Accountants what documents are injured at work. The procedure for drawing up a certificate of industrial injury and a list of other required documents. Classification of occupational injuries

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The legislator understands injury at work employee injury a certain degree of severity in the performance of their work duties directly during work. ?

Also, this type of incident can mean getting an injury during a business trip or following to the place of work.

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

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

Step 1. Call for medical help.

As soon as the employer becomes aware of the fact of an occupational injury, an employee must call for medical assistance to provide assistance on the spot.

In the case of minor injuries that do not cause moderate or severe harm to health, the employee must be sent to a medical institution for fixing the injury and receiving first aid.

At the medical facility or at the place of production, ambulance personnel will document the fact of injury and the preliminary degree of severity.

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

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

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

Step 3. Registration.

Then you should immediately draw up a regulatory act - an order to create a commission to investigate what happened. In the event of serious injuries and a threat to the life of an employee, a representative of the state labor inspectorate must be included in the commission.

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

Step 4. Registering an occupational injury in the journal.

The fact of the incident should be recorded in a special journal, which must be drawn up by a labor protection specialist. The main events of the incident are noted in the log.

Step 5. Investigation.

The Commission conducts an investigation within 15 calendar days. If it is necessary to carry out additional work, such as technical expertise and assessment of materials and behavior of employees of the enterprise, the investigation period can be increased by an appendix to the order.

Step 6. Making a decision.

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

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

Step 7. Payments to the victim.

After the decision is made and there are no court procedures, the employer is obliged to pay the employee the salary due, and if the employee is guilty, he should compensate the company's losses in the form of downtime, lost profits or fines. ?

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

What documents should be used to document the industrial accident?

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

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

Sample act

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

If it is absent, you can contact the state labor inspectorate, where you can get both the act itself and information about its execution.

It is important that in an act where describes all the circumstances of the incident, were signed by the parties to familiarize themselves with this document.

May also be objections and rejection of circumstances are noted what happened by the parties - the employee or the employer.

Registration in the journal

For registration of emergency situations and incidents, each enterprise has a special trauma log. The occupational safety specialist is responsible for the design of the magazine.

In case of injury the person in charge records the main circumstances of the incident - time and place of the accident, the initials of the victim, information about the person responsible for the production area where the injury occurred and other facts and circumstances.

Enterprise investigation

During the investigation of a work injury the commission can draw up and submit the following materials:

Medical report on the condition of the victim and the extent of the injuries received. This document is drawn up by a medical institution and attached to the research materials of the commission.
Materials of the protocol of inspection of the scene. These materials can be diagrams and drawings of the scene. Also, the testimony of employees of the enterprise can act as evidence.
Materials of photo and video recording of the scene. These materials can shed light on the circumstances of the injury to the employee, the absence or presence of violations in compliance with safety rules and the specifics of the production process.
Materials on technical and other types of expertise. In case of ambiguity of what happened on the initiative of the parties, various expert examinations can be assigned to identify the degree of guilt.

Backdating

Attempts by employers to register the facts of injury at work “retroactively” are somewhat widespread.

Booth

Hello, I think 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, the employer will not be able to negatively affect 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 production

temporary disability allowance, one-time and monthly payments, reimbursement of additional costs for medical, social and 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 to involve other authorities, 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 already wrong

and if the company is black, then only to receive money that is called - how much they give - ideally, to sign some kind of agreement, or at least that this money was given 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 the accident, the employer (his representative) immediately forms a commission of at least three people ... 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 more 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). As a rule, the commission is headed 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 affiliation 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 has 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 the 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 fulfilled, or they are executed at the discretion of the employer, as he imagines it to be “correct”. Follow the law. After all, you already understand that sick pay 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 a statement of the accident 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 sufficient 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 accident at work, the report on the accident at work is drawn up for each victim separately.
In the event of an industrial accident with the insured, an additional copy of the industrial accident report is drawn up.
The report on 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 shall indicate 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 the 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 case of an industrial accident with a fatal outcome - to persons, dependents of the deceased, or persons who were closely related to him or her (their legal representative or other trusted person), at their request. The second copy of this act, together with the investigation materials, is kept for 45 years by the employer (his representative), who, according to 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), whose accident occurred, sends 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 an 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 industrial accident is recognized as invalidated 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 replies
1,007 reviews

