The content of the article
- What is a work accident?
- Legal regulation
- Labor Code of the Russian Federation
- Federal Law “On Compulsory Social Insurance against Occupational Accidents and Occupational Diseases”
- What relates to industrial accidents
- What accidents are subject to investigation?
- Work Accident Actions
- Employer Responsibilities
- Accident Reporting Procedure
- Commission formation
- What are the deadlines for the investigation
- Cause analysis
- Registration and registration of accidents at work
- Industrial accident insurance benefits
- Disability Allowance
- Payment of additional costs
- The consequences of the accident and the responsibility of the employer
If an employee has an industrial accident, as a result of which his health has been injured (or even the situation has led to death), then, according to the law, the employer must conduct an investigation and compensate the injured person. Find out what obligations in the field of employee insurance are regulated by the current legislation of the Russian Federation, find out what is a work injury, what guarantees and compensations to the employee are provided by labor legislation.
What is a work accident?
This event, as a result of which the insured person was injured or otherwise injured while he was fulfilling the duties prescribed in the employment contract. This concept also includes tragic situations that occurred when an employee was sent to his home or to work, it affects the time of breaks between work shifts. If an employee has been injured while on a business trip, this is also considered an accident. This definition is taken from Federal Law 125-FZ.
Compared with the legal regulation that was in force until 01.01.2007, at present, the range of emergencies that are considered to be accidents on the production site is outlined by Federal Law No. 125-FZ. All other tragic incidents when an employee is temporarily incapacitated are regulated by Federal Law No. 255-FZ and other regulatory acts..
Labor Code of the Russian Federation
A detailed definition of what an accident at work is written in the Labor Code of the Russian Federation (Article 227). So, an industrial injury is an event that resulted in the following for the injured person:
- damage by radiation, electric shock, lightning;
- damage due to explosions, natural disasters, destruction of buildings, structures, structures, accidents and other emergency circumstances;
- bodily injuries, including injuries caused by another person;
- other health damages that occurred as a result of external factors, due to which it became necessary to transfer the employee to another place of work, there was a permanent or temporary disability or injury caused the death of the injured person.
Federal Law “On Compulsory Social Insurance against Occupational Accidents and Occupational Diseases”
The legislation of the Russian Federation provides for occupational disease insurance and compulsory social insurance against industrial injuries. Federal law implies compensation for damage that was caused to the health and life of the insured person while he was fulfilling his duties specified in the employment contract or other cases established by the current Federal Law. Compensation is provided in full, and payment of expenses for treatment in a medical institution, professional rehabilitation and social will also be included here..
What relates to industrial accidents
The main situations of qualification of tragic events as an industrial injury are:
- If injuries were received at the workplace, on the route of the employee to the production (from him) by official transport (or by personal car in the situations agreed by the parties) or at the place of business trip.
- When an employee performs official duties according to the order of the head or official actions provided for by the employment contract.
Consider examples of work-related accidents, business trips, and transportation accidents:
- Auto mechanic P.P. Ivanov, while repairing a company’s vehicle, burned his hands with hot engine oil. Ivanov during his working hours fulfilled his direct duties. If a car mechanic is officially employed, has insurance against NS, burns caused temporary disability, then this situation is a 100% industrial accident.
- The foreman Petrov was sent on a business trip to a construction site. Production will be considered, for example, a closed head injury that the employee received during the inspection of the construction site.
- The driver Sidorov, on his way to work in an official car provided by the organization, got into an accident in which he broke his arm or leg.
Industrial injuries are divided according to the consequences and the number of injured persons. According to the number of victims, individual and group (from two or more injured persons) are distinguished. The consequences distinguish between mild, severe and fatal injuries. The severity of the harm caused to health is determined in accordance with the order of the Ministry of Health and Social Development No. 160 “On determining the severity of health damage in the case of NS at work”.
The legislation of the Russian Federation shares the following types of accidents at work:
- Transport accidents: on water transport, land, air, rail when moving to the place of work on the employer’s transport, while traveling by personal transport for official purposes, during a business trip on public transport, when walking to the place of work.
- A fall of an employee from a height, a fall on a flat surface, which includes: a fall on a slippery surface; falling as a result of tripping, slipping or a false step.
- Fall at different heights, to depth.
- Fall, collapses of objects, land, collapse of materials, etc.: collapses of walls, stairs, buildings, scaffolding, etc .; scree and collapse of rocks, snow, earth, stones.
- Impacts by falling parts and objects (including their particles and fragments) while working with them.
- Blows of various kinds by falling objects.
- The impact of flying, moving, rotating parts, objects, etc.: contact bruises resulting from a collision with stationary parts, objects, machines, these include blows received as a result of an explosion; contact blows received when a worker collides with moving parts, objects, machines, as a result of an explosion.
- Pinched person and other contacts with moving or stationary machines, objects, parts.
