Occupational injury order. Investigation, registration and payments in case of an occupational injury of an employee. What an employer should do in case of an accident at the enterprise

Booth

Hello, I suppose it will be necessary to prove in court that the injury is industrial, since this person will no longer be able to work in this company and 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 entitled if the injury is recognized as a work

temporary disability allowance, lump-sum and monthly payments, reimbursement of additional costs for medical, social professional rehabilitation (Article 8 of Law No. 125-FZ), and since the employer will definitely not make concessions and will no longer pay, it is advisable to solve the case in court, as well as involve other bodies, the prosecutor's office, as well as the labor inspection on the fact of possible violations by the employer of safety rules at work

Article 9. Amount of benefit for temporary incapacity for work in connection with an industrial accident or occupational disease

1. Allowance for temporary disability due to an industrial accident or occupational disease is paid for the entire period of temporary disability of the insured until his recovery or the establishment of permanent loss of professional disability in the amount of 100 percent of his average earnings, calculated in accordance with the Federal Law of December 29, 2006 year N 255-FZ "On compulsory social insurance in case of temporary disability."

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Hello

the problem is that now everything is not done correctly

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

just if now you 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
(as amended by Federal Law of 30.06.2006 N 90-FZ)
To investigate an accident, the employer (his representative) shall immediately form a commission of at least three people ... The composition of the commission includes a labor protection specialist or a person appointed responsible for organizing labor protection work by order (order) of the employer, representatives of the employer, representatives of the elected body of the primary trade union organization or other representative body of workers 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 executive body exercising state control (supervision) in the established area of \u200b\u200bactivity.
When investigating an accident (including a group one), as a result of which one or several victims received serious 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 of the Russian Federation. Federation or local government body (as agreed), a representative of the territorial association of trade union organizations, and when investigating these accidents with the insured - representatives of the executive body of the insurer (at the place of registration of the employer as an insured). The commission is headed, as a rule, by an official of the federal executive body authorized to conduct federal state supervision over compliance with labor legislation and other regulatory legal acts containing labor law norms.

1. What acts are used to formalize industrial accidents?
Based on the results of the investigation of the accident, which was qualified as a production accident, an act is drawn up (Resolution of the Ministry of Labor of Russia of 10.24.2002 N 73). The choice of form depends on the severity of the accident and the professional background of the injured workers.
1. Act on an industrial accident (form H-1).
It is drawn up for each victim (with the exception of professional athletes), if the commission of investigation recognized the accident as related to production (part 1 of article 230 of the Labor Code of the Russian Federation, paragraph 1 of paragraph 26 of the Regulation on the investigation of accidents).
The act is drawn up in two copies, one each for the employee and the employer (part 1 of article 230 of the Labor Code of the Russian Federation).
An additional copy is made for the insurer if an accident occurred with the insured employee (parts 3, 6, article 230 of the Labor Code of the Russian Federation, paragraph 3, clause 26 of the Regulations on Investigation of Accidents).
See a sample for completing an industrial accident report.
Guide to personnel issues. Occupational Safety and Health. Industrial accident
Publication information
Prepared by specialists of JSC "Consultant Plus"

sick leave which will be given for 4 months - you will be obliged 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, a person can no longer fulfill his past duties

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

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Grishina Vera Viktorovna, Lawyer, Moscow

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What is the best course of action now? Is it possible to reissue a sick leave for an industrial injury? how should you interact with the employer in order to protect yourself and provide yourself as much as possible?
Booth

Good evening, Booth. Probably, there are some reasons for people to go to 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 imagines it "correct". Follow 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 with the subsequent dismissal, if it is associated with the inability to perform labor functions due to injury. Send the employer now an accident statement with the requirement to properly file it. There are also witnesses, possibly written confirmation of going to work, and so on.

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Lawyer, Moscow

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

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Lawyer, Moscow

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Hello. The procedure for registration is determined by the "Labor Code of the Russian Federation" of December 30, 2001 N 197-FZ (as amended on 07/03/2016) (as amended and supplemented, entered into force on 01.01.2017)