Good evening! Require the employer to investigate the accident. Work injury and must be recognized as such. After 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

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

What is an occupational injury

The main task of the labor protection service in the workplace is to reduce the incidence of occupational diseases and injuries, as well as to minimize their consequences. Accidents that injure or injure an employee are considered work-related injuries. It should be understood that this concept affects not only the time of direct stay at the workplace, but also the following situations:

while traveling to the place of work on the organization's transport or on your own, which is used for production purposes;
on the way to a business trip and back;
when performing work as directed by the management, which is not included in the list of job responsibilities;
during the elimination of the consequences of emergencies and catastrophes with the involvement of an employee in the prescribed manner.

Regulatory regulation

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

It is difficult to apply them all at once, for this reason the labor security services develop special schemes, some formulas that contribute to a more thorough and verified investigation of accidents. In addition, in this way, the awareness of employees about their rights and obligations is raised in order to prevent harm to health and protect against injury.

The main causes of industrial injuries

Accurate performance of work duties and adherence to safety measures helps to reduce injuries at work. They can be conditionally divided into technical, organizational and personal. The main cause of accidents is negligence in the workplace. In addition, the reasons may be non-observance of the rules of conduct, violation of the technological process, both through the fault of the employee himself and his management.

Types of work injuries

There are several criteria by which to classify occupational accidents. According to the number of injured, injuries received at the workplace are differentiated into single and group injuries (when 2 or more people were injured). Depending on the circumstances that caused the injury, injuries associated directly with the production process and not related to it, but related to work, are distinguished. By severity, it is customary to distinguish:

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

Occupational injury

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

What threatens the organization

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

What an employee should do

The first thing that the victim must do if an injury is received at work is not to leave the scene of the incident, since in this case it will be difficult to prove the fact itself, and the incident will be qualified as domestic. Next, you need to notify your immediate management about what happened on your own or through witnesses and call a medical worker who will assess the severity of the injury.

Obligations of the manager in case of an industrial accident

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

Commission creation

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

Investigation

After the creation of the commission, a direct investigation of the accident begins. It is found out for what reason the work injury was received, both the victim himself and the witnesses of the incident are interviewed. The authorized persons are obliged to find out who is the culprit of the incident with the aim of subsequent punishment in accordance with the law. The severity of the damage caused must be established.

How to file a work injury

An injury at the workplace received for any reason must be registered in a special journal. The very fact of an emergency is reflected by drawing up an act of what happened in accordance with the sample established at the enterprise in at least 2 copies - for the employer and the victim. It is certified by all members of the commission, after which it is transferred to the management and certified by the seal. If the victim is a foreigner, then in addition to the act in Russian, a document is drawn up in the employee's native language. Officially drawn up paper must contain the following information:

information about the accident;
circumstances and reasons for the incident;
information about the perpetrators;
the degree of the victim's guilt;
testimony of witnesses, if any.

Where to report an accident

The manager is obliged to notify the Social Insurance Fund if his subordinates get injured while working. If 2 or more people were injured or there was a fact of death, the range of organs where it is necessary to report the incident. These are the state labor inspectorate, the prosecutor's office and local self-government bodies, the immediate supervisor of the employee, if he is on a business trip, and the trade union. In the event of acute poisoning, Rospotrebnadzor is also informed about the incident.

