Accounting what documents injury at work. The procedure for issuing an act of industrial injury and a list of other necessary documents. Classification of industrial injuries

It's fast and free!

By injury at work, the legislator understands injury to an employee a certain degree of severity in the implementation of their job duties directly during work. ?

Also, this type of incident can be understood as an injury. during business trip or following to the place of work.

Such cases are subject to mandatory written registration and documentary fixation.

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

Step 1. Call for medical help.

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

In case of minor injuries that do not cause moderate or severe harm to the health of the employee, they must be sent to a medical facility to fix the injury and receive the first necessary aid.

In a medical institution or at the place of production, ambulance staff will document the fact of the injury and the preliminary severity.

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

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

Registration can be done by drawing up diagrams, using photo and video equipment. This procedure is necessary for an objective investigation conducted by the commission and can help the employer avoid additional penalties, both on the part of the employee and the employer.

Step 3. Registration.

Then, immediately issue normative act- an order to establish a commission to investigate the incident. In the event of serious injuries and a threat to the life of an employee, a representative of the state labor inspectorate must be included in the commission.

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

Step 4. Registration of an industrial injury in the journal.

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

Step 5. Investigation.

The commission conducts an investigation within 15 calendar days. If it is necessary to carry out additional work, such as technical expertise and evaluation of the materials and behavior of the company's employees, the investigation period may be extended by an annex to the order.

Step 6. Making a decision.

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

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

Step 7. Payments to the victim.

After the decision and the absence judicial procedures the employer is obliged to pay the employee the due allowance, and in the event of the employee's fault, he must compensate for the losses of the enterprise as downtime, lost profits or fines. ?

At the same time, in any case, the employee is entitled to payments at the expense of the health insurance fund.

What documents should be used to record an accident at work?

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

Protocol inspection of the scene. The primary document, which is issued immediately after the incident.
Trauma Recording Journal at work - after fixing the circumstances of the incident, the representative of the employer fixes the time and other data about the injury that occurred at work. This documentary evidence is important when conducting an inspection by the labor inspectorate.
Act about an industrial injury is drawn up after the protocol is drawn up, and serves as documentary evidence for the start of an investigation at work.
Order on the establishment of a special commission of inquiry. This normative act draws up the composition of the commission and indicates the term for the investigation.
Commission decision on the investigation of injuries at work. When making a decision, all the facts of the incident are taken into account, and the guilt of the parties is determined.

sample act

An occupational injury report is drawn up in accordance with a single document management standard. A sample of the act must be kept by a labor protection specialist.

In case of its absence, you can contact the state labor inspectorate, where you can get both the act itself and information about its execution.

It is important that in the act where describe all the circumstances of the event, were signed by the parties on familiarization with this document.

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

Registration in the journal

To register emergency situations and incidents, each enterprise has a special injury register. The specialist in labor protection is responsible for the design of the journal.

When an injury occurs the responsible person enters into the log the main circumstances of the incident- the time and place of the incident, the initials of the victim, data on the person responsible for the production site where the injury occurred and other facts and circumstances.

Enterprise investigation

During the investigation of a work-related injury The Commission may prepare and submit the following materials:

Medical report on the condition of the victim and the extent of the injuries. This document is drawn up by a medical institution and attached to the commission's study materials.
Materials of the protocol of inspection of the scene. These materials can be diagrams and drawings of the scene. Also, testimonies of employees of the enterprise can serve as evidence.
Materials of photo and video recording of the scene. These materials may shed light on the circumstances of the worker's injury, the absence or presence of violations in compliance with safety regulations and the peculiarities of the production process.
Materials on the conduct of technical and other types of expertise. In case of ambiguity of what happened at the initiative of the parties, various examinations may be appointed to determine the degree of guilt.

Backdating

There are some attempts by employers to document the facts of an injury at work “backdating”.

Booth

Hello, I think you will have to prove in court that the injury is industrial, since this person will no longer be able to work in this company, the employer will not be able to negatively influence your situation, enlist the support of witnesses and also if there is other evidence that the injury was received at the workplace.

you are supposed to if the injury is recognized as work-related

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 since the employer will definitely not make concessions and will not pay anymore, it is advisable to decide the case in court, as well as involve other bodies, the prosecutor's office and the labor inspectorate on the fact of possible violations by the employer of safety regulations at work

Article 9

1. Temporary disability benefit due to an accident at work or occupational disease is paid for the entire period of temporary disability of the insured person until his recovery or permanent loss is established. professional working capacity in the amount of 100 percent of his average earnings, calculated in accordance with the Federal Law of December 29, 2006 N 255-FZ "On the mandatory social insurance in case of temporary disability.

Was the lawyer's answer helpful? + 0 - 0

Collapse

received
fee 42%

Lawyer

Chat

10.0 rating
expert

Hello

the problem is that now everything is not formatted correctly

and if the company is black, then only receive money, as they say, how much they give - ideally, sign some kind of agreement, or at least that this money was given out as a bonus.

it's just that if you now file a complaint with the labor inspectorate, you have no evidence that the injury was at work. not at home

Article 229. Procedure for the formation of commissions for the investigation of accidents
(in ed. federal law dated 30.06.2006 N 90-FZ)
To investigate the accident, the employer (his representative) immediately forms a commission consisting of at least three people . The commission includes a labor protection specialist or a person appointed responsible for organizing labor protection work by an order (instruction) of the employer, representatives of the employer, representatives of the elected body of the primary trade union organization or other representative body of employees, authorized for labor protection. The commission is headed by the employer (his representative), and in the cases provided for by this Code, by an official of the relevant federal body executive power, exercising state control(supervision) in the established field of activity.
When investigating an accident (including a group one), as a result of which one or more victims received severe health injuries, or an accident (including a group one) with a fatal outcome, the commission also includes the state labor inspector, representatives of the executive authority of the subject Russian Federation or body local government(as agreed), representative territorial association organizations of trade unions, and when investigating these accidents with the insured - representatives executive body insurer (at the place of registration of the employer as an insurer). The commission is headed, as a rule, by an official of the federal executive body authorized to conduct federal state supervision for compliance with labor legislation and other regulatory legal acts containing labor law norms.