Article 230. Procedure for registration of materials of investigation of accidents
For each accident, qualified by the results of the investigation as an industrial accident and entailing the need to transfer the victim in accordance with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation to another job, the loss of his ability to work for a period of at least one day or the death of the victim, an industrial accident statement is drawn up in the prescribed form in two copies with equal legal force, in Russian or in Russian and the state language of the republic, which is part of the Russian Federation.
In the event of a group industrial accident, an industrial accident report shall be drawn up for each victim separately.
In the event of an accident at work with the insured, an additional copy of the report on an accident at work is drawn up.
The statement of an industrial accident must detail the circumstances and causes of the accident, as well as indicate the persons who violated the labor protection requirements. In case of establishing the fact of gross negligence of the insured, which contributed to the occurrence of harm or an increase in harm caused to his health, the act indicates the degree of guilt of the insured in percentage, established by the results of the investigation of an accident at work.
After the completion of the investigation, the report on the industrial accident 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 of 06.04.2015 N 82-FZ)
The employer (his representative), within three days after the completion of the investigation of an industrial accident, is obliged to issue one copy of the statement of an industrial accident approved by him to the victim (his legal representative or other authorized representative), and in the event of an industrial accident with a fatal outcome - to persons, dependents of the deceased, or persons who were in close relationship or property with him (their legal representative or other trusted person), at their request. The second copy of the specified act, together with the investigation materials, is kept for 45 years by the employer (his representative), who, by the decision of the commission, records this industrial accident. In case of insured events, the employer (his representative) shall send the third copy of the statement of an industrial accident and copies of the investigation materials to the executive body of the insurer (at the place of registration of the employer as an insured) within three days after the completion of the investigation of the industrial accident.
(as amended by Federal Law dated 07.05.2009 N 80-FZ)
In the event of an industrial accident that has occurred with a person sent to perform work to another employer and who participated in his production activities (part five of Article 229 of this Code), the employer (his representative) who has had an accident shall send a copy of the accident report in production and copies of investigation materials at the place of the main work (study, service) of the victim.
Based on the results of the investigation of an accident qualified as an accident not related to production, including a group accident, serious accident or fatal accident, 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 with equal legal force, which are signed by all persons who conducted the investigation.
The results of the investigation of an industrial accident are considered by the employer (his representative) with the participation of the elected body of the primary trade union organization for taking measures aimed at preventing industrial accidents.

Contact the state labor inspectorate.

Article 229.3. Investigation of accidents by state labor inspectors
The state labor inspector upon revealing a hidden accident, receipt of a complaint, application, other treatment of the victim (his legal representative or other authorized representative), 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 proxy), about their disagreement with the conclusions of the accident investigation commission, as well as upon receipt of information objectively indicating a violation of the investigation procedure, conduct an additional investigation of the accident in accordance with the requirements of this chapter, regardless of the limitation period of the accident ... 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 area of \u200b\u200bactivity, and the executive body of the insurer (at the place of registration of the employer as an insured). Based on the results of an additional investigation, the state labor inspector draws up an opinion on an industrial accident and issues an order that is binding on the employer (his representative).
(as amended by Federal Law of 18.07.2011 N 242-FZ)
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 investigation of the accident. In this case, the previous statement of an accident at work is recognized as invalid on the basis of the decision of the employer (his representative) or the state labor inspector.

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Tunieva Elena

Lawyer, rostov-on-Don

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Good evening! Require the employer to investigate the accident. Work injury and must be recognized as such. After the recognition of the injury at work, the sick leave must be completed. To do this, the doctor must enter the new code 04 in the "change code" box. The employer must apply to the medical institution with a copy of the act in form N-1, confirming the change in the cause of disability. After all, he is obliged to calculate the benefit correctly, and the reason for the incapacity for work can affect the amount of the benefit. If the employer refuses to investigate or does not acknowledge the injury at work, you will have to go to court.

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Tunieva Elena

Lawyer, rostov-on-Don

3067 replies
1,007 reviews

The Social Insurance Fund went to court with a demand to recover from the company the amount of compensation paid to the family of the deceased citizen. The deceased was a passenger of a company car that got into an accident due to the fault of the driver - also an employee of the defendant company. The FSS said that the employer of the culprit of the accident and the owner of the source of increased danger is responsible for the accident at work, and therefore must reimburse the Fund's expenses incurred in paying compensation to the relatives of the deceased. The company, of course, did not want to pay.

The final decision in this dispute was made by the Arbitration Court of the North-West District. The Resolution of 10/04/2018 in case No. A05-1284 / 2018 emphasizes that in this situation, the FSS recourse claim must be satisfied, even though in a particular situation the insured and the harm-giver are one person. In such circumstances, the rules on liability for damage caused remain, therefore, the employing company will have to reimburse the FSS costs for the payment of benefits to the deceased in a recourse claim.

Note that in 2015, the Arbitration Court of the North-West District on a similar case made a completely different decision. In particular, the Decree of September 19, 2016 No. F07-7344 / 2016 on case No. A66-13615 / 2015 states that the employer is not obliged to compensate the expenses of the FSS, since the payment of compensation to the families of the victims is the duty of the Fund, provided by law.

Now, apparently, judicial practice may change. Moreover, companies that are employers of citizens guilty of accidents, if a third party (who is not an employee) died, almost always oblige to reimburse the FSS expenses for the payment of benefits to the relatives of the victims (see Decree of the AC of the Volga District of 14.07.2017 No. F06 -22489/2017 in case No. A57-25387 / 2016, Resolution of the CA of the Ural District of 23.07.2018 No. F09-3590 / 18 in case No. A50-34340 / 2017).

What is an occupational injury

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

An injury is considered to be work-related if it occurs during:

performance by the employee of labor functions at the workplace and during working hours;
travel to and from work by transport provided by the employer, or by personal transport with the consent of the employer;
break for rest and meals;
, including during the journey;
fulfillment of orders of the employer outside the workplace;
on during the inter-shift rest.

Please note that in some cases, an injury sustained during working hours may also qualify as an accident not related to production. For example, injuries, the sole cause of which was either the death of an employee due to a general illness or suicide.