What documents are needed from the employer

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

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

Documents from the injured employee

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

What payments are due in case of an industrial injury

If he had the fact of injury at work, then the employee is entitled to payments and compensation in accordance with the legislation of the Russian Federation. Many people may think that all funds paid to the victim in connection with temporary disability due to an accident are completely borne by the employer. This is not entirely true. When the enterprise where the victim works pays monthly contributions to the FSS, then it is only a connecting link, transferring money from the Fund to the injured employee. Check out the online service for generating reports in the FSS.

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

How sick leave is paid

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

One-time insurance payment

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

Monthly insurance payment

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

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

Additional payments for employee rehabilitation

An injured employee has the right to demand compensation payments from his superiors that arose as a result of additional costs for treatment and the purchase of medicines and means for undergoing rehabilitation (including the purchase of prostheses). The reimbursement of travel expenses incurred during the delivery of the patient to the place of treatment and rehabilitation and back. If the patient had to retrain because of the injury to work in another specialty, these costs will also be borne by the guilty party.

Compensation for moral damage

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

Death at work - payments

If an occupational injury resulted in the death of an employee, then close relatives of the patient are entitled to payment. One-time assistance in case of a fatal outcome is paid within a million rubles. To obtain it, you must provide a number of documents:

death certificate;
the conclusion of forensic experts;
certificate of the deceased's salary;
certificate of the presence of dependents;
documentary evidence of burial expenses.

Responsibility for concealing an industrial accident

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

When the manager tries to hide the fact of an accident, then he falls under the responsibility, since there is a concealment of the insured event. This includes actions when the employer has not created a commission of inquiry. For all this, administrative responsibility is provided in accordance with the Code of Administrative Offenses.

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M.A. Kokurina, lawyer

An occupational injury has surfaced: what to do?

How to register an industrial accident that was not immediately known

It happens that an employee, having been injured at work, is already recovering, and you will learn in the accounting department that the injury was industrial, only from a sick leave with an unpleasant code "04" Order of the Ministry of Health and Social Development of 04/26/2011 No. 347n.

Your task is to quickly guide the management on how to act in such a situation, to which authorities to report the incident. Indeed, it depends on the correct registration of an industrial accident how to pay the sick leave to the victim and reimburse the benefit from the FSS.

In addition, observance of the rules for notification of industrial emergency will help the company and its head avoid a fine for failure to submit to the necessary government agencies the information provided for by law. art. 19.7 of the Administrative Code of the Russian Federation.

STEP 1. Establish the "production" of the accident

First, check with the victim what, where and when happened to him, that is, make sure that the accident really happened at work. Let's say an employee was leaving work and sprained his leg. And in the hospital, he unknowingly said that it was an occupational injury. But is it?

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

WHO suffered?

Injured:

your employee;
another man, involved in production activities companies, - apprentice, trainee, trainee;
person, working for you under a civil law contract, in which it is written that you pay insurance premiums "for injuries" to the FSS clause 1 of Art. 5 of the Law of 24.07.98 No. 125-FZ (hereinafter - Law No. 125-FZ).

WHERE did you suffer?

The events that led to the injury occurred on your territory or in another place of work, on the road, in particular when following:

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

WHEN did you get hurt?

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

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

STEP 2. File an occupational injury

So, you have already realized that in the example of the dislocation on the way home, the injury is not work-related. In this case, it is enough:

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

Attention

You must notify the FSS of any occupational accident art. 228.1 of the Labor Code of the Russian Federation... And the need to inform other authorities arises depending on different circumstances.

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

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

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

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

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

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

To the labor inspectorate at your location;

To your FSS office;

To the prosecutor's office at the scene;

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

To the government agency that controls the field of activity in which your company operates (for example, if you are a construction company, then to Rostekhnadzor, if you sell medicines, then to Roszdravtechnadzor);

In the territorial association of trade unions.

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

STEP 3. Complete the results of the work injury investigation

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

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

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

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

STEP 2. Based on the results of the investigation and on the basis of its materials, draw up an act on an industrial accident in the form of H-1 in triplicate x approved Resolution of the Ministry of Labor No. 73.