1. What acts are used to document industrial accidents?
Based on the results of the investigation of an accident, which was qualified as a production accident, an act is drawn up (Decree of the Ministry of Labor of Russia of October 24, 2002 N 73). The choice of form depends on the severity of the accident and professional affiliation affected workers.
1. The act of an accident at work (form H-1).
It is issued for each victim (with the exception of professional athletes), if the investigation commission recognized the accident as related to production (part 1 of article 230 of the Labor Code of the Russian Federation, paragraph 1 of clause 26 of the Regulations on the investigation of accidents).
The act is drawn up in two copies, one for the employee and the employer (part 1 of article 230 of the Labor Code of the Russian Federation).
An additional copy is made up for the insurer if the accident occurred with the insured employee (parts 3, 6 of article 230 of the Labor Code of the Russian Federation, paragraph 3 of clause 26 of the Regulation on the investigation of accidents).
See a sample of filling out an industrial accident report.
Guide to personnel issues. Occupational Safety and Health. Accident at work
Publication information
Prepared by specialists of Consultant Plus JSC

sick leave which will be given for 4 months - you will be required to pay of course - but based only on the white salary - the same 15,000, while taking into account the length of service of the employee - up to 5 years, over 5 years, etc. - that is, in the amount of 60%, 80%, or 100%, respectively, of the salary

the employer must offer you other vacancies if, due to health, the person can no longer fulfill his past duties

the problem is that there may not be such vacancies and then this is a dismissal

Was the lawyer's answer helpful? + 0 - 0

Collapse

Grishina Vera Viktorovna, Lawyer, Moscow

Chat

What's the best way to do it now? Is it possible to reissue sick leave for an industrial injury? How should you interact with the employer in order to protect and provide yourself as much as possible?
Booth

Good evening Booth. Probably, there are some reasons for people to make such verbal agreements with the employer, but, as a rule, they are not executed, or they are executed at the discretion of the employer, as he considers himself “correct”. Act according to the law. After all, you already understand that sick leave payments will be more than 30 thousand, and, what no, but protection will be further upon subsequent dismissal, if it is associated with the inability to perform labor functions due to injury. Submit an accident report to your employer now, requesting that it be properly filed. There are witnesses, perhaps, and written confirmation of going to work, and so on.

Was the lawyer's answer helpful? + 0 - 0

Collapse

received
fee 42%

Lawyer, Moscow

Chat

however, it will not be easy to prove the fact of a work injury, taking into account the documents already drawn up, so consider what is more expedient for you, agree to the conditions of the employer, which were most likely only verbally stated, that is, there are no guarantees of paying even 30 thousand, or defend your own the right in court that the option is not bad for you if you can provide enough evidence.

Was the lawyer's answer helpful? + 0 - 0

Collapse

Lawyer, Moscow

Chat

Hello. The procedure for registration is determined by the "Labor Code of the Russian Federation" dated December 30, 2001 N 197-FZ (as amended on July 3, 2016) (as amended and supplemented, effective from January 1, 2017)

Article 230
For each accident, qualified by the results of the investigation as an accident at work and entailing the need to transfer the victim in accordance with a medical report issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation, to another job, loss of his ability to work on a period of at least one day or the death of the victim, an act on an accident at work is drawn up in the prescribed form in two copies, having equal legal force, in Russian or in Russian and the state language of the republic that is part of the Russian Federation.
In case of a group accident at work, an act on an accident at work is drawn up for each victim separately.
In the event of an accident at work with the insured, an additional copy of the report on the accident at work is drawn up.
The act on an accident at work must contain a detailed description of the circumstances and causes of the accident, as well as the persons who committed violations of labor protection requirements. If the fact of gross negligence of the insured, which contributed to the occurrence of harm or an increase in the harm caused to his health, is established, the act indicates the degree of fault of the insured as a percentage, established by the results of the investigation of the accident at work.
After the completion of the investigation, the report on the accident at work is signed by all persons who conducted the investigation, approved by the employer (his representative) and certified with a seal (if there is a seal).
(as amended by Federal Law No. 82-FZ of April 6, 2015)
The employer (his representative), within three days after the completion of the investigation of an accident at work, is obliged to issue one copy of the certificate of an accident at work approved by him to the victim (his legal representative or other authorized person), and in case of an accident at work with a fatal outcome - to persons who were dependents of the deceased, or persons who were closely related or related to him (their legal representative or other authorized person), at their request. The second copy of the said act, together with the materials of the investigation, is kept for 45 years by the employer (his representative), who, by decision of the commission, records this accident at work. In case of insured events, the employer (his representative) sends the third copy of the industrial accident report and copies of the materials of the investigation to the executive body of the insurer (at the place of registration of the employer as an insurant) within three days after the completion of the investigation of the industrial accident.
(as amended by Federal Law No. 80-FZ of May 7, 2009)
In the event of an accident at work that occurred with a person who was sent to perform work to another employer and participated in his production activities (part five of Article 229 of this Code), the employer (his representative) who had the accident sends a copy of the accident report at work and a copy of the investigation materials at the place of the main work (study, service) of the victim.
Based on the results of an investigation of an accident qualified as an accident not related to production, including a group accident, a serious accident or an accident with a fatal outcome, the commission (in the cases provided for by this Code, the state labor inspector who independently conducted the investigation of the accident) draws up an act on the investigation of the relevant accident in the prescribed form in two copies of equal legal force, which are signed by all persons who conducted the investigation.
The results of the investigation of an accident at work are considered by the employer (his representative) with the participation of the elected body of the primary trade union organization in order to take measures aimed at preventing accidents at work.

