We asked - we answer: 7 important questions about work injuries and social support for workers

What injury is considered work-related?

A citizen is capable of unintentionally causing damage to his health, or suffering through the fault of another person, or being injured as a result of random events.
In order for an injury to be recognized as a work-related injury, it must be recorded under certain conditions:

• the employee was at work or on break;
• the citizen used a vehicle owned by the enterprise;
• the person performed work functions on a business trip, or was on his way to his destination.

Important! An injury sustained as a result of an accident or the use of transport will be classified as “industrial” if the person followed the instructions of the supervisor. If the injury was recorded while driving a personal car, or there are no documents confirming that the car is recognized as a service car, then the injury will be classified as “domestic”.

Injury sustained by workers during a lunch break or during a “smoke break”

Employees can be injured while at work, but without actually performing work functions, both during lunch breaks and during so-called smoke breaks (smoking breaks), if such breaks (for eating, resting, smoking) are established by the employer . Grounds for establishing breaks provided for in the provisions of Articles 107, 108 and 227 of the Labor Code of the Russian Federation. At the same time, the time for providing such breaks and their duration are determined by the employer in the internal labor regulations, or on the basis of an agreement reached between the employee and the employer.

This is also important to know:
Is information about disciplinary sanctions entered into the work book: how is the entry made?

For example, when an employer, under the terms of an employment contract, provided employees with free food in a canteen located in a neighboring building. In the internal labor regulations, the employer recorded the time of the lunch break, and also transferred money for employee lunches to the bank account of the organization (canteen) providing the relevant services. The funds are transferred when the employees were actually at the workplace and went to lunch at the canteen chosen by the employer at the set time. If, on the way to lunch, an icicle falls on an employee and causes significant damage to him, or he slips on the porch of the dining room and breaks his leg, then these incidents can be classified as work-related injuries.

If workers receive similar injuries during the time period established for lunch, but on the way to the restaurant of their choice, and not to the canteen with which the employer agreed, then they will be recognized as domestic injuries.

The situation with smoking breaks is more complicated. In order for injuries sustained during a smoking break to be considered work-related, the following conditions must be met:

• the time of the break(s) for smoking and their duration must be adopted by the internal labor regulations;
• Special smoking areas must be equipped in accordance with the requirements of safety regulations, marked with “Smoking Area” signs;
• the presence of such places must be recorded in an independent document of the organization - the employer, with whom the employees are introduced against signature.

In accordance with these nuances, injuries received during a smoke break in a neighboring yard or a nearby square, received by workers who went out to smoke in the fresh air during an official break, are not recognized as work-related injuries. Such injuries are considered domestic injuries.

Legislative regulation of issues

In Russia, cases of injuries sustained during work activities are regulated by the following standards:

• Art. 184 of the Labor Code of the Russian Federation (principles of registration and payment of monetary compensation to an injured worker);
• The Order of the Russian Federation dated February 24, 2005, developed by the Ministry of Health and Social Development, reflects a list of injuries that allow injuries to be recognized as a severe industrial injury;
• Federal Law No. 255 “On compulsory social insurance in case of temporary disability and in connection with maternity”, effective from December 29, 2006 (regulates the amount of required payments for a citizen);
• Federal Law No. 125 “On compulsory social insurance against accidents at work”, adopted on October 24, 1998 (contains the rationale for calculating payments: the victim must be an individual performing duties under a previously concluded employment contract).

Federal Law No. 125 also applies to citizens sentenced to imprisonment and brought to work by the insurer.

Important! The basic law that guarantees a person’s safety in the performance of his work duties is the Constitution of the Russian Federation.

Accident investigation

During the investigation of a work injury, certain rules must be followed.

The investigation procedure is regulated by:

• Art. Art. 229.2, 229.3 Labor Code of the Russian Federation;
• Regulations, approved Ministry of Labor of the Russian Federation October 24, 2002 N 73 (hereinafter referred to as Regulation No. 73).

The basis for receiving compensation payments related to an industrial injury are, among other things, materials from the investigation of the circumstances of the industrial injury. Such an investigation is intended to:

• confirm the fact of injury at work;
• establish the nature of the injury and assess its negative consequences for the health of the victim;
• confirm the existence of a connection between production factors and the fact of injury to health.

This is also important to know:
How and by whom a petition to lift a disciplinary sanction is filed

The results of the investigation are:

• conclusions about the circumstances and causes of the incident;
• identification of persons responsible for violating safety standards;
• approval of necessary measures to prevent such incidents;
• conclusion about the presence or absence of grounds for qualifying damage to health as a result of an injury at work.