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

STEP 4. Pay the sick leave for an occupational injury

Let us recall that the allowance for temporary disability due to work injury must be paid in the amount of 100% of the average earnings, regardless of the length of service of the victim. art. 9 of Law No. 125-FZ, but not more than four times the maximum amount of monthly insurance payments clause 2 of Art. 9, clause 12 of Art. 12 of Law No. 125-FZ.

Such sick leave should be paid from social insurance funds from the 1st day of incapacity for work.

TELLING THE MANAGER

Payment for the injury of a drunk worker - this is, as a rule, a dispute with the FSS. Therefore, it is better to send the worker home immediately when he is drunk.

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

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

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

make the postings:

submit to the FSS the updated FSS Form-4, wherein:

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

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

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

In addition, labor inspectors can fine the company and its directors for concealing an insured event. art. 15.34 Administrative Code of the Russian Federation; Resolution 11 ААС dated 06.12.2011 No. А49-5633 / 2011if they find that the accident report and the materials of its investigation were not sent to the necessary authorities or were sent there out of time. This was confirmed to us in the FSS itself.

FROM AUTHORIZED SOURCES

ZARUBIN Vasily Alexandrovich

Deputy Head of the Department of Professional Risks Insurance of the FSS RF

“If the policyholder (organization) for compulsory social insurance against industrial accidents and occupational diseases does not inform the insurer about the occurrence of an insured event, does not conduct an investigation of an industrial accident in the manner prescribed by the Labor Code of the Russian Federation and other regulatory legal acts, or does not provide the insurer in a timely manner the results of such an investigation, he can be brought to administrative responsibility under Art. 15.34 Administrative Code of the Russian Federation.

However, in Art. 23.12 of the Administrative Code of the Russian Federation (where the state labor inspectorate is empowered to consider cases of a number of administrative offenses), this article is not specified. At the same time, a reference is made to Art. 5.44, which has become invalid since January 2010. Due to the fact that Art. 15.34 of the Administrative Code of the Russian Federation actually duplicated the provisions of Art. 5.44, it seems that it is the state labor inspectorate that can fine for concealing an insured event ”.

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

Indeed, if you fail to report, for example, to the FSS about an industrial accident, if you refuse to investigate it, you are violating, first of all, the labor legislation on art. 5.27 of the Administrative Code of the Russian Federation; Art. 228 of the Labor Code of the Russian Federation; sub. 6 p. 2 art. 17 of the Law of 24.07.98 No. 125-FZ.

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

Answer

An industrial accident is an event as a result of which an employee received an injury or other damage to health in connection with the performance of duties under an employment contract and in some other cases provided for by law (paragraph 10 of article 3 of Law No. 125-FZ).

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

Read more about sick leave here:

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

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

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

occupational safety specialist or a person designated as occupational safety officer;

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

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

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

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

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

In addition, the results of an investigation of an occupational accident must be documented:

an accident investigation report (Form 4) (if we are talking about a serious or group accident, as well as a fatal accident);

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

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

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

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

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

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

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

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

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

At the end of the temporary disability of the victim (in cases of fatal outcome - within a month after the completion of the investigation), make a report on the consequences of the accident at work and the measures taken (Form 8). Send it:

to the labor inspection;

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

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

As for sick leave payment.

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

The basis for the appointment and payment of benefits is a certificate of incapacity for work, issued and completed in strict accordance with the requirements of regulatory legal acts (clause 5 of article 13 of Law No. 255-FZ, Order of the Ministry of Health and Social Development of Russia dated 26.04.2011 No. 347n, Procedure for issuing certificates of incapacity for work, approved by the Order of the Ministry of Health and Social Development of Russia dated June 29, 2011 No. 624n).

The sick leave must contain a note about the reason for the incapacity for work: an accident at work or an occupational disease. Such a mark is made in the column "Cause of incapacity for work" (Order of the Ministry of Health and Social Development of Russia of 04/26/2011 N 347n, Information on filling out the form). Therefore, in your case, in the sick leave in the line "Reason for incapacity for work" there should be a code:

04 (industrial accident or its consequences).