Contact the state labor inspectorate.

Article 229.3. Investigation of accidents by state labor inspectors
The state labor inspector upon revealing a hidden accident, receiving a complaint, application, other appeal from the victim (his legal representative or other authorized person), a person who was dependent on the deceased as a result of an accident, or a person who was closely related or related to him ( their legal representative or other authorized representative), on their disagreement with the conclusions of the commission for the investigation of the accident, as well as upon receipt of information objectively indicating a violation of the investigation procedure, conducts an additional investigation of the accident in accordance with the requirements of this chapter, regardless of the limitation period of the accident . An additional investigation is carried out, as a rule, with the involvement of a trade union labor inspector, and, if necessary, representatives of the relevant federal executive body exercising state control (supervision) in the established field of activity, and the executive body of the insurer (at the place of registration of the employer as an insurer). Based on the results of an additional investigation, the state labor inspector draws up a conclusion on the accident at work and issues an order that is mandatory for the employer (his representative).
(as amended by Federal Law No. 242-FZ of July 18, 2011)
The state labor inspector has the right to oblige the employer (his representative) to draw up a new act on an industrial accident if the existing act is drawn up with violations or does not correspond to the materials of the accident investigation. In this case, the previous act on the accident at work is recognized as invalid on the basis of the decision of the employer (his representative) or the state labor inspector.

Was the lawyer's answer helpful? + 0 - 0

Collapse

Tunieva Elena

Lawyer, Rostov-on-Don

3067 responses
1007 reviews

Good evening! Require the employer to investigate the accident. The injury is work-related and should be recognized as such. After recognizing the injury as a work-related sick leave, it must be completed. To do this, the doctor must enter in the cell "change code" new code 04. Contact medical institution with a copy of the act in the form of H-1, confirming the change in the cause of disability, the employer must. After all, he is obliged to calculate the allowance correctly, and the reason for disability may affect the amount of the allowance. If the employer refuses to investigate or does not recognize the injury at work, you will have to go to court.

Was the lawyer's answer helpful? + 0 - 0

Collapse

Tunieva Elena

Lawyer, Rostov-on-Don

3067 responses
1007 reviews

In the process labor activity whether it's an office or industrial enterprise, there is a possibility of an accident, and the employee may be injured at work. This fact must be reported to management immediately. However, some people are afraid of problems or bureaucratic delays, so they try to make the incident look like a domestic one. Hiding this fact, the employee in the future, in the event of complications, may be left without the help that is due to him by law.

What is a work injury

The main task of the labor protection service at work is to reduce the facts of occupational diseases and injuries, as well as to minimize their consequences. Accidents that result in injury or injury to a worker are what count as an occupational injury. It should be understood that this concept affects not only the time of direct stay at the workplace, but also the following situations:

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

Legal regulation

Currently, Russia has developed a system of legal acts that are guided by, investigating and preventing injuries at work. If we take into account the specific features of production with their local provisions, job descriptions, it can be stated 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, labor protection services develop special schemes, some formulas that contribute to a more thorough and verified investigation of accidents. In addition, in this way, the awareness of workers about their rights and obligations is increased in order to prevent harm to health and protect against injury.

The main causes of industrial injuries

Accurate performance of labor duties and compliance with safety regulations helps to 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 technological process, and 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 divided. According to the number of victims, injuries received 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 associated directly with production process and not related to it, but related to work. According to severity, it is customary to allocate:

light (shots, scratches, abrasions);
severe (bone fractures, concussion);
fatal (the victim dies).

Injury at work

According to statistics over the past decade, the number of injuries associated with professional activity, decreased. They attribute this not to the improvement of working conditions and increased responsibility of management and subordinates, but to a reduction in the number of workers employed in hazardous industries where the risk of injury is higher than usual. Often, the statistics are related to the concealment of incidents, since this threatens the management with major troubles, so the employee is persuaded to file an injury as non-production, promising him time off and unscheduled payments.

What threatens the organization

For violation of legislation in the field of labor protection, as a result of which it was recorded work injury threatens the leadership of the organization with disciplinary, administrative and even criminal liability. This can be a reprimand, dismissal, fines amounting to several thousand rubles, a complete stop of production until the reasons for what happened are clarified. Upon the death of an employee, the manager may be imprisoned or sent to corrective labor.

What should an employee do

The first thing the victim must do if an injury is received 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 qualified as domestic. Next, you need to notify your immediate superiors about what happened on your own or through witnesses and call medical worker who will assess the severity of the injury.

Responsibilities of the manager in the event of an accident at work

The episode that has occurred requires the employer to take urgent measures that will subsequently help to avoid big problems, and in some situations not be responsible if the injury was the fault of the employee. The direct responsibility of the management is to provide first aid to the victim until the causes are clarified, and if necessary, transport him to the department of the medical institution. If, as a result of what happened, an emergency situation or a catastrophe can develop, the manager is urgently obliged to take measures to prevent and prevent them.

