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

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 allowance, 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-ФЗ “On Compulsory Social Insurance in Case of Temporary Disability”.

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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 work on labor protection by 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 injuries to health, 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 over 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 paragraph 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 worker's length of service - 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

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Grishina Vera Viktorovna, Lawyer, Moscow

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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.

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Lawyer, Moscow

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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 most likely were 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.

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Lawyer, Moscow

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Hello. The order of registration is determined by " 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 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.
In the act of an accident at work, the circumstances and causes of the accident must be detailed, as well as the persons who committed violations of labor protection requirements. In the event that the fact of gross negligence of the insured, which contributed to the occurrence of harm or an increase in harm caused to his health, is established, the act indicates the degree of fault of the insured in percent, 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 a fatal accident at work - 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 accidents, the employer (his representative) sends the third copy of the report on the accident at work 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 insurer) within three days after the completion of the investigation of the accident at work.
(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 sent to perform work to another employer and participating in it production activities(Part Five of Article 229 of this Code), the employer (or his representative) who has had an accident sends a copy of the report on the accident at work and copies of the investigation materials to 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, 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 the 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.

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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.

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Tunieva Elena

Lawyer, Rostov-on-Don

3067 responses
1007 reviews

The Social Insurance Fund appealed to the court demanding to recover from the company the amount of compensation paid to the family of the deceased citizen. The deceased was a passenger in a company car that got into an accident due to the fault of the driver, also an employee of the respondent 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 industrial injury that occurred, which means that he 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-Western District. The Decree of 04.10.2018 in case No. A05-1284/2018 emphasizes that in this situation the recourse claim of the FSS must be satisfied, even though in specific situation the insured and the inflictor of harm are one person. Under such circumstances, the rules on liability for damages are preserved, so the employing company will have to reimburse the costs of the FSS for the payment of benefits to the deceased in a recourse claim.

It should be noted that in 2015 the Arbitration Court of the North-Western District made a completely different decision on a similar case. In particular, the Decree No. Ф07-7344/2016 dated 09.19.2016 in case No. А66-13615/2015 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 responsibility of the Fund, provided for by law.

Now, apparently, arbitrage practice can change. Moreover, companies that are employers of citizens guilty of accidents, if a third person (who is not an employee) died, are almost always obliged to reimburse the FSS for the payment of benefits to the families of the victims (see Decree of the Volga District Arbitration Court dated July 14, 2017 No. F06 -22489 / 2017 in case No. A57-25387 / 2016, Resolution of the Arbitration Court of the Ural District dated July 23, 2018 No. F09-3590 / 18 in case No. A50-34340 / 2017).

What is a work injury

An accident at work is an event as a result of which a person was injured or otherwise injured in the performance of his duties under an employment contract and in other cases established by law, and which necessitated the transfer of an employee to another job, temporary or permanent loss of his professional ability to work, or his death.

An injury is considered to be at work if it occurred during:

performance by the employee labor functions in the workplace and work time;
going to work and back on the transport provided by the employer, or on personal transport with the consent of the employer;
break for rest and meals;
, including during the journey;
fulfilling the instructions of the employer not at the workplace;
during the period between shifts.

Please note that in some cases, an injury received during work hours may also qualify as an accident not related to production. For example, injuries whose sole cause was either the death of an employee due to common disease or suicide.

What should the management of the organization do?

First of all, the injured worker should be given first aid, depending on the severity of the injury, an ambulance may need to be called. Upon delivery of the victim to medical organization you need to wait for his examination and get a medical opinion on the nature and severity of the industrial injuries.

It is also necessary to take the necessary actions to eliminate the factors, the impact of which injures people.

Save the situation at the scene until the investigation of the accident begins. If this is not possible or could lead to an accident or injury to others, record the situation by drawing up a diagram, photographing or video filming. Establish witnesses to the accident - their testimony can play an important role in establishing the causes of what happened.

This is followed by paperwork in case of an industrial injury. It is necessary to issue an order to create a commission to investigate the accident and proceed directly to the investigation.

Sample order for investigation

accident report template

What threatens the employer with a work injury

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

In case of a group or severe accident (including fatal), the investigation commission includes, in addition to employees of the organization, representatives of the state labor inspectorate, the Social Insurance Fund, the regional trade union, and the local administration. 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. When identifying the perpetrators of the accident, the commission will first require 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 administratively and criminally, up to and including imprisonment.