What should the management of the organization do

First of all, the injured worker must be provided with first aid, depending on the severity of the injury, an ambulance may need to be called. Upon delivery of the victim to a medical organization, you need to wait for his examination and obtain a medical report on the nature and severity of the received industrial injuries.

You also need to take the necessary steps to eliminate factors, the impact of which injures people.

Save the environment at the scene of the accident until you start investigating the accident. If this is not possible or could lead to an accident or injury to other people, record the situation by drawing a diagram, photographing or filming. Identify witnesses of the accident - their testimony can play an important role in establishing the causes of the incident.

This is followed by paperwork for an industrial injury. It is necessary to issue an order on the creation of a commission to investigate the accident and proceed with the direct investigation.

Sample Investigation Order

Sample accident report

What threatens an employer in case of an industrial injury

The consequences for the employer depend on the severity of the injuries sustained by the employee and the determination of the causes of the incident.

In case of a group or serious accident (including a fatal accident), in addition to employees of the organization, representatives of the state labor inspectorate, the FSS, the regional trade union, and the local administration are included in the commission of inquiry. Accordingly, the commission, as a rule, is initially unfriendly towards the employer and will try to find the slightest violations in order to accuse him of causing harm to the employee. If the perpetrators of the accident are identified, the commission will first demand that they be brought to disciplinary responsibility. And then, depending on the violations committed and their consequences, the employer's officials can be held accountable, both administrative and criminal, up to imprisonment.

And for failure to provide employees, officials can be fined from 20,000 to 30,000 rubles, and legal entities - from 130,000 to 150,000 rubles (part 4).

Violation of labor protection requirements committed by a person who is entrusted with the obligations to comply with them, if this entailed, through negligence, the infliction of grievous harm to human health, is punishable by a fine of up to 400,000 rubles or in the amount of the convicted person's salary or other income for a period of up to 18 months either compulsory labor for a period of 180 to 240 hours, or corrective labor for up to two years, or forced labor for up to one year, or imprisonment for the same period with the deprivation of the right to hold certain positions or engage in certain activities for up to one year or not (part 1 of article 143 of the Criminal Code of the Russian Federation).

And the same act, which negligently entailed the death of a person, is punishable by forced labor for up to four years or imprisonment for the same period with the deprivation of the right to hold certain positions or engage in certain activities for up to three years or without it (Part 2 of Art. 143 of the Criminal Code of the Russian Federation).

Violation of safety rules when conducting mining, construction or other work, if this entailed, by negligence, the infliction of grievous harm to human health or major damage, is punishable by a fine of up to 80,000 rubles or in the amount of the convicted person's salary or other income for a period of up to six months, or restriction of freedom for up to three years, or forced labor for up to three years, or imprisonment for the same period with the deprivation of the right to hold certain positions or engage in certain activities for up to three years or without it (part 1 of Art.216 of the Criminal Code RF).

The same act that negligently entailed the death of a person is punishable by forced labor for up to five years or imprisonment for up to five years with or without the deprivation of the right to hold certain positions or engage in certain activities for up to three years (Part 2 of Art. 216 of the Criminal Code of the Russian Federation).

In addition, the injured employee has the right to demand compensation from the employer for moral damage, the amount of which is determined by agreement of the parties or by the court.

How to try to avoid unpleasant consequences

No manager can be absolutely sure that his employee will not get an occupational injury, as they say, out of the blue. Therefore, you should worry in advance about avoiding negative consequences in the event of an accident, or at least minimizing them.

First, familiarize all employees with signature and date of familiarization. Conduct the necessary briefings and keep the supporting documents (as well as the documents on familiarization with the instructions) in a safe place. Remember that if your employee could not resist on fifteen-centimeter heels, fell down the stairs and broke her neck, then you will be to blame! Unless you prove that you familiarized her with the instructions, which says that you should wear stable shoes in the office, and when going down the stairs, hold onto the handrails.

Secondly, develop an accident response algorithm and communicate it to all employees, especially to lower and middle managers. Prompt and skillful provision of first aid to an injured person can not only reduce the severity of the consequences of an injury, but also possibly save a person's life. And preserving the situation of the incident and identifying witnesses will help to more accurately determine the causes and culprits of the incident, especially if the reason was the actions of the victim himself.

Give your opinion on this article or ask experts to get an answer

Injury at work is the result of an accident that occurs to an employee in the course of his work. In such cases, the manager must ensure not only that the victim is provided with all the necessary assistance, but also that he receives all the benefits and compensation due to him. Let us consider in more detail the algorithm of actions of the employee and the employer in such situations.

Correct execution of documents by the company and fulfillment of all obligations to the injured employee (timely transfer of payments and compensations to which the employee is entitled under the legislation of the Russian Federation) will help the employer avoid serious legal consequences. The list of cases when an injury is considered to be industrial is contained in article 227 of the Labor Code of the Russian Federation.