Creation of the commission

A prerequisite for investigating an industrial accident is the creation of a commission whose duties include finding out all the causes of the incident. According to the legislation, the victim himself may also be included in it in order to exclude the 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 turns out for what reason the work injury was received, both the victim himself and the witnesses of the incident are interrogated. Authorized persons are obliged to find out who is the culprit of what happened with the aim of subsequent punishment in accordance with the law. The severity of the damage must be determined.

How to file a work injury

An injury received for any reason at the workplace must be recorded in a special journal. The very fact of an emergency is reflected by drawing up an act on what happened according to the model 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 transferred to the 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 native language of the employee. The formal paper must contain the following information:

information about the accident;
the circumstances and causes of the incident;
information about the perpetrators;
the degree of guilt of the victim;
witness statements, if any.

Where to report an accident

The head 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 fact of 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 self-government, the immediate supervisor of the employee, if he is on a business trip, and the trade union. In the event of acute poisoning, Rospotrebnadzor is also informed about the incident.

What documents are required 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 a number of papers to the Social Insurance Fund for accruing 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 for calculating insurance payments.

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

Documents from the injured employee

An injured employee also needs to present a certain list of documents. First, it is an application for an injury benefit. Secondly, the conclusion of the medical and social examination, which indicates the degree of disability. You will have to submit an opinion on the types of medical, social and vocational rehabilitation prescribed and the recovery program itself. It will not be superfluous to attach documents that will testify to your own expenses for rehabilitation and treatment.

What are the benefits 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 the 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 victim works pays monthly contributions to the FSS, then it is only a link, transferring the money coming from the Fund to the injured employee. Check out the online service for reporting to the FSS.

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

How sick leave is paid

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

Lump sum insurance payment

There are certain limits that affect the size lump sum payment when injured at work. They are established on the basis of a special government decree. For 2019, the maximum amount is 80534 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. It must take into account the damage caused to the employee and the degree of disability.

Monthly insurance payment

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

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

Additional payments for the rehabilitation of an employee

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

Compensation for moral damage

An occupational injury is also a great stress, therefore, an employee has every right, in accordance with the law, to count on compensation for moral damage caused if the incident occurred through no fault of his. When the manager refuses such payment, the employee may apply to the court for resolution of the dispute. The amount is determined by agreement of the parties, but may be appointed by the courts. Often the employer prefers to compensate moral damage rather than pay compensation in the future.

Death at work - payments

If a work-related injury resulted in the death of an employee, then close relatives of the patient are entitled 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;
certificate of salary of the deceased;
certificate of the presence of dependents;
documentary evidence of funeral expenses.

Responsibility for concealing an accident at work

An occupational injury resulting from an accident at work should be recorded, and all such incidents should be investigated in the prescribed manner. If the employer refuses to issue an act of industrial injury, the employee has every right to seek this through special authorities and the court. To confirm this, photo and video shooting, the testimony of witnesses are used, because it will be difficult to prove an emergency without traces of visibility.

When a leader tries to hide the fact of an accident, he falls under liability, since the insured event is being concealed. These include actions when the employer has not created a commission of inquiry. For all this, administrative responsibility is provided in accordance with the Code of Administrative Offenses.

Video

Did you find an error in the text? Select it, press Ctrl + Enter and we'll fix it!

M.A. Kokurina, lawyer

Work injury surfaced: what to do?

How to file an accident at work, which was not immediately known

It happens that an employee, having been injured at work, is already recovering, and in the accounting department you find out that the injury was at work, only from a sick leave with an unpleasant code “04” Order of the Ministry of Health and Social Development dated April 26, 2011 No. 347n.

Your task is to quickly guide the management on how to act in such a situation, to which authorities to report the incident. After all, from correct design an accident at work depends on how to pay sick leave to the victim and reimburse benefits from the FSS.

In addition, compliance with the rules for notifying industrial emergencies will help the company and its manager avoid fines for failure to provide the necessary government agencies with the information provided for by law. Art. 19.7 Administrative Code of the Russian Federation.

STEP 1. Establish the "production" of the accident

First, check with the victim what, where and when happened to him, that is, make sure that the accident really happened at work. Suppose an employee was walking home from work and sprained his leg. And in the hospital he said out of ignorance that it was an industrial injury. But is it?

An injury will be considered work-related if it meets the following criteria and Art. 227 of the Labor Code of the Russian Federation.

WHO was hurt?

Injured:

your employee;
another man, involved in production activities companies, - apprentice, trainee, trainee;
human, working for you under a civil law contract, which says that you pay for it insurance premiums"for injuries" in the FSS paragraph 1 of Art. 5 of the Law of July 24, 1998 No. 125-FZ (hereinafter - Law No. 125-FZ).

WHERE suffered?

The events that led to the injury happened on your premises or in another place where work is performed, on the road, in particular when following:

to work / from work on the transport of the organization or on the personal transport of the employee, if it is used for production purposes by order of the manager or by agreement with the employee;
to the place of business trip and back;
on a business trip by public/official transport;
to the place of performance of a specific task by order of the employer and back, including on foot.

WHEN was it hurt?

When performing work duties or performing written or oral assignments of a manager who goes beyond the scope of labor functions Art. 227 of the Labor Code of the Russian Federation, performing other actions in the interests of your company:

during business hours, including during the established breaks, putting in order the tools of production and clothing, when performing overtime work or work on weekends and non-working holidays;
during inter-shift rest when traveling on transport as a shift (for example, shift driver) or when working on a rotational basis, as well as when being on an air, sea or river vessel in their free time from watch and ship work.