Qualification of an incident as an injury at work is accompanied by drawing up a report in form N-1.

Subjects of the accident

The following categories of citizens are usually classified as individuals injured at work:

• employees carrying out activities under an employment agreement;
• persons receiving education under a pre-concluded student agreement;
• workers of farms or production cooperatives;
• citizens with mental illnesses carrying out work activities as occupational therapy prescribed by medical personnel;
• convicted persons involved in production work, or employees performing community service as punishment (by court decision);
• citizens sent to undergo practical training;
• volunteers.

Important! Employees performing work duties as part-time workers receive compensation payments on a general basis in the event of an industrial injury.

Types and severity of damage

The amount of payments and the rules for drawing up working documents depend on the type and nature of industrial injuries, the conditions of injury.
It is customary to distinguish two types of injuries: severe and mild. All damage is usually classified taking into account the conditions of its receipt:

• chemical;
• electrical;
• temperature;
• technical.

An examination and diagnosis is carried out by medical personnel, followed by the preparation of documentation reflecting the nature and conditions of injury.

Severe form

In 2020, work-related injuries generally include injuries that threaten the health and life of an individual:

• shock;
• injuries that resulted in heavy blood loss (more than 20%);
• damage to the spinal column;
• fractures of the skeleton with displacements;
• coma;
• damage to internal organs leading to disruption of their functions;
• joint dislocations;
• brain injuries;
• abortion;
• mental illnesses and conditions.

Burns, damage to the eyes and speech apparatus are also considered to be severe types of injuries.

Light form

Cases of occupational injuries falling under the “mild” classification:

• sprain of the ligamentous apparatus;
• uncomplicated bone fractures;
• concussion.

A person can be injured in the workplace either through his own fault or as a result of unlawful actions of a manager. Each case is considered individually: a commission is assembled.

In case of a minor work-related injury, the duration of the consideration of the case is 3 days. Severe injury or death of an employee requires an extension of the period to 15 days.

Types of industrial injuries

Important! The duration of the process is affected by the time at which the employer is notified of the occupational injury that has occurred. If the information was provided the next day, then all activities are carried out within a month.

What payments can victims expect?

The volume and type of compensation is regulated not only by the labor code, but also by the agreement that the citizen entered into with the company upon joining the job.

The main types of payments and compensation due to an employee upon receipt of an industrial injury:

• financial assistance to relatives in the event of the death of a citizen;
• reimbursement of expenses for treatment and subsequent restoration of injuries received;
• monthly insurance benefits;
• monetary compensation for moral damage.

All payments for temporary disability must be reimbursed in an amount equal to the full salary on sick leave. Work experience is not taken into account.

Sick leave payment: how it is calculated

Compensation for industrial injuries is made under Article 9 of Federal Law No. 125, aimed at restoring the health status of the injured citizen. The amount of payments is influenced by wages: the calculation takes into account funds received over the last 2 years.

To calculate the amount of benefit you must use the formula:

P= D*24/730 days*PL.

Explanation of concepts:

• P—volume of benefits;
• D - income;
• PL—treatment period.

Important! If an employee’s salary has changed over the course of 2 years, this must be taken into account when calculating.

One-time payment

The amount of financial assistance for work-related injuries varies depending on the severity of the employee’s condition. The conclusion and recommendations are drawn up by a medical commission, after which the data is transferred to the manager to calculate compensation.

The accountant is obliged to take into account the size of the maximum annual benefit and the value of the regional coefficient, provided that it has been established. According to Article 1 of Federal Law 417, for 2020 the insurance payment is equal to 101,689 rubles.

Monthly payment

When calculating the amount of the monthly benefit, the basis is taken to be equal to the average monthly salary for the last 12 months before the injury. In addition to the coefficients, it is necessary to take into account the employee’s condition and the degree of damage.

Important! According to Law 417 of the Russian Federation, the amount of benefits for receiving an industrial injury is 78,189 rubles.

As a result of the death of a citizen at work, relatives receive payments. The amount of compensation is 1,000,000 rubles.

Reimbursement of monthly expenses

Regardless of the type of injury an employee received at work, the employee retains the right to compensation for money spent on restoring his health.

Compensation can be used in the following areas:

• payment for medical care, nurses;
• purchase of medicines;
• treatment in a sanatorium;
• payment for a ticket to travel to the institution where the treatment and recovery process will take place;
• provision of special mobility equipment, prostheses or a wheelchair;
• retraining if it is impossible for a citizen to return to his previous position.

The rehabilitation program is drawn up and then approved by a medical commission, after which payment is made by the insurance company.

What should an employee who is injured at work do?

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First of all, every employee needs to remember that if a work-related injury occurs, under no circumstances should they leave the workplace on their own, since in this case there is a high probability that the injury will be recognized as a domestic injury, and the employee will be given absenteeism for that day. Unfortunately, this is still the practice today.

The action algorithm is as follows:

• The employee needs to call the production nurse on duty, who will assess the extent of the injury and, if necessary, call a doctor.
• Obtaining a certificate of injury at work (issued by a commission based on the results of an inspection).
• Registration of sick leave.

If the injury turns out to be of moderate or severe severity, it will be necessary to contact the Social Insurance Fund to obtain additional payments.

Payments for work injury

Let us remind you that the employee has the right to receive social benefits in the event of temporary disability (including injury) in any case. This is provided for in Art. 5 of the Federal Law of December 29, 2006 N 255-FZ.

If the employee’s health is damaged, the wages lost due to an industrial injury and expenses for medical, social and professional rehabilitation must be compensated (Article 184 of the Labor Code of the Russian Federation). At the expense of the Social Insurance Fund (FSS RF), temporary disability benefits are reimbursed in the amount of 100% of earnings (Articles 8, 9 of the Federal Law of July 24, 1998 No. 125-FZ “On compulsory social insurance against industrial accidents and occupational diseases ").

The employee is paid a one-time and monthly insurance payments, the amount of which depends on the degree of loss of professional ability to work. It is determined by the establishment of a medical and social examination (Articles 8, 10, 11, 12 of the Federal Law of July 24, 1998 No. 125-FZ). The rehabilitation of the victim is also carried out at the expense of the Social Insurance Fund (clause 2 of Article 8 125-FZ). In addition to mandatory payments, the company has the right to provide other compensation or payments in a larger volume. Such guarantees may be enshrined in an industry tariff agreement. If the organization has signed this agreement, then it is obliged to pay increased security to employees. And moral damages must be paid by the one who is to blame for causing an industrial injury (Clause 3, Article 8 No. 125-FZ).

Severity of health damage

The degree of loss of professional ability in percentage is established by the institution of medical and social examination (Article 3, paragraph 3 of Article 11 No. 125-FZ). The amount of lump sum and insurance payments depends on it (Article 10 No. 125-FZ). According to the severity of health damage, accidents are divided into severe and mild. The amount of payment for the treatment of the victim depends on this. The severity of the health injury is determined by the medical organization where the injured employee first sought help. The List, approved by Order of the Ministry of Health and Social Development of Russia dated February 24, 2005 No. 160, lists health injuries in which an industrial accident is considered severe. If the accident is considered serious, additional costs for treatment and rehabilitation of the injured employee immediately after this accident (in a hospital, clinic, sanatorium) are paid from the Social Insurance Fund (clause 3, clause 1, article 8 No. 125-FZ).

In case of minor accidents, treatment costs are paid not by the Social Insurance Fund, but by the employer, who is obliged to compensate for harm caused to employees in connection with the performance of their work duties (Article 22 of the Labor Code of the Russian Federation).

Moral damages and statute of limitations

The employer must compensate the employee for moral damages (Articles 21, 22 of the Labor Code of the Russian Federation, paragraph 3 of Article 8 No. 125-FZ). Its value can be determined by agreement of the parties. If the employee does not agree with the amount of compensation offered by the employer, then it will be determined by the court (Article 237 of the Labor Code of the Russian Federation) depending on the fault of the employer and the degree of physical and moral suffering of the employee (Article 151 of the Civil Code of the Russian Federation).

This is also important to know:
What is an advance and how to return it under the contract

There is no statute of limitations for investigating an accident involving an employee. Upon the statement of the victim (his relatives) that the accident was hidden by the employer or was investigated with violations, the state labor inspector, regardless of the statute of limitations, conducts an additional investigation of the accident (clause 25 of the Regulations). In practice, there are many cases when, after several years from the moment of injury, workers (former workers) who were injured at work contact the competent authorities in order to establish the fact of an accident at work. If the organization where the accident occurred has already ceased to exist by that time, the Rostrudinspektsiya, together with the Social Insurance Fund and the territorial trade union, conducts an investigation on its own. The labor inspector examines the scene of the incident, interviews eyewitnesses and officials, studies internal documents of the employing organization and, based on the collected investigation materials, qualifies the accident as production-related or unrelated.

Calculation algorithm

After considering the case and making a decision, the commission sends all the data to production, where compensation must be calculated.

To determine the amount of insurance payments, the formula is used: RK=PM/D*DB.

Explanation of concepts:

• RK - amount of compensation;
• PM - maximum amount of benefits for injuries;
• D - the number of days when a citizen is incapacitated;
• DB - the number of days indicated on the sick leave.

Important! All bonuses and allowances must be taken into account when making calculations.

How to receive payment

Regardless of the extent of the damage, the employee is obliged to immediately notify management of the event. If this is not possible, information should be provided by witnesses to the incident.

Compensation for a work injury is paid quickly if a package of documents is collected:

• employment contract (copy);
• report of an injury incident at work;
• an extract from the medical history with an expert opinion;
• receipts confirming the costs of medicines;
• certificate of disability;
• documents for payment for medical services;
• passport.

If the case of injury at work was considered in court, then the decision made as a result of the meeting must be attached to the package of documents.

Procedure in case of an accident

Payments due to certain categories of employees

Government employees: firefighters, military, and police receive more compensation for injuries than other workers.

According to Federal Law No. 52 “On Compulsory Insurance of Military Personnel,” the amount of payments varies depending on the insured event:

• death during service, or death within a year due to injury: 2,000,000 rubles;
• establishment of 1 group of disability (15,000,000 rubles), 2 groups (1,000,000 rubles), 3 groups (500,000 rubles);
• mild injury, concussion: 50,000 rubles, if the injury is severe, then compensation increases to 200,000 rubles;
• dismissal as a result of work-related injuries by decision of the VKK: 50,000 rubles.

All payments are indexed taking into account the year and region, the conditions of the injury and its consequences.

Causes of injury in the workplace

All cases of injury at work are studied individually. Common causes of injury:

• neglect of established safety rules;
• performing work duties while under the influence of alcohol (drugs);
• performing operations without appropriate qualifications.

Responsibility for conducting and following safety instructions rests with the individual employee. But in each case of industrial injury, the degree of guilt of the injured worker is considered.

Causes of injury in the workplace

Determining when the injury occurred

First of all, it is worth understanding that an injury is considered work-related if the moment it occurred occurred in the following cases:

• direct performance of job duties specified in the job description;
• carrying out instructions from the enterprise administration;
• an accident that occurred on the way to work, provided that the movement was carried out on official transport;
• injuries sustained during rest or lunch breaks;
• The employee was injured off-site, but he was directly following the instructions of the employer.
• the injury occurred on a business trip or en route to it.

If the accident occurred due to the fault of the employee, then this type of injury is not considered an industrial injury, but a special commission is created that must establish the causes of the incident.

Mandatory actions of the employer

The manager who received information about the accident is obliged to take the following measures:

• provide the maximum possible medical assistance to an employee who has suffered a work injury;
• take actions aimed at ensuring the safety of other employees;
• if there is no threat to the life of employees, then preserve the scene of the incident in the form in which it was at the time the citizen was injured;
• provide information about the incident to the prosecutor's office, the FSS department;
• notify the relatives of the individual about the accident;
• take measures to organize an investigation into the event.

Important! If more than 5 people died at the workplace, then management is obliged to notify the State Labor Inspectorate of the Russian Federation.

Sample order for investigation

The document initiating the creation of a commission to assess the events that occurred must be issued within 24 hours from the moment the employee received an injury.

The responsibilities of the commission include:

• interviewing eyewitnesses and collecting evidence;
• determining the causes of a work-related injury;
• comparison of facts and preparation of a report.

The commission must include competent specialists:

• representatives of the trade union and the employer;
• labor protection officers.

The number of people present during the examination varies depending on the severity of the incident. The minimum number of commission members is 3 people.

There is no standardized form for an investigation order. The document requires the following information:

• name and serial number;
• the reason for creating the commission;
• indication of the purpose and objectives of the investigation;
• listing the personnel assembled to conduct the investigation;
• appointment of a person responsible for the execution of the document’s clauses;
• position of the manager with data, signature.

The issued order must be recorded in the order register.

Order on the creation of a commission

Sample accident report

The responsibility for drawing up the document rests with one of the employees, who is obliged to prepare the paper in 2 copies. The act is written in two languages: Russian and foreign if the injured party has a different citizenship.

The document requires the following information:

• reasons for injury;
• information about the circumstances that led to the accident;
• information of the employees responsible for the situation;
• the degree of guilt of the employee who received the injury;
• witness statements.

The drawn up act of receiving an industrial injury must be signed by all members of the created commission and approved by the head, certified by a seal.

Accident Act

How should an employing company behave?