What injury is considered to be work-related

According to the existing labor legislation, an occupational injury is considered to be any event that has caused harm to the health of an employee, which occurred in the course of performing work duties, as well as during the performance of any actions taken to obtain benefits by the employer. In particular, these include injuries sustained by yourself and caused by another person, animal bites, lightning strikes and other events associated with industrial and natural factors. Such injuries will be considered work-related if:

the employee was at the workplace specified in the employment contract, or during a break;
the vehicle of the enterprise was used;
the employee was on a business trip or followed to her destination.

The question of whether the injury is an occupational injury due to an accident in personal or public transport is decided depending on the purpose for which the transport was used. An injury is considered to be industrial if an employee on such a transport performed the instructions of the manager. It is worth remembering that one of the main criteria for qualifying injuries received as production ones is the presence of an order from the head, as well as his material interest in the performance of certain actions by the employee.

Work Injury: Payments and Compensations 2019

In addition to the accident report, sick leave is the basis for receiving payments. In this case, the code “04” must be indicated in the column “Reason for incapacity for work”. It stands for industrial accident or its consequences. The amount and procedure for payment of benefits and compensations for injuries are regulated by Article 184 of the Labor Code of the Russian Federation. The benefit is calculated on the basis of all payments received by the employee during the billing period from which the injury contribution was paid. It is worth remembering that the amount of the allowance does not depend on the length of service of the employee, so it is calculated based on the average monthly daily wage.

According to labor law, the victim is entitled to a one-time insurance payment. The procedure for its payment (including the principles of calculation and size) is in 125-FZ. It is paid once - upon injury. In 2019 (from February 1), its size is RUB 100,512.29. Its size is set in Art. 11 125-FZ. The law provides for a monthly insurance payment. Its size depends on the degree of disability. This year, the maximum amount is 77,283.86 rubles, in accordance with the Decree of the Government of the Russian Federation No. 24 of January 24, 2019 and Art. 12 125-FZ.

In addition, at the expense of the employer, the injured employee may be paid additional funds for treatment and rehabilitation, if they are specified in the collective agreement or employment agreement.

Types of payments

An employee who is injured at work is entitled to the following payments and compensation:

allowance due to the onset of temporary disability, it is paid in the amount of 100% of the average earnings, while the length of service is not taken into account;
insurance payment made at a time;
monthly insurance payments;
compensation for moral damage caused. Produced by the employer on a voluntary basis, the employee also has the right to apply for the protection of his rights to receive it in court;
material assistance if such a clause is contained in a collective agreement or other local normative act, and in the amount established by this document;
payment for further health restoration after leaving the hospital, if it is not covered by the compulsory medical insurance or other benefits (Art. 8 125-FZ).

If the employee died as a result of an accident, payments are made to his relatives.

Payment assignment procedure

They are designed to compensate the injured worker for losses in earnings, since he is not able to work (or work at full strength) for a certain period of time. If a person died, material assistance is provided to his relatives, who also have the right to receive it in accordance with the law.

A lump sum payment is made no later than a month from the date of his appointment, and the relatives of the deceased - no later than two weeks from the date of submission of the entire set of documents. The injured specialist will need to provide the FSS with the conclusion of the medical and social examination, and the relatives of the deceased will need to provide documentary evidence of death and the acquisition of the right to material assistance.

In accordance with Art. 7 125-FZ, the following relatives of the deceased acquire the right to receive funds:

recognized as dependents, entitled to receive maintenance from the deceased on the day of his death;
children of the deceased employee born after his death;
the employee's dependents who have lost the ability to work within five years from the date of the death of this citizen;
non-working family members caring for the minor or disabled children of the deceased.

The transfers are made according to the general principle until the restoration or acquisition of working capacity, if this is not possible - for life.

Who pays

Payments are made by both the employer and the Social Insurance Fund. For example, compensation for moral damage caused, quite logically, is paid by the administration of the enterprise, and insurance payments, both monthly and one-time, are made by the FSS. In addition, sick leave is paid at the expense of the Fund, and the employer makes payments provided for by the labor or collective agreement (material assistance, for example). The FSS is obliged to undertake the financial costs of the citizen for further rehabilitation (in case of undergoing treatment and restoration of health in sanatoriums, the purchase of medicines). Such expenses will be reimbursed only after the submission of payment documents confirming the costs incurred.

Calculation principles

The amounts of compensation for industrial injuries are set in 125-FZ, but are revised annually. In Art. 11 of the law, the maximum amount is 94,018 rubles, but it is subject to indexation annually in accordance with part 1.1 of the same article. In 2019, the indexation coefficient was established by the Decree of the Government of the Russian Federation No. 32 of January 24, 2019. The amount of compensation depends on the degree of loss of professional ability to work after injury. In the event of the death of a citizen, it is one million rubles. The calculation also takes into account regional coefficients.

Payment calculation

When paying for sick leave, the calculation procedure includes the following steps:

determination of average earnings, while income for two years before leaving for sick leave is divided by 730 (the number of days of the specified period);
the calculation includes the employee's income in full, without observing the limit value of earnings;
the resulting value is multiplied by the number of sick days;
if the average wage is below the minimum wage, the minimum wage is used in the calculations;
personal income tax is withheld from the allowance, this follows from art. 217 Tax Code (about the same - in the Letter of the Ministry of Finance of Russia dated 22.02.2008 No. 03-04-05-01 / 42);
the allowance is paid on the day of the next advance payment or salary transfer.

Obligatory actions of the employer

The employer's obligations in the event of an accident are stipulated in article 228 of the Labor Code of the Russian Federation. This norm defines the following algorithm of actions:

Take measures to organize the provision of first aid to the victim.
Prevent further development of the emergency.
If possible, keep the scene intact.
Interview witnesses.
Conduct an investigation into the circumstances of the incident, for which to form a commission, based on the results of the investigation, draw up an act on an industrial accident (the act is drawn up according to the number of victims).
If the accident was a group accident (two or more people were injured) or serious (caused the death of a person), the employer is obliged to report it to the prosecutor's office, labor inspectorate, and the Regional Government within 24 hours by sending a notification. It is imperative to inform the Social Insurance Fund about any accident, since the FSS will make payments to the injured citizen.
Fulfill the statutory obligations to pay compensation to the victim.

Particular attention should be paid to drawing up an act on an industrial accident, because it is on its basis that payments will be assigned to the employee. The document is filled in according to the N-1 form, approved by the Decree of the Ministry of Labor of Russia dated 24.10.2002 No. 73. The act contains information about the victim, details of the incident, causes, injuries and other information.

A sample of an accident at work in the form of N-1 (form)

What to do for an employee in case of injury at work

When injured at work, the employee must take care not only to restore his health, but also to ensure that during treatment and rehabilitation he receives compensation, that is, compensation for lost wages. According to article 184 of the Labor Code of the Russian Federation, the employer is obliged to compensate for the earnings that the employee did not receive during the treatment. This is also indicated by the law № 125-ФЗ dated 07.24.1998. Moreover, according to this rule, an employee can claim compensation for lost earnings even after returning to work. This is possible in cases where long-term rehabilitation is required and the employee cannot work at full capacity. Article 1085 of the Civil Code of the Russian Federation states that an employee can claim compensation in the amount of 100%.

An employee who has been injured at work should remember that in order to receive all due payments, it is necessary to provide:

sick leave;
documents confirming the costs of treatment and rehabilitation;
an application demanding to reimburse the amounts specified in the submitted documents (application for a one-time or monthly payment for an industrial injury).

Who makes payments

Part of payments in case of an industrial injury is made at the expense of the FSS:

monthly allowance;
compensation for expenses incurred by the employee during rehabilitation in sanatoriums, purchase of medicines.

The processing of documents should by law take a short period of time: the decision to make payments is made within ten days from the date of writing the application.

With regard to the payments made by the employer upon the occurrence of an occupational injury, some managers try to avoid this responsibility. In this case, it is necessary to file a complaint with the labor inspectorate, and then with the court.

Employer's responsibility

The fact of concealing an accident resulting in an injury is punishable under Art. 15.34 Administrative Code of the Russian Federation. If the company concealed an incident in which the employee was injured, it faces a penalty in the form of a fine in the amount of:

300-500 rubles (for individuals);
500-1000 rubles (for officials, administration employees);
5000-10,000 (for legal entities).

This norm was introduced both in order to protect the rights of employees to receive compensations established in the law and to protect public order.

It is not uncommon for employees to be injured while performing work. What should an employer do if an accident occurs? What documents should be drawn up? What payments are due to the victims? How to reflect them in accounting and tax accounting? You will find answers to these and other questions in the article.

The current legislation establishes the obligation of employers to transfer insurance contributions to the FSS of the Russian Federation for compulsory social insurance against industrial accidents and occupational diseases. These contributions are a kind of guarantee of compensation for harm to employees if they are injured or disabled due to an accident at work.

According to Article 3 of the Federal Law of 07.24.98 N 125-FZ (hereinafter referred to as Law N 125-FZ), an industrial accident is an event as a result of which an employee died or suffered health damage while performing work duties or work in the interests of the employer. At the same time, where this event took place - on the territory of the employer or outside it, or during the journey to the place of work or returning from the place of work on the employer's transport, it does not matter.

The first situation. An employee was injured on the way to or from work. In this case, the injury will be recognized as a production injury if the employee went to work (from it) on the employer's transport or personal vehicle, however, subject to several conditions. First, the employee used a personal car at the behest of the employer or for official purposes, which is enshrined in the employment contract and the corresponding order. Second, the accounting department has a certified copy of the vehicle registration certificate. Third, a record of the employee's travels by private car is kept. In other cases, including when traveling to work by public transport, the injury received is recognized as a household one.

The second situation. An employee was injured during a business trip or business trip. In this case, the injury is recognized as a work injury, regardless of how he moved (by transport or on foot). The main thing is that there are documents confirming that the employee's work is traveling in nature or is associated with business trips.

Situation three. An employee was injured during his lunch break. In this case, the injury can be recognized as work injury if the following condition is met: the time of the lunch break and its duration are established by the internal labor regulations or by an agreement between the employee and the employer. Given this condition, it turns out that if the employee had lunch at an unspecified time, then the injury received during lunch will not be work-related.

Situation four. An employee was injured during a corporate party. In this case, any injury will be considered a household injury, since it was received outside working hours and not in the performance of work duties. This follows from the provisions of Article 227 of the Labor Code of the Russian Federation.

What to do if an accident occurs

The order of the employer's actions in the event that an employee has an accident at work is determined by Articles 228-230 of the Labor Code of the Russian Federation, as well as the Regulations on the specifics of investigating accidents at work in certain industries and organizations, approved by the Resolution of the Ministry of Labor of Russia dated October 24, 2002 N 73.

So, first of all, the employer must organize first aid for the victim or organize his delivery to a medical organization and take urgent measures to prevent the impact of traumatic factors on other people.

Then, before starting the investigation of the accident, it is necessary to save the situation as it was at the time of the accident. And only then should the necessary authorities and organizations be informed about the accident.

Note. The obligation to create a labor protection service or hire a labor protection specialist lies with all employers if the number of their employees exceeds 50 people (Article 217 of the Labor Code of the Russian Federation).

If the injury is minor, then the accident must be reported only to the territorial body of the FSS of the Russian Federation at the place of registration. If the injury is serious or a group accident has occurred, then, in addition to social insurance, the following authorities will need to be notified:

State Labor Inspectorate;

The prosecutor's office at the scene of the accident;

The executive authority or local administration at the place of registration of the organization (IP);

Trade union;

Rospotrebnadzor for acute poisoning.

Note. The message form is given in Appendix No. 1 to the order of the Federal Security Service of the Russian Federation of 08.24.2000 N 157, and the notices in Appendix N 1 to the Resolution of the Ministry of Labor of Russia dated October 24, 2002 N 73. The investigation period begins to be calculated from the day the order is issued on the consciousness of the commission.

Take note. When an accident cannot be declared unhappy

The current legislation establishes a number of cases that will never be recognized as industrial accidents. These include:

Death due to illness or suicide, confirmed by the health care and investigative authorities;

Death (damage to health), if the only reason was alcohol (other toxic) intoxication of the employee, not related to violations of the technological process in which toxic substances are used;

An accident that occurred when the victim committed a crime.

This is stated in clause 23 of the Regulations on the specifics of investigating industrial accidents in certain industries and organizations, approved by the Resolution of the Ministry of Labor of Russia of October 24, 2002 N 73.

An employer must set up a commission of at least three people to investigate an industrial accident. This commission within three (in case of minor injuries) or 15 calendar days (in case of severe injuries or death) must comprehensively study all the circumstances of the incident. If a minor injury was subsequently recognized as serious, then another month from the moment of retraining is given to investigate the causes of the accident with the employee.

If the commission recognizes the accident as related to production, then the results of the investigation are documented in an act (three copies) in the form N-1, given in Appendix N 1 to resolution N 73. The act is signed by all persons who conducted the investigation, approved by the employer (his representative) and certified stamp. One copy of the act must be transferred to the territorial body of the FSS of the Russian Federation, the second - to the victim or his relatives, and the third copy of the act remains with the employer.

In addition, the commission is obliged to register the accident that occurred in the accident register according to Form 9, given in Appendix No. 1 to Resolution No. 73.

Note. There is no statute of limitations for the investigation of an accident that occurred to an employee in the performance of his job duties.

After recovery (in fatal cases - within a month after the completion of the investigation), the employer must send a message in social insurance about the consequences of an accident at work and the measures taken. The message is submitted in accordance with Form 8 (Appendix 1 to Resolution N 73).

Please note: if the employer tries to hide the accident that happened to the employee and this is subsequently revealed, he may be brought to administrative responsibility. The fine for employers-entrepreneurs is from 500 to 1000 rubles, for employers-organizations - from 5000 to 10,000 rubles. (Article 15.34 of the Code of Administrative Offenses of the Russian Federation).

What is required for an employee if he is injured at work

The current legislation guarantees the following types of payments to the employee in the event of an occupational injury. This is an allowance for temporary incapacity for work, one-time and monthly payments, reimbursement of additional costs for medical, social professional rehabilitation (Article 8 of Law No. 125-FZ). And workers who work on the basis of civil law contracts are guaranteed compensation by the employer for lost earnings.

Note. In addition to mandatory payments, the employer has the right to provide for other compensations or payments in a larger volume.

One-time and monthly insurance payments are paid directly by the FSS of the Russian Federation. The amount of such payments is determined in accordance with the degree of loss of professional ability to work based on the maximum amount (Articles 10 and 11 of Law N 125-FZ). The maximum lump sum payment in 2014 is RUB 80,534.8, and the monthly payment is RUB 61,920. (Article 6 of the Federal Law of 02.12.2013 N 322-FZ).

Additional costs associated with medical, social and vocational rehabilitation of the employee are also paid directly by the FSS of the Russian Federation.

Note. If the employer delays the payment of benefits for more than one calendar month, then at the request of the victim it can be paid by the regional branch of the FSS of the Russian Federation (Article 15 of Law N 125-FZ)

The employer must pay the temporary disability benefit due to an accident at work. Subsequently, the amounts paid are fully counted towards the payment of insurance premiums in case of injury.

At its own expense, the employer pays the injured employee only compensation for moral damage caused in connection with an accident at work (Article 8 of Law N 125-FZ). The amount of compensation is established by the court (Article 1101 of the Civil Code of the Russian Federation).

We calculate the benefit in connection with an occupational injury

The procedure for calculating sickness benefits in this case is somewhat different from the calculation of the usual benefits for temporary incapacity for work.

Note. In the sick leave, an industrial accident or its consequences are indicated by code 04.

Sickness benefit in connection with an accident at work is paid for the entire period of temporary disability until the full recovery of the employee in the amount of 100% of his average earnings (Article 9 of Law No. 125-FZ). Such average earnings are determined according to the rules established in Article 14 of the Federal Law of December 29, 2006 N 255-FZ.

So, to calculate the average earnings, you need to take the insurance premiums for injury payments for the two years preceding the year of the insured event. Moreover, at the request of the employee, these years can be replaced by the previous ones, if one of them (or two at once) had maternity leave or parental leave.

Next - attention! The average earnings of an employee do not need to be compared with the marginal base for assessing contributions, as it should be done in the case of calculating a regular sick leave. This means that in the calculation of benefits in connection with an occupational injury, it is necessary to take all actual payments for two years from which contributions to the FSS of the Russian Federation were paid in case of injury.

If an employee in the billing period does not have earnings or his earnings for this period, calculated for a full calendar month, are less than the minimum wage, then the allowance must be calculated based on earnings equal to the minimum wage on the date of the insured event.

Note. From January 1, 2014, the minimum wage is 5554 rubles. (Article 1 of the Federal Law of 02.12.2013 N 336-FZ).

To determine the average daily earnings, you need to divide the amount of the average earnings accrued for the billing period by 730.

The amount of the daily allowance due to an occupational injury is equal to the average daily earnings and is not subject to adjustment depending on the length of the employee's insurance period.

Note. In the cases that are listed in Article 8 of Law N 255-FZ, the work injury benefit may be reduced to the minimum wage.

Finally, the amount of the injury benefit is calculated as follows: the amount of the daily benefit must be multiplied by the number of paid calendar days of incapacity for work.

It seems not all that difficult. But, as they say, there is always a fly in the ointment in any barrel of honey. So it is here. According to paragraph 2 of Article 9 of Law No. 125-FZ, the maximum amount of benefits for temporary disability due to an industrial accident or occupational disease for a full calendar month cannot exceed four times the maximum monthly insurance payment established in accordance with paragraph 12 of Article 12 of Law No. 125-FZ.

In 2014, this limit is RUB 247,680. (4 x 61,920 rubles) (Article 6 of Law N 322-FZ).

If the amount of the benefit, calculated from the employee's average earnings, exceeds the maximum amount of the benefit, then this benefit is paid based on the maximum amount. However, in this case, the amount of the daily allowance is calculated as follows: the maximum amount of the allowance for the full calendar month is divided by the number of calendar days in the calendar month in which the temporary disability occurs. Accordingly, the amount of the temporary disability benefit payable is calculated by multiplying the amount of the daily benefit by the number of calendar days per period of temporary disability in each calendar month.

Employee of LLC "Omega" P.V. As a result of an accident at work, Semenov was on sick leave for 21 calendar days (from March 24 to April 13, 2014). For the billing period - from January 1, 2012 to December 31, 2013 - the actual earnings of P.V. Semenov amounted to 960,000 rubles. Let's calculate the amount of temporary disability benefits.

The total amount of payments taken into account when calculating the benefit is 960,000 rubles. In terms of a calendar month, this is 40,000 rubles. (960,000 rubles: 24 months). As you can see, this is much more than the minimum wage. Accordingly, further calculations will be made based on the employee's actual earnings.

Let's calculate the average daily wages. It is equal to 1,315.07 rubles. (960,000 rubles: 730 days). This means that the amount of the daily allowance is also 1,315.07 rubles.

Let's calculate the amount of temporary disability benefits for 21 calendar days of illness. It will amount to 27,616.47 rubles. (1315.07 rubles x 21 days).

Now we will calculate the amount of temporary disability benefits, taking into account the maximum restriction.

For March 2014 the amount of the allowance is 63,917.42 rubles. (247 680 rubles: 31 days x 8 days), for April - 107 328 rubles. (247 680 rubles: 30 days x 13 days).

That is, the amount of sickness benefit, taking into account the maximum limit, is 171,245.42 rubles. (63,917.42 rubles + 107,328 rubles).

Since the temporary disability benefit calculated on the basis of actual earnings is less than the maximum amount, P.V. Semenov is entitled to an allowance in the amount of 27,616.47 rubles.

In conclusion, we note that the amount of temporary disability benefits due to an industrial accident is subject to personal income tax, but is not subject to insurance contributions to extra-budgetary funds (Article 217 of the Tax Code of the Russian Federation and Article 9 of the Federal Law of 24.07.2009 N 212- FZ). This is also confirmed by the regulatory authorities (letters of the Ministry of Finance of Russia dated 22.02.2008 N 03-04-05-01 / 42, dated 19.11.2007 N 03-04-06-01 / 397, dated 05.04.2007 N 03-04-06- 01/111 and the Federal Tax Service of Russia dated March 16, 2007 N 04-1-02 / 193).

The term "work injury" means an injury (damage) at work by an employee due to an accident with such consequences as the employee's loss of working capacity (permanent / temporary), the need to transfer him to another job or his death.

How are such injuries registered, and what can the employee expect?

What is related to a workplace injury?

Accordingly, Article 5 of the Federal Law No. 125 of 24/07/98, each employee who has entered into an agreement / contract with the employer (including students in practice) must be insured against industrial injuries or occupational diseases. Insurance is a guarantee of compensation for damage, regardless of whether an employee was injured directly at the workplace or on the way to it.

What is classified as an occupational injury? Studying the "letter of the Law" ...

Injuries sustained at work, but not related to work-related injuries of an employee

Received on the way to work (or from work) by public transport, on foot or by personal car (without the condition of agreement with the authorities).
Received at a corporate party.
Obtained from illness or attempted suicide and resulting in death.
Received due to alcoholic or other intoxication of an employee (the exception is a violation of the technology / process in which toxic substances were used).
Received when an employee committed a crime.
Obtained in the course of a sports game on the company's premises.
Obtained during the manufacture of any items on the territory of the company without the permission of the management - for personal use.
Obtained as a result of using an official car without an order from the management (for personal purposes).
Deliberately obtained (self-injury).

Documents, procedure for registration and investigation

The phased actions of the management when an employee is injured is reflected in Article 228-230 of the Labor Code of the Russian Federation, as well as in Regulation No. 1.

So, in the event of an accident with an employee, the manager is obliged ...

On a note:

There is no statute of limitations for the investigation of an occupational accident / injury. That is, if the manager conceals the injury received by the employee (approx. Or in case of violations in the investigation), the state labor inspector will carry out an additional investigation after the statement of the injured employee or his relatives.
The fine for the manager when concealing an insured event is up to 1000 rubles. (for officials), up to 10,000 rubles. (for legal entities / persons).

Documents that are transferred by the employer to the insurance fund:

A copy of the contract or the employee's work / book.
A copy of the injury at work.
Document stating the period of payment for the benefit (approx. For time / incapacity for work) due to injury at work.

Documents from the injured employee:

Application form.
Documents confirming the costs of employee rehabilitation (social, medical and professional).
The conclusion of the institution of medical examination for the degree of loss of professional / working capacity.
Rehabilitation program.
The conclusion of the medical examination institution for the types of rehabilitation that the employee needs.

Documents for the investigation of the accident (the list is determined by the chairman of the commission):

Labor book (or contract).
The passport.
Job description.
Personal card form number T-2.
Time sheet.

Documents that will be required when the injury is recognized as a case subject to investigation:

Reporting an insured event in accordance with Form 2.
Order on the appointment of the commission.
Documents that are materials of the investigation: photo / video materials, diagrams, protocols of interviewing witnesses and the victim, medical / trauma report (form No. 315 / y), expert opinions, protocol of inspection of the place of injury (form 7), research results and etc.
Accident (accident / injury) act - form H-1 in 3 copies in case of an insured event. Mandatory - with the signatures of all members of the commission, approved by the head and sealed by the company.
The conclusion of the state / labor inspector (note - f.5).
Communication about the consequences of the injury and the measures taken (note. F. 8).
Accident register (note f.9).

What payments are due to an employee in case of an industrial injury?

We remind:

Employee's eligibility for post-time / disability benefits guaranteed by Article 5 of the Federal Law No. 255 of 29/12/06, but in case of recognition of the injury, the household employee is only entitled to the usual benefit (Federal Law No. 125). In case of an industrial injury, the employee has the full right to payment of lost wages and all expenses for rehabilitation (Article 184 of the Labor Code of the Russian Federation).

All types of insurance coverage that are provided for by law (note, Article 8 of the Federal Law No. 125):

Temporary disability allowance due to an industrial accident

It is paid at a rate of 100% of the average earnings. Moreover, the experience of the victim in this case does not matter. The employer pays the allowance.

One-time insurance payment

It is paid by the FSS. Directly the amount of payment is determined based on the degree of disability (max / amount - 64,400 rubles) by the medical examination institution.

Monthly insurance payment

It is also paid by the FSS. As for the size of the payment, it is determined as a share of the average monthly earnings and, accordingly, the degree of disability. Its maximum size is 49,520 rubles.

Payment of all additional / expenses for the rehabilitation of the insured employee

Paid by FSS. This can include the following costs / expenses: treatment after injury, purchase of drugs or items for an individual / care, provision of transport and technical / means, rehabilitation. Leave in excess of the main one for the period of treatment + travel to the place of treatment and back is paid by the employer, who will be reimbursed for the money spent afterwards from the Social Insurance Fund.

Compensation for moral damage

It is paid by the employer. And the amount of the payment will be determined by the court.

Other compensations / payments fixed in the company's tariff agreement (collective agreement). Paid by the employer.

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