STEP 2: File your work injury

So, you already understood that in the example of a dislocation on the way home, the injury is not industrial. In such a case, it is enough:

draw up an acceptance certificate from a sick leave employee with the wrong code for the reason for temporary disability. The employee must sign this act;
ask him to write an explanation about what happened to him and that he gave the doctor an incorrect description of the injury.

Attention

You must notify the FSS of any accident at work Art. 228.1 of the Labor Code of the Russian Federation. And the need to notify other authorities arises depending on various circumstances.

But if you find out that your employee injured his leg, for example, in an accident during a business trip in a private car, then this is already an accident at work. And you have to act like this. articles 229.1, 228.1 of the Labor Code of the Russian Federation.

STEP 1. Record the date you learned about the work-related nature of the injury. Ask the employee on the same day that he brought you sick leave to write a statement about the investigation of an accident at work, as a result of which he was injured at work. Art. 229.1 of the Labor Code of the Russian Federation, and the payment of benefits for temporary disability in connection with an industrial injury.

STEP 2. Direct in the name of the leader medical facilities, where the victim was treated, a letter of extradition to you conclusions in the form No. 315 / y about the severity of the injury par. 1 Appendix No. 3 to the Order of the Ministry of Health and Social Development of April 15, 2005 No. 275.

STEP 3. Within a day from the date of receipt of the application from the employee report the accident to the FSS in production according to a special form Appendix 1 to the Order of the FSS dated 08.24.2000 No. 157; Art. 228.1 of the Labor Code of the Russian Federation; sub. 6 p. 2 art. 17 of Law No. 125-FZ; clause 5 of the Regulations, approved. Decree of the Ministry of Labor of October 24, 2002 No. 73 (hereinafter - Decree of the Ministry of Labor No. 73).

STEP 4. If a it is clear from the medical report that severe injury, then:

make up in any form an act on obtaining an opinion in the form 315 / y. Let the victim himself sign the act, if he brought you a conclusion, or the health worker who issued it;
direct within 24 hours from the date of receipt from the employee of the conclusion on the recognition of the injury as severe severe accident notice form 1 ; Art. 228.1 of the Labor Code of the Russian Federation:

To the labor inspectorate at your location;

To your FSS branch;

To the prosecutor's office at the scene of the incident;

To the administration of the subject of the Russian Federation and (or) the administration of the local government at the place of state registration of the company;

To the state agency that controls the area of activity in which your company operates (for example, if you construction company, then to Rostekhnadzor, if you sell medicines, then to Roszdravtekhnadzor);

In the territorial association of trade unions.

You can attach copies of the 315 / y medical report and your act of receipt to the notice, so that you can see when and under what circumstances you learned about the accident and how serious the injury was.

STEP 3. Report the results of the work injury investigation

Investigate accident within a month from the date of receipt of sick leave from the employee. To do this, do the following articles 229, 229.1, 229.2 of the Labor Code of the Russian Federation.

STEP 1. Issue an order to establish a commission of inquiry accident of at least three people:

<если> minor injury, then the commission can include, for example, the head of the unit in which the emergency occurred, the employee responsible for labor safety, a representative of the trade union (if there is one in your organization). The head of the commission may be the head of your company;
<если> severe injury, then the commission should include, in addition to your employees, a labor inspector, representatives of the Social Insurance Fund and authorities - regional or local. In this case, the Commission will be headed by a representative of Ros-Tru-Da Art. 229 of the Labor Code of the Russian Federation.

Depending on what, when and where happened, the commission during the investigation may interview the victim, eyewitnesses (if there is their data), request information about the incident, for example, from the traffic police, examine the scene and draw up an inspection report in form 7 Appendix 1 to the Decree of the Ministry of Labor No. 73; Art. 229.2 of the Labor Code of the Russian Federation.

STEP 2. Based on the results of the investigation and on the basis of its materials, draw up an accident report at work in the form H-1 in three copies x approved Decree of the Ministry of Labor No. 73.

STEP 3. Give one copy of the act to the victim, keep the second one for yourself, third - with a copy of the investigation materials send to FSS within 3 days from the date of its completion Art. 230 of the Labor Code of the Russian Federation.

STEP 4. Pay sick leave for work injury

Recall that temporary disability benefits due to an industrial injury must be paid in the amount of 100% of average earnings, regardless of the length of service of the victim. Art. 9 of Law No. 125-FZ, but not more than four times the maximum amount of the monthly insurance payment s paragraph 2 of Art. 9, paragraph 12 of Art. 12 of Law No. 125-FZ.

Such sick leave must be paid from social insurance funds from the 1st day of disability.

TELLING THE MANAGER

Payment for the injury of a drunk worker- this is usually a dispute with the FSS. Therefore, it is better to send a tipsy worker home immediately.

But since on the day you received a sick leave from an employee, you still do not have the materials of your investigation and evidence of the industrial nature of the injury, you cannot immediately attribute the benefit to settlements with the FSS for "accident" insurance. Therefore, in the period of payment of this benefit, it can be attributed to settlements with the FSS for social insurance as for domestic injury (3 days - at your own expense, from the 4th day - from the FSS). Make the following wiring:

In calculation 4 of the FSS, show the allowance in section I in the general order.

When your commission draws up an act stating that the accident is at work:

make the wiring:

submit to the FSS an updated form-4 of the FSS, wherein:

Remove from section I (line 15 of table 1 and line 1 of table 2) the amount of benefits paid from the 4th day of sick leave from the FSS;

Include in section II (line 11 of table 7 and line 1 of table 8) the amount of the total disability benefit due to an industrial accident.