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

In this case, it is necessary to take into account the following features:

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

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

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

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

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

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

The body of the FSS of the Russian Federation will offset the above expenses against payment of insurance premiums in accordance with paragraph 7 of Art. 15 of Law No. 125-FZ and clause 10 of the Rules for the accrual, accounting and spending of funds, approved by the Decree of the Government of the Russian Federation of 03/02/2000 No. 184.

Example.

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

The amount of payments taken into account for calculating the benefit:

For 2012 - 635,000 rubles;

For 2011 - 613,000 rubles.

It is necessary to determine the amount of the benefit.

Decision. Since the amount of earnings for each year of the billing period is not limited to the maximum value, the size of the average daily earnings for calculating the benefit will be 1709.59 rubles. [(635,000 rubles + 613,000 rubles): 730].

Since the allowance for temporary disability due to an industrial accident is paid to the employee in the amount of 100% of the average earnings and does not depend on the length of his insurance period, the amount of the daily allowance will also amount to 1709.59 rubles. (US $ 25.59 x 100%).

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

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

On the basis of an act in the form of N-1, the victim undergoes an examination by the MSEC to establish the percentage of loss of professional ability to work. Based on the opinion of the MSEC, the employee, taking into account the degree of loss of his ability to work, must be assigned a one-time insurance payment and monthly insurance payments (see article 10-12 of the Federal Law of 24.07.1998 N 125-FZ (as amended on 05.04.2013) "On compulsory social insurance against industrial accidents and occupational diseases ".

Details in the materials of the System:

Answer: How to file an industrial accident

The occurrence of an accident

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

Industrial accidents

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

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

heatstroke;

frostbite;

drowning;

electric shock, lightning or radiation;

bites and other injuries caused by animals and insects;

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

other health damage caused by external factors.

Moreover, in order for these events to be considered accidents, two more conditions must be met simultaneously:

the event must entail.

during working hours;

lunch break;

actions before and after the end of work;

during overtime work or work on weekends and holidays.

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

on the territory of the organization;

where the work was done;

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

on the way to a business trip and back;

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

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

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

Consequences of an accident

Occupational accidents are classified as severe and light, according to the definition of the severity of damage to health in accidents at work ().

Obligations of the employer in the event of an accident

In case of an accident, the employer is obliged:

If two or more people were injured, the accident was serious or the injured person died, within 24 hours you need to notify:

labor inspection;

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

the executive body of the constituent entity of the Russian Federation and (or) the local self-government body at the place of registration of the employer;

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

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

territorial association of trade union organizations;

the victim's employer (if the accident happened to an employee of another organization, for example, on a business trip).

This follows from the positions of the parts and article 228.1 of the Labor Code of the Russian Federation.

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

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

Attention: for untimely notification of the territorial branch of the FSS of Russia about the occurrence of an insured accident, administrative liability is provided.

If the employer does not inform the territorial office of the FSS of Russia about the occurrence of the insured event in the prescribed manner, then the labor inspectorate may bring him to justice in the form of a fine. The amount of the fine is:

for entrepreneurs from 300 to 500 rubles;

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

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

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

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

labor protection specialist or;

employer representatives (for example, a manager);

union representative or (if available in the organization).

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

state labor inspector;

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

representatives of the territorial association of trade union organizations;

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

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

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

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

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

The following are involved in the investigation of an accident at an employer-entrepreneur:

the employer or his authorized representative;

the victim's confidant;

an occupational safety specialist who can be engaged on a contractual basis.

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

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

The accident investigation must be carried out within:

three days if affected;

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

for additional verification of the circumstances of the accident;

to obtain medical and other opinions.

This conclusion is made possible by the provisions of the Labor Code of the Russian Federation and paragraphs

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