- Strong physical exertion, overstrain.
- Ingestion through the skin or through natural openings in the body.
- Exposure to natural factors, extreme temperatures (low or too high).
- Exposure to lightning, electric current, radiation.
- Exposure to fire, smoke, flame.
- Exposure to harmful substances.
- Immersion in water, drowning.
- Damage resulting from the intentional actions of the employee aimed at causing harm to their own health.
- Damage in emergency situations of anthropogenic, natural, criminogenic and other nature.
- Exposure to any other unclassified injury factors.
What accidents are subject to investigation?
If the employee was injured at the enterprise, then the boss is obliged to investigate what happened. According to the provisions of the Labor Code, the following situations are subject to investigation:
- When injuries were received by a worker or other persons participating in the production process, but provided that the National Assembly took place while the employee was fulfilling his duties or acting on behalf of the head.
- Injury to the worker when following him to the place of work as a shift worker or during shift intervals.
- The tragic situations that occurred when the employee was going to or from work, and it doesn’t matter what kind of transport was used for transportation: personal or manager’s transport. This paragraph refers to the time until the employee gets to the place of fulfillment of his duties on behalf of the head.
- Situations resulting in injuries and injuries, provided that the worker received them while in the territory controlled by the boss at the workplace and this was during working hours. This item also includes injuries sustained during the period allotted for the preparation of the workplace or upon completion of work.
Work Accident Actions
An employee who is injured in a workplace must first seek medical help. If the victim is an insured person and applies for temporary disability benefits, he must present the sick leave to the head of the company. In addition, an employee who, as a result of an injury has become temporarily incapacitated, should notify the employer of the incident as soon as possible..
According to Decree No. 73 of the Ministry of Labor of Russia dated 10.24.2002, an employee who is injured in the company’s territory is obliged to immediately inform his employer (or management) about what happened. The deadlines for submitting an application for an investigation of work-related injuries, which the head of the company was not notified about, have not been established by the legislation of the Russian Federation.
The head in the company whose employee was injured has a number of obligations in accordance with Art. 228 of the Labor Code of the Russian Federation. So, the employer or production manager must:
- Provide emergency assistance to the injured employee, if necessary, transport him to a medical facility.
- Take measures to prevent the development of an emergency or other emergency and the impact of traumatic factors on other persons at work.
- Save the situation as it was, if this does not lead to an accident, other emergency situations, does not pose a threat to the life or health of others, until the investigation begins. If the situation cannot be preserved, the boss must fix it (videotape, take a picture, draw up a diagram or conduct other events).
- To inform the organizations and bodies indicated in the current code, other regulatory legal acts of the Russian Federation and other federal laws about employee injury. If there was a serious injury or accident at work with a fatal outcome, then the obligation of the employer also includes communication to the relatives of the victim.
- Take measures to organize the investigation procedure, draw up investigation materials in accordance with the requirements of the Labor Code of the Russian Federation.
Accident Reporting Procedure
In the event of a group work-related injury, a serious accident or a situation which resulted in the death of an employee, the head (or representative) is obliged to send a notice to such authorities within 24 hours:
- state labor inspectorate;
- local prosecutor’s office;
- the executive authority of the constituent entity of the Russian Federation or (and) the local government where the individual or legal entity is registered as an individual entrepreneur;
- the employer who sent the employee to the production, where he received an industrial injury;
- the territorial body of the relevant federal executive body that exercises oversight and control functions in the established field of activity if occupational injuries were received at a production facility or facility controlled by this body;
- the executive body of the insurer, which addresses issues of compulsory social insurance against industrial accidents and occupational diseases;
- united trade union organization.
In order to investigate an employee’s workplace injury, the manager must create a commission that will include:
- representative of the employer;
- labor protection specialist or other person responsible for his work;
- representative of an elected body that is a member of a trade union organization.
The composition of the commission is determined on the basis of the severity of the industrial injury received. So, if the injuries are mild, then in addition to the employer who heads the commission, the representative of the employer and the labor protection specialist are also included in it. If the injury is qualified as severe (or the death of an employee has come), then the head of the commission is the state labor inspector. In addition to this official, the commission should include:
- union representative;
- representative of a local government or executive authority of a subject of the Russian Federation;
- representative of the body of the insurance company (if the victim was insured).
If an employee is injured, who, on the instructions of his superiors, did work for another employer, then the commission should include the head (representative) who sent him there. The commission is prohibited from including persons who are responsible for ensuring compliance with labor protection requirements in the territory where the tragic situation occurred.
What are the deadlines for the investigation
Investigations of industrial accidents are carried out within 3 (if the injuries are minor) or 15 calendar days (in case of severe injuries or death). The term is calculated from the day when the order on the creation of the commission was issued. If necessary, the chairman of the commission may extend the investigation by another 15 days. If it is impossible to complete the investigation in a timely manner due to the need to consider the circumstances of the situation by the bodies of inquiry, the investigation or the court, the decision to extend is made in agreement with these organizations.
Determining the causes of occupational injuries is one of the main objectives of the investigation. There can be several reasons leading to mutilation: organizational reasons, technical, technological, personal, sanitary and hygienic reasons. In order for the determination and presentation of the reasons to be correct and objective, the members of the commission should be guided by the following principles:
- The reasons follow from the circumstances of the National Assembly and are organically linked to the previous paragraphs filled in the act of investigation..
- The reason must be formulated concisely, clearly, legally and technically correctly..
- In most cases, the cause of occupational injuries are organizational and technical reasons, therefore, the documents must indicate the true cause of the incident..
- Formulating and justifying the reason, it is necessary to introduce specific violations of the employee into the act, which were established by the commission.
- The accompanying causes of the incident must be stated directly behind the main cause. The reasons directly and indirectly related to the tragic incident must be indicated consistently, given their significance..
Registration and registration of accidents at work
Based on the results of an investigation of an occupational injury, the materials listed in parts 3 and 4 of Art. 229.2 of the Labor Code, then two copies of an act of equal legal force are drawn up in the form of N-1. In case of an incident with the insured person, an additional copy of the act must be drawn up. The document sets out in detail the reasons for the industrial injury, circumstances, it is necessary to indicate the persons who violated labor protection requirements. The act is signed by all persons who participated in the investigation, approved by the employer, certified by the seal.
In severe injuries, one copy of the investigation report and copies of the investigation materials are sent to the prosecutor’s office, where the incident was previously reported. After this, copies of the act and copies of the investigation materials are transferred to the State Inspectorate, the territorial body exercising state control in the established field and the executive body of the insurer.
In addition, the employer is required to report to Rosstat on all work-related injuries that were registered at the workplace. To do this, it is necessary to draw up a report on the form 7 injuries (the form in Appendix No. 2 to the order of Rosstat No. 216 of 06/19/2013). This report is provided at the location of a separate division of Rosstat or at its territorial office at the location.
The employer is also required to register each occupational injury by writing data in form No. 9 to a special journal. It is necessary to enter the date and time of the tragic event, information about the injured worker, describe the circumstances of the accident, the consequences and indicate what measures have been taken to eliminate the causes that led to it.
If the results of the investigation revealed that the victim had suffered material damage, you can additionally raise the issue of his compensation. For example, we can talk about reimbursement of funds spent on:
- treatment of the victim;
- passing a rehabilitation course;
- payment for the services of a specialist who looked after the victim during his rehabilitation.
In addition, earnings (income) that may be lost as a result of damage to health can also become a loss. Compensation may be charged both in court and in pretrial. It is worth noting that according to Part 2 of Art. 1085 of the Civil Code of the Russian Federation, the amount assigned to the victim before or after receiving injuries, disability pensions, benefits does not affect the determination of the amount of compensation.
Industrial accident insurance benefits
The insurer is obliged to make insurance payments (the funds are generated from the insurance premiums of the insured) if the fact of damage to the injured person’s health is confirmed, his / her membership in the insured circle is proved, or there is a causal link between the accident and the fact of injury. Insurance benefits include:
- Lump sum payment. The size is determined, depending on the degree of disability to victims, based on the maximum amount (in 2019, it is 92,339.10 rubles).
- Monthly payout. It is defined as the share of the average employee’s earnings for the month, calculated on the basis of the degree of disability to victims. The maximum amount of insurance payment per month cannot exceed 71,000 rubles – for 2019.
The victim with an accident at work should receive temporary disability benefits, however, the amount should not exceed the maximum – four sizes of monthly insurance payments. Starting from January 1, 2019, the monthly insurance payment amounts to 72,290.4 rubles, so the maximum benefit amount will be 289,161.6 rubles.
Payment of additional costs
The FSS of the Russian Federation pays additional expenses to the injured if he has a certificate issued by a medical and social examination stating that the employee needs prosthetics, care, spa treatment, etc. The maximum amount of expenses is set for extraneous medical care – 900 rubles / month, an amount equal to 225 rubles is calculated for household care. Other expenses required for the rehabilitation of the victim are not limited to the maximum amount, they only need to be documented.
The consequences of the accident and the responsibility of the employer
Entrepreneurs for failure to report an incident are liable to a fine of 1 to 5 thousand rubles, for legal entities from 30 to 50 thousand rubles (or suspension of an enterprise for up to 90 days). If during the verification of the investigation it is revealed that the employer has violated labor protection and labor laws, they can be held liable in accordance with article 5.27 of the Code of Administrative Offenses. Article 15.34 of the Code provides for fines for concealing work-related injuries:
- for legal entities – 5000-10000 rubles;
- for officials – 500-1000 rubles;
- for individuals – 300-500 rubles.