If your company does not investigate an accident that is really a work accident, then the victim or his relatives can apply to the labor inspectorate with a statement about the work injury. And they can do it at any time. And the labor inspectorate can issue you an order to investigate. After all, there is no statute of limitations for investigating accidents at work. Part 1 Art. 229.3 of the Labor Code of the Russian Federation; clause 25 of the Regulations, approved. Decree of the Ministry of Labor No. 73.

In addition, labor inspectors can fine the company and its directors for concealing an insured event. Art. 15.34 Administrative Code of the Russian Federation; Decree 11 of the AAC dated 06.12.2011 No. A49-5633 / 2011 if they discover that the accident report and the materials of its investigation have not been sent to the necessary authorities or sent there out of time. This was confirmed to us in the FSS itself.

FROM AUTHENTIC SOURCES

ZARUBIN Vasily Alexandrovich

Deputy Head of Department of the Department of Occupational Risk Insurance of the FSS of the Russian Federation

“If the insured (organization) for compulsory social insurance against accidents at work and occupational diseases does not inform the insurer about the occurrence of an insured event, does not investigate the accident at work in the manner prescribed by the Labor Code of the Russian Federation and other regulatory legal acts, or does not provide the insurer in a timely manner the results of such an investigation, he may be held administratively liable under Art. 15.34 Administrative Code of the Russian Federation.

However, in Art. 23.12 of the Code of Administrative Offenses of the Russian Federation (where the state labor inspectorate is given the authority to consider cases of a number of administrative offenses), this article is not indicated. However, reference is made to Art. 5.44, which is no longer valid since January 2010. Due to the fact that Art. 15.34 of the Code of Administrative Offenses of the Russian Federation actually duplicated the provisions of Art. 5.44, it seems that it is the state labor inspectorate that can fine for concealing an insured event.

It is possible that in such cases, even if the labor inspector does not apply liability under Art. 15.34 of the Code of Administrative Offenses of the Russian Federation, he can fine you for violating labor legislation and labor protection under Art. 5.27 of the Code of Administrative Offenses of the Russian Federation.

Indeed, if you do not report, for example, to the FSS about an accident at work, if you refuse to investigate it, you violate, first of all, labor laws on Art. 5.27 of the Code of Administrative Offenses of the Russian Federation; Art. 228 of the Labor Code of the Russian Federation; sub. 6 p. 2 art. 17 of the Law of July 24, 1998 No. 125-FZ.

An employee of our company, an installer, fell from a height and broke both legs. The injury is 100% industrial, but this is the first time we have encountered this. Could you tell in detail what actions need to be taken, what documents to issue, how sick leave is calculated according to code 04, and all the other nuances of an industrial injury?

Answer

An accident at work is an event as a result of which an employee was injured or otherwise injured in connection with the performance of duties for employment contract and in some other cases provided for by law (paragraph 10, article 3 of Law No. 125-FZ).

An accident at work that occurred to an insured person or a person subject to compulsory social insurance against accidents and occupational diseases is recognized as insurance (part 7 of article 229.2 of the Labor Code of the Russian Federation). Report its occurrence within 24 hours to the territorial office of the FSS of Russia (subparagraph 6, paragraph 2, article 17 of the Law of July 24, 1998 No. 125-FZ). Send the message in the form approved by the order of the FSS of Russia dated August 24, 2000 No. 157.

Read more about sick leave here:

At the same time, it is necessary to organize an investigation into the accident (clause 5, clause 2, article 17 of Law N 125-FZ).

In the event of an accident in the organization, the employer is obliged to ensure the investigation of such an event at the expense of own funds.

Form a commission to investigate immediately. The number of members of the commission must be at least three (part 1 of article 229 of the Labor Code of the Russian Federation). In all cases, the commission must consist of an odd number of members (clause 8 of the Regulations approved by the Decree of the Ministry of Labor of Russia of October 24, 2002 No. 73). The committee should include:

labor protection specialist or a person appointed responsible for labor protection;

representative of a trade union or other representative body of employees (if any in the organization).

If the worker is slightly injured as a result of an accident, the investigation must be completed within three calendar days. If the damage is severe or the accident was fatal - within 15 calendar days. If by objective reasons this time is not enough, the chairman of the commission may extend the investigation for another 15 days, but no more. The terms of investigation of an accident are calculated in calendar days, starting from the date of issuance of the order on the formation of a commission to investigate the accident.

During the work of the commission, the employer is obliged to create the necessary conditions to establish all the circumstances of the accident. For example, to provide the commission with transport, photo and video shooting, etc. (part 2 of article 229.2 of the Labor Code of the Russian Federation).

Control over compliance with the established procedure for investigating and recording accidents at work with the right to conduct inspections is carried out by Rostrud and its territorial bodies (clauses 1, 2 of the Regulations approved by order of the Ministry of Health and Social Development of Russia dated September 21, 2011 No. 1065n).

If the commission determines that the accident is at work, then draw up an act in the form H-1, approved by the Decree of the Ministry of Labor of Russia dated October 24, 2002 No. 73, in two copies (part 1 of article 230 of the Labor Code of the Russian Federation).

In addition, the results of the investigation of an accident at work must be formalized:

an act on the investigation of an accident (form 4) (if it is a serious or group accident, as well as an accident with a fatal outcome);

protocol of inspection of the place of the accident (form 7);

protocol of questioning the victim or eyewitness of the accident (form 6);

a medical report on the nature of the injuries received as a result of an accident at work and their severity (form No. 315/y);

a certificate of the final diagnosis of the victim of an accident at work (form No. 316 / y).

All accidents must be recorded in the occupational accident register (form 9) (part 1 of article 230.1 of the Labor Code of the Russian Federation).

The completed act in the form of H-1 and all materials of the investigation must be approved by the head and within three days send its first copy to the victim.