If an employee is injured during the work process, the employer is obliged to call doctors who will provide the necessary assistance to the injured person. Before the ambulance arrives, you need to do everything necessary to improve the well-being or save the life of the employee.

Next, administration representatives need to talk with witnesses to the incident and record the fact of harm to the specialist’s health in a special journal. Upon receipt of a statement from the victim, management must form a commission of three people whose task will be to understand the reasons and details of what happened.

During the trial, the following points were clarified:

• the nature and severity of the injury received;
• witness statements;
• the presence of factors proving that the situation occurred through the fault of the employee himself or the employer.

The administration of the enterprise has a 10-day period to clarify the circumstances of the incident.

When answers to all questions have been found and it has been determined that the injury is of a work-related nature, you need to collect a package of documents to submit to the Social Insurance Fund and process the payments due. It includes the following:

• a copy of the victim’s work record book or a civil law contract on the basis of which the person worked at a specific production facility;
• certificate of average monthly earnings of a specialist;
• an accident report or a court decision, if the issue was resolved with the involvement of this authority;
• certificate of receipt of sick leave benefits;
• a medical examination report on the severity of the injury and the presence of indications for rehabilitation;
• a written application prepared by the injured employee to obtain insurance compensation.

If the injury is severe and the employee claims reimbursement for the cost of medications and rehabilitation measures, documents confirming the expenses incurred (receipts, checks, etc.) must be attached to the package.

Current legislation does not imply financial liability of the employer for cases of injury at work. It has been replaced by the obligation to transfer funds to the Social Insurance Fund on a monthly basis. However, the victim has the right to demand compensation for moral damage through the court from a specific person, who may be recognized as the employer.

Instructions for the employee

If an employee is injured, it is necessary not to leave the workplace: there is a high risk that the manager, in order to avoid liability, will record the employee’s departure as absenteeism.

Algorithm of actions:

• call the medical personnel on duty;
• receive an accident report;
• issue a sick leave certificate.

If a citizen receives a serious injury, he retains the right to receive additional payments from the Social Insurance Fund.

Work injury payment

Compensation for lost earnings

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

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

The victim receives sick leave benefits in the amount of 100% of his average earnings for the last year. But in Art. 1085 of the Civil Code of the Russian Federation states that he has the right to receive the entire amount of earnings lost during this period. It is recovered from the employer as from the tortfeasor. The amount of compensation is 100% of earnings for these days.

What does an employer face in the event of a work-related injury?

The manager is responsible for each employee, so the investigation commission determines the degree of guilt of the employer.
If the culprits of the incident are identified, they are subject to disciplinary liability in accordance with the Code of Administrative Offenses of the Russian Federation (Article 5.27.1), the Criminal Code of the Russian Federation (Articles 264, 143). Taking into account the severity of the work injury and the degree of safety violations identified, administrative or criminal punishment is possible for the offending workers.

Important! In the event of a group accident or fatal occupational injury to an employee, representatives of the regional trade union and local administration, and state inspectors are invited to the investigation commission.

Penalties:

• an administrative fine of 2,000–5,000 rubles is issued to the employee, sanctions in the amount of 50,000–80,000 rubles are imposed on a legal entity if violations of labor protection requirements have been identified;
• admission of a citizen to the workplace without a preliminary medical examination and familiarization with safety rules entails a fine for the employee in the amount of 15,000-25,000 rubles, and 110,000-130,000 rubles for the manager;
• if employees do not have protective equipment, officials will be forced to pay sanctions in the amount of 20,000 to 30,000 rubles, and legal entities in the amount of 130,000 to 150,000 rubles.

If labor safety rules were violated by a citizen responsible for their compliance, and this led to a person being injured at work, then the employee is subject to a fine equal to 400,000 rubles, or the amount of wages for a period of 18 months.

Alternatively, the employee may be involved in compulsory work lasting 180–240 hours, or correctional activity for up to 2 years. At the discretion of the judicial authorities, it is possible to impose forced labor or imprisonment for 1 year.

An employee whose actions led to the death of a citizen is punishable by imprisonment (up to 4 years) or forced labor for the same period. Depending on the severity of the guilt, the employee is deprived of the right to carry out certain work activities or hold a position for a specific period of time.

An industrial injury sustained while working in the mining or construction industry resulting from a violation of safety regulations is punishable by a fine. The amount of sanctions is up to 80,000 rubles, or equal to 6 months’ earnings. Restriction of freedom or assignment of correctional labor for up to 3 years is also possible.

If an employee dies after receiving a work injury, the term of forced labor or imprisonment increases to 5 years.

Important! A person affected by an industrial injury retains the right to receive compensation payments for moral damage caused.