And for failure to provide employees, officials can be fined in the amount of 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 obligation to comply with them, if this caused by negligence the infliction of grievous harm to human health, is punishable by a fine in the amount of up to 400,000 rubles or in the amount of wages or other income of the convicted person for a period of up to 18 months, or by compulsory labor for a term of 180 to 240 hours, or by corrective labor for a term of up to two years, or by forced labor for a term of up to one year, or by deprivation of liberty for the same term with deprivation of the right to borrow certain positions or certain activities for a period of up to one year or without it (part 1 of article 143 of the Criminal Code of the Russian Federation).

And the same act, negligently resulting in the death of a person, is punishable by forced labor for up to four years or imprisonment for the same period with 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 in the course of mining, construction or other work, if this negligently entailed the infliction of grievous bodily harm or major damage, is punishable by a fine in the amount of up to 80,000 rubles or in the amount of the wage or other income of the convicted person for a period of up to six months, or restriction of liberty for a term of up to three years, or forced labor for a term of up to three years, or imprisonment for the same term with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it (part 1 of article 216 of the Criminal Code RF).

The same act, negligently resulting in the death of a person, is punishable by forced labor for a term of up to five years or imprisonment for a term of up to five years with or without deprivation of the right to hold certain positions or engage in certain activities for a term of 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 non-pecuniary damage, the amount of which is determined by agreement of the parties or by the court.

How to avoid unpleasant consequences

No leader can be absolutely sure that his employee will not receive an industrial injury, as they say, out of the blue. Therefore, it is worth worrying in advance about avoiding negative consequences in the event of an accident, or at least minimizing them.

First, familiarize all employees with a signature indicating the date of familiarization. Conduct the necessary briefings and keep documents confirming this (as well as 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! If you can't prove that you've read the instructions that tell her to wear sturdy shoes in the office and hold on to the handrails when going down stairs.

Second, develop an accident policy and communicate it to all employees, especially lower and middle managers. Quick and skillful first aid to the victim can not only reduce the severity of the consequences of the injury, but also, possibly, save a person's life. And the preservation of the situation of the incident and the identification of witnesses will help to more accurately determine the causes and perpetrators of the incident, especially if the cause was the actions of the victim himself.

Express your opinion about the article or ask the experts a question to get an answer

An injury at work is the result of an accident that occurred to an employee in the course of performing his job functions. In such cases, the leader must make sure that the victim is provided with all the necessary assistance, but also that he receives all the payments 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 design by the company of documents and the 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. A list of cases where an injury is considered work-related is contained in article 227 of the Labor Code of the Russian Federation.

What is considered work injury?

According to the existing labor legislation, an occupational injury is considered to be any event that harmed the health of an employee that occurred in the course of performing work duties, as well as in the performance of any actions performed for the benefit of the employer. In particular, these include injuries sustained by oneself and inflicted by another person, animal bites, lightning strikes and other events associated with industrial and natural factors. Such injuries will be considered industrial if:

the employee was at the workplace specified in employment contract, or on a break;
used vehicle enterprises;
the employee was on a business trip or followed to its destination.

The question of whether an injury is work-related when injured as a result of an accident on a personal or public transport, is decided depending on the purpose for which the transport was used. An injury is considered industrial if the employee on such transport carried out the instructions of the head. It is worth remembering that one of the main criteria for qualifying injuries received as work-related 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 compensation 2019

In addition to the accident report, the basis for receiving payments is a sick leave. At the same time, the code “04” must be indicated in the column “Cause of disability”. It stands for an accident at work or its consequences. The amount and procedure for paying benefits and compensation for injuries is 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 for the billing period, from which the injury contribution was paid. It is worth remembering that the amount of the benefit 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 lump sum insurance payment. The procedure for its payment (including the principles of calculation and size) - in 125-FZ. It is paid once - on the fact of injury. In 2019 (since February 1), its amount is 100,512.29 rubles. Its size is established 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 Decree of the Government of the Russian Federation No. 24 dated 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 collective agreement or labor agreement.

Payment types

An employee who has been injured at work is entitled to the following payments and compensations:

allowance due to the onset of temporary disability, it is paid in the amount of 100% of the average earnings, the length of service is not taken into account;
insurance payment made at a time;
monthly insurance payments;
compensation for non-pecuniary damage. 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 aid in the event that such a clause is contained in a collective agreement or other local normative act, and in the sizes established by this document;
payment for further recovery of health after leaving the hospital, if it is not covered by compulsory medical insurance or other benefits (Article 8 125-FZ).

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

The procedure for assigning payments

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

A one-time payment is made no later than a month from the date of its appointment, and to 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 a medical and social examination, and the relatives of the deceased will need to provide documentary evidence of the death and the acquisition of the right to material assistance.

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

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

Transfers are made according to general principle until the moment of 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 stipulated by the labor or collective agreement (material assistance, for example). The FSS is obliged to bear the financial costs of the citizen for further rehabilitation (in the case of 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 production of expenses.

Calculation principles

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

Payout calculation

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

determination of average earnings, while income for two years before going on 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 maximum amount of earnings;
the resulting value is multiplied by the number of sick days;
if the average salary 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 of the Russian Federation(about the same - in the Letter of the Ministry of Finance of Russia dated February 22, 2008 No. 03-04-05-01 / 42);
the allowance is paid on the day of the next advance payment or transfer of wages.

Mandatory actions of the employer

The obligations of the employer in case of an accident are stipulated in article 228 of the Labor Code of the Russian Federation. This rule defines the following algorithm of actions:

Take measures to organize the provision of first aid to the victim.
Prevent further development of the emergency.
Keep the scene intact as much as possible.
Interrogate 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 accident at work (the act is drawn up according to the number of victims).
If the accident was a group one (two or more people were injured) or severe (caused the death of a person), the employer is obliged to report it within 24 hours to the prosecutor's office, labor inspectorate, to the regional government by sending a notice. It is imperative to report any accident to the Social Insurance Fund, as the FSS will make payments to the injured citizen.
Fulfill statutory obligations to pay compensation to the victim.

Special attention it is worth paying attention to drawing up an act on an accident at work, because it is on its basis that payments to the employee will be assigned. The document is filled out in the form H-1, approved by the Decree of the Ministry of Labor of Russia dated October 24, 2002 No. 73. The act indicates information about the victim, details of the incident, causes, injuries and other information.

Sample act on an accident at work in the form of H-1 (form)

What to do if an employee is injured at work

When an employee is injured at work, he must take care not only to restore his health, but also to receive compensation during treatment and rehabilitation, 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. Law No. 125-FZ of July 24, 1998 also speaks about this. 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 necessary and the employee cannot work at full strength. 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 received an industrial injury should remember that in order to receive all the due payments, it is necessary to provide:

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

Who makes payments

Part of the payments for an industrial injury is made at the expense of the Social Insurance Fund:

monthly allowance;
compensation of 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 payments made by the employer upon the occurrence of an industrial injury, some managers try to evade this obligation. In this case, it is necessary to file a complaint with the labor inspectorate, and then to the court.

Employer's responsibility

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

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

This rule was introduced both to protect the rights of workers to receive compensation established by law, and to protect public order.

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

The current legislation establishes the obligation of employers to transfer to the FSS of the Russian Federation insurance premiums for compulsory social insurance from accidents at work and occupational diseases. These contributions are a kind of guarantee of compensation for harm to employees if they have damaged their health and lost their ability to work due to an accident at work.

According to Article 3 of Federal Law No. 125-FZ of July 24, 1998 (hereinafter referred to as Law No. 125-FZ), an industrial accident is an event as a result of which an employee died or was injured in the performance of work duties or work in the interests of the employer. At the same time, where this event occurred - on the territory of the employer or outside it, or while traveling to the place of work or returning from the place of work on the employer's transport, does not matter.

Situation one. An employee is injured on the way to or from work. In this case, the injury will be recognized as work-related if the employee went to work (from it) on the employer's transport or personal vehicle, however, subject to several conditions. First, the employee used a personal car at the direction of the employer or for official purposes, which is enshrined in the employment contract and the corresponding order. The second - in the accounting department there is a certified copy of the vehicle registration certificate. Thirdly, a record is kept of the employee's official trips in a personal car. In other cases, including when going to work by public transport, the injury is recognized as domestic.

Situation two. An employee is injured while on a business trip or business trip. In this case, the injury is recognized as work-related, regardless of how he moved (by transport or on foot). The main thing is that documents are available confirming that the work of the employee is traveling in nature or related to business trips.

Situation three. An employee was injured during a lunch break. In this case, the injury can be recognized as work-related if next condition: the time of the lunch break and its duration are set by the rules of the internal work schedule or an agreement between an employee and an employer. Given this condition, it turns out that if the employee had lunch at an unspecified time, then the injury received during lunch will not be industrial.

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

What to do if an accident occurs

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

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

Then, before starting an accident investigation, it is necessary to save the situation as it was at the time of the accident. And only after that it is necessary to inform the necessary authorities and organizations about the accident.

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

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

the State Labor Inspectorate;

Prosecutor's office at the scene of the accident;

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

Trade Union;

Rospotrebnadzor for acute poisoning.

Note.The form of the message is given in Appendix N 1 to the order of the FSS of the Russian Federation of 08.24.2000 N 157, and notices in Appendix N 1 to the decision of the Ministry of Labor of Russia of 10.24.2002 N 73. The investigation period begins to be calculated from the date of issuance of the order on the consciousness of the commission.

Take note. When an event cannot be considered an accident

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

Death due to illness or suicide, confirmed by a health institution and investigating authorities;

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

An accident that occurs when a victim commits a crime.

This is stated in paragraph 23 of the Regulations on the peculiarities of the investigation of industrial accidents in certain industries and organizations, approved by the Decree of the Ministry of Labor of Russia of October 24, 2002 N 73.

To investigate an accident at work, the employer must set up a commission consisting of at least three people. This commission for three (for minor injuries) or 15 calendar days(in case of severe injuries or death) must comprehensively examine all the circumstances of the incident. If a minor injury was subsequently recognized as severe, then one more month from the moment of retraining is given to investigate the causes of the accident that happened to the employee.

If the accident is recognized by the commission as related to production, then the results of the investigation are drawn up in an act (three copies) in the form H-1 given in Appendix No. 1 to Resolution No. 73. The act is signed by all persons who conducted the investigation, approved by the employer (his representative) and certified seal. One copy of the act must be transferred to the territorial body of the FSS of the Russian Federation, the second to the victim or his relatives, and the third copy of the act remains with the employer.

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

Note.The legislation does not provide for a statute of limitations for investigating an accident that occurred to an employee in the performance of his job duties.

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

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

What should an employee do if they are injured at work?

The current legislation guarantees the following types of payments to an employee in the event of an industrial injury. These are temporary disability benefits, lump-sum and monthly payments, reimbursement of additional expenses for medical, social professional rehabilitation (Article 8 of Law N 125-FZ). And employees working on the basis of civil law contracts are guaranteed compensation by the employer for lost earnings.

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

The one-time and monthly insurance payments are paid directly by the FSS of the Russian Federation. The amount of such payments is determined in accordance with the degree of loss of professional ability to work based on the maximum amount (Articles 10 and 11 of Law N 125-FZ). Maximum size lump sum payment in 2014 is 80,534.8 rubles, and monthly - 61,920 rubles. (Article 6 of the Federal Law of December 2, 2013 N 322-FZ).

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

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

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

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

Calculating work injury benefits

The procedure for calculating the hospital benefit in this case is somewhat different from the calculation of the usual temporary disability benefit.

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

Sickness benefit in connection with an accident at work is paid for the entire period of temporary disability until the employee fully recovers in the amount of 100% of his average earnings (Article 9 of Law N 125-FZ). Such average earnings are determined according to the rules established in Article 14 of the Federal Law of December 29, 2006 N 255-FZ.

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

Next - attention! The amount of an employee's average earnings does not need to be compared with the marginal base for calculating contributions, as should be done in the case of calculating ordinary sick leave. This means that all actual payments for two years, from which contributions to the FSS of the Russian Federation were paid in case of injury, must be taken into account in the calculation of benefits in connection with an industrial injury.

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

Note.From January 1, 2014, the minimum wage is 5554 rubles. (Article 1 of the Federal Law of December 2, 2013 N 336-FZ).

To determine the average daily earnings, it is necessary to divide the sum of the average earnings accrued for the billing period by 730.

The amount of the daily allowance in connection with an industrial injury is equal to the average daily earnings and is not subject to adjustment depending on the length of the insurance period of the employee.

Note.In the cases listed in Article 8 of Law N 255-FZ, the benefit in connection with an industrial injury may be reduced to the minimum wage.

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

It doesn't seem to be all that difficult. But, as they say, in any barrel of honey there is always a fly in the ointment. So here. According to paragraph 2 of Article 9 of Law N 125-FZ, the maximum amount of temporary disability benefits due to an accident at work or an occupational disease for a full calendar month cannot exceed four times the maximum amount of the monthly insurance payment established in accordance with paragraph 12 of Article 12 of Law N 125-FZ.

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

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

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

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

Calculate the average daily wage. It is equal to 1315.07 rubles. (960,000 rubles : 730 days). This means that the daily allowance is also 1315.07 rubles.

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

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

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

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

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

In conclusion, we note that the amount of temporary disability benefits due to an accident at work is subject to personal income tax, but is not subject to taxation of insurance premiums to off-budget funds (Article 217 of the Tax Code of the Russian Federation and Article 9 of the Federal Law of July 24, 2009 N 212- FZ). This is also confirmed by the regulatory authorities (letters of the Ministry of Finance of Russia dated February 22, 2008 N 03-04-05-01 / 42, dated November 19, 2007 N 03-04-06-01 / 397, dated 04/05/2007 N 03-04-06- 01/111 and the Federal Tax Service of Russia dated March 16, 2007 N 04-1-02/193).

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

How are such injuries recorded, and what can an employee expect?

What is an occupational injury in the workplace?

According to Article 5 of the Federal Law No. 125 dated 24/07/98, each employee who has concluded 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 the employee was injured directly at the workplace or on the way to it.

What are work-related injuries? We study the "letter of the Law" ...

Injuries received at work, but not related to production - household injuries of an employee

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

Documents, procedure for registration and investigation

The phasing of management actions when an employee receives an injury is reflected in Articles 228-230 of the Labor Code of the Russian Federation, as well as in Regulation No. 1.

So, in the event of an accident that happened to an employee, the manager must ...

On a note:

There is no statute of limitations for investigating an accident/injury at work. 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 conduct an additional investigation after the statement of the injured employee or his relatives.
The fine for the manager in case of concealment of 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 work / book of the employee.
A copy of the act of injury at work.
A document on the period of payment for benefits (approx. by time / incapacity for work) due to injury at work.

Documents from the injured employee:

Form application.
Documents that confirm the costs of the employee's rehabilitation (social, medical and professional).
The conclusion of the institution of medical and social expertise regarding the degree of loss of professional / disability.
rehabilitation program.
The conclusion of the institution of medical and social expertise regarding 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):

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

Documents that will be required when recognizing an injury as a case subject to investigation:

Notification of an insured event in form 2.
Commission order.
Documents that are the materials of the investigation: photo / video materials, diagrams, protocols for interviewing witnesses and the victim, medical / conclusion about the injury (form No. 315 / y), expert opinions, protocol for examining the place of injury (form 7), research results and etc.
The act of an accident (manufacture / injury) - 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 with the company's seal.
The conclusion of the state / labor inspector (note - f.5).
Reporting the consequences of the injury and the measures taken (note f.8).
Journal of registration of accidents (note f.9).

What are the benefits for an employee in case of a work injury?

Reminder:

Eligibility of an employee for post-time/disability benefits guaranteed by Article 5 of Federal Law No. 255 dated 12/29/06, but in case of recognition of an injury, a household employee is only entitled to a regular allowance (FZ No. 125). In case of an industrial injury, the employee has the full right to pay for lost earnings and all rehabilitation costs (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):

Benefit for temporary disability due to an accident at work

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

Lump sum insurance payment

It is paid by the FSS. The amount of the payment is directly 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 amount 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

Pays FSS. This may include the following costs/expenses: treatment after an injury, purchase of medicines or items for the individual/care, provision of transport and technical facilities, rehabilitation. Vacation in excess of the main one for the duration of treatment + travel to the place of treatment and back is paid by the employer, who is reimbursed for the funds spent after from the FSS.

Compensation for moral damage

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

Other compensation/payments fixed in the tariff agreement of the company (in the collective agreement). The employer pays.

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