The second copies of the acts on the accident and its investigation, together with the materials, are kept for 45 years.

If the accident is recognized as insurance, then send the third copy of the act, along with copies of the investigation materials, to the territorial office of the FSS of Russia (part 6 of article 230 of the Labor Code of the Russian Federation).

Similarly, it is necessary to do with the act of investigation of the accident (form 4). Send one copy with copies of materials within three days after approval by the head to the prosecutor's office. In addition, submit copies of the act and materials of the investigation to the labor inspectorate and to the territorial office of the FSS of Russia.

At the end of the temporary disability of the victim (in cases of death - within a month after the completion of the investigation), draw up a report on the consequences of the accident at work and measures taken(form 8). Send it to:

to the labor inspectorate;

to the relevant territorial authority on control and supervision in the established field of activity (if the accident occurred in an organization controlled by this body). For example, for trade organizations, such a body is Rospotrebnadzor (clause 5 of the Regulations approved by Decree of the Government of Russia dated June 30, 2004 No. 322);

to the territorial branch of the FSS of Russia (if the accident is insured).

Regarding sick pay.

If, as a result of an accident at work or an occupational disease, your employee temporarily lost his ability to work (fell ill, injured, etc.) and did not go to work, you must pay him temporary disability benefits at the expense of compulsory social insurance against industrial injuries (clauses 1 clause 1 article 8, clause 7 article 15 of the Law N 125-FZ, clause 1 clause 9 of the Rules for the accrual, accounting and spending of funds).

The basis for the appointment and payment of benefits is a certificate of incapacity for work, issued and filled out in strict accordance with the requirements of regulatory legal acts (clause 5, article 13 of Law No. 255-FZ, Order of the Ministry of Health and Social Development of Russia dated April 26, 2011 No. 347n, Procedure for issuing certificates of incapacity for work, approved by the Order of the Ministry of Health and Social Development of Russia dated June 29, 2011 No. 624n).

The sick leave must contain a note on the cause of disability: an accident at work or an occupational disease. Such a mark is made in the column "Cause of disability" (Order of the Ministry of Health and Social Development of Russia dated April 26, 2011 N 347n, Information on filling out the form). Therefore, in your case, on the sick leave in the line "Cause of disability" should be the code:

04 (accident at work or its consequences).

The appointment and payment of temporary disability benefits in case of an industrial injury or occupational disease are carried out in the same manner as in the payment of benefits in cases not related to an occupational injury (disease) (clause 1, article 15 of Law No. 125-FZ and part 2 article 1, articles 12, 13, 15 of Law No. 255-FZ).

In doing so, the following features must be taken into account:

As in the case of calculating the usual temporary disability benefit, the benefit in connection with an accident at work or an occupational disease is calculated based on the employee's earnings for the two years preceding the year of the insured event (part 1 of article 14 of Law N 255-FZ). However, the amount of an employee's earnings is not limited to the maximum value.

The fact is that the taxable base for calculating insurance premiums in case of injury is not limited by the maximum value (in contrast to the taxable base for calculating insurance premiums in case of temporary disability and in connection with motherhood). And since there is no limit on the amount of accrued contributions, the amount of earnings for calculating this type of benefit is also not limited.

According to Art. 9 of Law N 125-FZ, temporary disability benefits due to an accident at work or an occupational disease are paid in the amount of 100% of the employee's average earnings. At the same time, the duration of his insurance experience does not matter.

The amount of the benefit is not reduced, even if the doctor has put a mark on the violation of the regime on the sick leave. A temporary disability benefit due to an accident at work or an occupational disease is paid for the entire period of temporary disability of the insured person until his recovery or the establishment of a permanent loss of professional ability to work in the amount of 100% of his average earnings (Article 9 of Law No. 125-FZ).

Reduce the amount of benefits even if there are grounds listed in Art. 8 of Law No. 255-FZ, the employer is not entitled, since the mentioned article is not listed in the list of articles established by Part 2 of Art. 1 of Law No. 255-FZ.

The employer's expenses for the payment of temporary disability benefits in connection with an accident at work or an occupational disease are fully reimbursed from the funds of the FSS of the Russian Federation for compulsory social insurance against industrial injuries.

The body of the FSS of the Russian Federation will set off the above expenses against the payment of insurance premiums in accordance with paragraph 7 of Art. 15 of Law No. 125-FZ and clause 10 of the Rules for the accrual, accounting and spending of funds, approved by Decree of the Government of the Russian Federation of March 2, 2000 No. 184.

Example.

An employee with less than five years of insurance experience was on sick leave due to an industrial injury from January 1 to February 15, 2013 (46 calendar days). On February 2, 2013, the doctor made a note on the disability certificate about the violation of the regime (failure to appear at the doctor's appointment on the appointed day).

The amount of payments taken into account for calculating benefits:

For 2012 - 635,000 rubles;

For 2011 - 613,000 rubles.

The amount of the allowance must be determined.

Solution. Since the amount of earnings for each year of the billing period is not limited to the limit value, the average daily earnings for calculating benefits will be 1,709.59 rubles. [(635,000 rubles + 613,000 rubles): 730].

Since the allowance for temporary disability due to an accident at work is paid to the employee in the amount of 100% of the average earnings and does not depend on the length of his insurance period, the amount of the daily allowance will also be 1,709.59 rubles. (1709.59 rubles x 100%).

Note. If the average salary of an employee in the calculation for a full calendar month is lower than the minimum wage or there are no payments taken into account in the billing period, the benefit in connection with an industrial injury or occupational disease is calculated based on the average earnings equal to the minimum wage on the date of the insured event (part 1.1, article 14 of Law N 255-FZ).

