to health suffered by an employee in the course of his or her work activity. In addition, as a result of the incident, the employee completely or partially loses the ability to engage in work.

An injury is considered work-related if the employee:

• at the time of the accident he was directly at his workplace and performing work tasks;
• was at the enterprise, and the incident happened during the lunch break;
• performed work tasks outside the organization during working hours;
• carried out instructions from the manager during non-working hours or outside the enterprise;
• was injured while driving to or from work, using a company car or a personal one (if this was previously agreed upon in the contract).

As a general rule, the employer is obliged to create safe and comfortable working conditions for employees in the workspace. First of all, it is he who is responsible for incidents that happen for one reason or another at the enterprise. In most cases, such situations occur due to negligence and equipment malfunction, as well as failure to comply with safety regulations.

The employer is obliged to promptly facilitate the provision of assistance to the patient, as well as compensate for the harm caused to health.



Common causes of injuries.

Injuries sustained at work may have their own causes. Conventionally, they can be divided into two large groups:

1. Injuries sustained due to the fault of the employee;
2. Injuries caused by the employer.

In addition, the responsibility of the employer itself and the amount of payments in each of these cases may not be the same.

The most common causes of work injuries include:

• faulty or incorrectly operating technical equipment. First of all, in this case, the employer is to blame, since he is obliged to provide optimal working conditions for employees and directly monitor the functionality of the equipment.

However, in a number of cases, the employee himself bears the blame if for some reason he did not report the malfunction to management and did not take measures to eliminate it. There are frequent cases of deliberate damage to equipment by workers;

• violation of safety rules. When hiring, it is mandatory for an employee to familiarize himself with the safety rules, and also, if this involves the production itself, undergo special instruction.

However, practice shows that in most cases this is nothing more than a formality, and only 20% of the total number of managers control this process and monitor the proper implementation of all standards for the prevention of dangerous situations.

In addition, many workers often neglect these rules and treat them negligently, as a result of which they are exposed to an increased risk of injury at work;

• non-compliance with working conditions by the employer. When a manager does not fully organize for workers, he risks the occurrence of increased injuries during working hours.

It is his direct responsibility to provide everything necessary for safety during the work process. It is enshrined at the legislative level, as well as by internal local acts;

• inattention and negligence of an employee. This is one of the most common reasons. Unfortunately, not all employees treat their work conscientiously.

This category also includes the appearance of an employee at the workplace in a state of alcohol or drug intoxication, and as a result, incorrect handling of equipment and injury occur;

• other reasons. Other reasons include circumstances beyond the control of the employee and his manager. These are primarily natural disasters, fires, and also power and water supply outages due to the fault of the management company.

If the unfortunate incident occurred due to the fault of an employee, in this case this type of injury is not considered an industrial injury, but a special special commission is formed, which is obliged to determine the preconditions for the incident.

Determining when injuries occur



The place of arrival plays an important role.

Determining the moment when an injury occurs is a key element in order to consider it to have occurred at work.

As a general rule, such a moment is considered to be the receipt of physical harm, as a result of which the employee acquires damage or injury. Special condition – the damage occurred during working hours.

The most important thing is that the cause-and-effect relationship between the incident and the injury received is direct. This means that only the harm that was received by the employee during direct contact with a traumatic object is compensated. This does not take into account damage received during non-working hours.

Many questions arise regarding whether a work-related injury is considered a work-related injury if it occurs while commuting to work.

Here the legislator clearly distinguishes between those situations in which injuries are considered work-related and in which they are not:

• in a company car. As a rule, such a car is issued to an employee to carry out work tasks or as a means of transportation from home to work. If a worker is injured while driving such a vehicle, it is considered work-related. Accordingly, it is subject to compensation and insurance payment;
• The case is different if the worker gets to work by personal or public transport. Then a work-related injury cannot be considered, since the employee is not directly at his workplace and does not perform the work entrusted to him;
• if the employment contract stipulates in advance that the employee will use a personal car for work purposes, damage received while driving to work will be considered industrial;
• Another exception is situations in which the employer asks to take work or other documents to some place, and the employee travels by personal or public transport. In this case, the injury will also be considered to have occurred at work.

Types of injuries

The type of injury received at work is determined by a medical professional and documented.

Injuries are divided into:

1. Light, if the organization’s worker received minor injuries causing minor harm to health. These include injuries, shallow wounds, cuts, bruises;
2. Severe, when the employee has serious injuries, such as fractures, traumatic brain injuries, blood loss of more than 20%, significant disruption of the functioning of internal organs, bruises of internal organs;
3. Resulting in death.

Depending on the type of damage received, the amount of insurance payments and compensation is established.

Types of payments



Payments are due for injury.

An employee who has received an injury, mutilation or other type of health damage at the direct place of work has the right to receive certain and established types of payments and compensation:

• payments for the temporary inability of a worker to carry out his work duties. They imply full replenishment of payment for a month of work on sick leave;
• compensation that is allocated to an employee for treatment and restoration of well-being after injuries received at work;
• compensation for procedures aimed at the subsequent rehabilitation of the employee;
• payments made by an insurance company, the frequency of which is one month;
• compensation to relatives in situations where the incident resulted in the death of a worker;
• payments for moral suffering and moral damage caused to an employee. The amount is determined by mutual consent and agreement of the parties, and in case of discrepancies, the victim has the right to demand this type of payment through legal proceedings;
• a one-time lump sum payment as financial support.

How to calculate the payment?

Payments to the injured employee are made within a specified time frame. From the moment the fact of industrial injury is confirmed, the amount is paid within 5 to 30 days.

If minor damage to health was caused, compensation is provided by the employer.

In case of serious harm, payments are taken over by the Social Insurance Fund (SIF).

The amount that is due to the injured employee is calculated according to a certain formula: Sk = Pm / Dn * Db.

Designations:

Procedure for the employee and employer in case of injury



Special procedures in case of injury.

In the event of an injury at work, the worker must first report the incident to management or the head of the structural unit. Then you should perform a series of actions:

• It is imperative to wait for the incident to be recorded in writing by the management or medical worker of the enterprise. If you ignore this step and go to the hospital right away, there is a risk that such an injury will not be recognized as caused at work;
• If possible, involve witnesses so that they can confirm the fact of injury occurring at the workplace. You should not consult a doctor until a written report of the incident has occurred;
• go to the hospital. Medical workers will examine the victim and issue a report on the severity of the injuries received. In addition, experts recommend that workers contact medical professionals with a request to certify in writing any significant facts, complications and pathologies of the injury. This guarantees that the employer will not be able to prove the absence of a work-related injury and will pay compensation in full;
• after this, it is worth preparing a package of documents for further submission to the employer. On their basis, the payment due to an employee injured at work will be made;

Required documents
Production	Medical
	Sick leave
Court decision (if the fact of the incident was recorded by the court)	Receipt for medicines and paid medical services received
Employment contract	Extract from the medical history
Report of an industrial injury	Certificate of disability (if available)
Witness testimony (if any)	Conclusion of medical examination

• The employer, in turn, must take the following actions:
1. Provide first aid to the victim, if possible, involve a medical employee of the organization for this;
2. Record the fact of a worker being injured at work;
3. Ensure that the employee is transported to a medical facility and, if necessary, call an ambulance;
4. Create a commission that will investigate what happened. It must include at least three employees of the organization;
5. The commission draws up a protocol establishing all the circumstances of the incident, as well as determining the cause-and-effect relationship between the incident and the injury received by the employee.

If the harm caused to the worker is minor, the protocol must be ready within three days.

In case of severe damage, this period increases to 15 days;

• prepare a package of documents for subsequent submission to the Social Insurance Fund.

Who pays for a work injury?



The employee can go to court.

Payments are made by:

• Social Insurance fund, if the harm caused to the employee was assessed by the medical commission as serious;
• employer, if the harm suffered by the employee is minor.

In addition, the employer is obliged to pay the employee compensation for moral damage received. The exact size is agreed upon by both parties in advance. If it is not possible to reach a common opinion, the amount is determined by the court. However, in most cases, the employee and employer find a compromise solution.

It is also important to remember that a work injury has no statute of limitations. This means that an injured employee can make a claim for damages from the employer at any time.

If the manager refuses, the worker has the right to file a claim in court to legally protect his rights.

Bottom line: issues related to in most cases are resolved in favor of the employee. However, he needs to know in which situations he is entitled to compensation and in which he is not. It is also important to document all stages of the injury. This guarantees full compensation for the physical and moral harm received.

From this video you will learn about the rights and responsibilities of an employee in the event of a work injury.

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