Since the amount of the temporary disability benefit due to an accident at work or an occupational disease cannot be reduced under any circumstances, we ignore the note on the violation of the regime on the employee’s disability sheet when calculating the benefit. The amount of the allowance will be 78,641.14 rubles. (1709.59 rubles x 46 calendar days).

On the basis of an act in the form of H-1, the victim undergoes an examination by MSEC to determine the percentage of loss of professional ability to work. Based on the conclusion of the MSEK, the employee, taking into account the degree of disability, must be assigned a one-time insurance payment and monthly insurance payments (see Articles 10-12 of the Federal Law of July 24, 1998 N 125-FZ (as amended of April 5, 2013) "On compulsory social insurance against accidents at work and occupational diseases.

Details in the materials of the System:

Answer: How to file an accident at work

The occurrence of an accident

Persons participating in the production activities of the organization, in addition to employees working under an employment contract, in particular include:

Accidents at work

Accidents are events as a result of which the employee received:

bodily injury (injury), including inflicted by another person;

heatstroke;

frostbite;

drowning;

electric shock, lightning or radiation damage;

bites and other bodily injuries caused by animals and insects;

damage due to explosions, accidents, destruction of buildings, structures and structures, natural disasters and other emergency circumstances;

other health damage caused by external factors.

At the same time, in order for these events to be considered accidents, two more conditions must be simultaneously met:

the event must lead to .

during business hours;

lunch break;

actions before and after the end of work;

during overtime work or work on weekends and holidays.

In addition, an event must be investigated as an industrial accident if it occurs:

on the territory of the organization;

where the work was done;

on the way to or from work in the employer's vehicle or in a personal vehicle used for business purposes;

on the way to a business trip and back;

during a business trip to the place of assignment and back (including on foot);

when working on a rotational basis during inter-shift rest;

when performing other lawful actions due to labor relations with the employer or performed in his interests (including actions aimed at preventing a catastrophe, accident or accident).

Consequences of an accident

Accidents at work are divided into severe and light according to the definition of the severity of health damage in case of accidents at work ().

Employer's obligations in the event of an accident

In the event of an accident, the employer must:

If two or more people were injured, the accident was severe or the victim died, the following must be notified within 24 hours:

labor inspection;

prosecutor's office at the scene of the accident;

the executive authority of the subject of the Russian Federation and (or) the local government at the place of registration of the employer;

the relevant territorial body for control and supervision in the established field of activity (if the accident occurred in an organization controlled by this body). For example, for trade organizations such body is Rospotrebnadzor (Regulations, approved);

FSS of Russia at the place of registration of the employer as an insured;

territorial association of trade union organizations;

the employer of the victim (if the accident occurred with an employee of another organization, for example, on a business trip).

This follows from the provisions of the parts and articles 228.1 Labor Code RF.

An accident at work that occurred with or is recognized as insurance (). Report its occurrence within 24 hours to the territorial office of the FSS of Russia (). Send the message to the approved .

In case of acute poisoning of an employee, notify Rospotrebnadzor (and the Regulation approved).

Attention: for untimely notice territorial branch of the FSS of Russia on the occurrence of an insured accident provides for administrative liability.

If the employer does not notify the territorial office of the FSS of Russia about the occurrence of an insured event in the prescribed manner, then Labour Inspectorate may be liable to a fine. The amount of the fine is:

for entrepreneurs from 300 to 500 rubles;

for officials(for example, a manager) from 500 to 1000 rubles;

for organizations from 5,000 to 10,000 rubles.

In the event of an accident in the organization, the employer is obliged to ensure the investigation of such an incident at his own expense ().

Form a commission to investigate immediately. The number of members of the commission must be at least three (). In all cases, the commission must consist of an odd number of members (Regulations, approved). The committee should include:

labor protection specialist or;

representatives of the employer (for example, the head);

representative of the trade union or (if any in the organization).

If two or more people were injured, a serious accident occurred, or the victim died, the commission must also include:

state labor inspector;

representatives of executive authorities of a constituent entity of the Russian Federation or a local self-government body (as agreed);

representatives of the territorial association of trade union organizations;

representatives of the territorial branch of the FSS of Russia (if the accident occurred with).

When investigating such accidents, as a rule, the chairman of the commission is the state labor inspector.

If the victim is an employee of another organization (for example, is on a business trip), then the organization on whose territory the accident occurred will form the commission. At the same time, the commission must include an authorized representative of the employer of the injured employee, that is, the organization that sent him on a business trip. The absence of such an authorized representative or his untimely arrival does not affect the change in the timing of the investigation. This procedure follows from the provisions of Article 229 of the Labor Code of the Russian Federation and is explained in.

The commission cannot include employees (other persons) who are entrusted with ensuring labor protection requirements at the site where the accident occurred ().

Approve the composition of the accident investigation commission in free form ().

In the investigation of an accident that occurred at the employer-entrepreneur, take part:

the employer or his authorized representative;

trustee of the victim;

labor protection specialist, who can be involved on a contractual basis.

If an accident occurs with an employee at the place of work where he is, the situation is investigated and taken into account at the place of work part-time ().

An accident that occurred as a result of an accident vehicle, is being investigated with the obligatory use of accident investigation materials ().

An accident investigation must be carried out within:

three days if affected ;

The terms can be extended by the chairman of the commission, but not more than 15 days:

for additional verification of the circumstances of the accident;

for obtaining medical and other conclusions.

This conclusion can be drawn from the provisions of the Labor Code of the Russian Federation and paragraphs

It might be useful to read: