Industrial injury due to the fault of an employee: the employer’s procedure and compensation payments. Work injury - what to do

Injuries are something that cannot be insured against. And anyone can have an accident at work. Therefore, you should prepare for such situations.

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You need to know that injuries at work in the Russian Federation in 2019 are subject to insurance and compensation. But in this regard, there are many nuances that determine not only the size of the payment, but also its availability.

Main aspects

In the second instance, you can apply for disability benefits - full or partial. May be required.

How this manual works

The employer is responsible for:

These actions should be completed as soon as possible. Because it is required by both legislation and standard procedure.

All documents for such a case must be prepared in advance so that registration takes as little time as possible.

Time frame for investigation

There is a division of investigation periods. Thus, in the event of an incident with a minor injury, the legislation provides three for carrying out all organizational actions.

But if an employee was seriously injured or a death was recorded, then the investigation period increases to 15 days.

When the employer was notified of the incident also plays a role. If this did not happen on the same day, then he is given the opportunity to carry out all activities within a month from the date of receipt of information about the accident.

Required documents

The injured employee must provide the following package of documents:

in the form of a copy;
passport document;
an injury at work is determined by its severity;
checks for medicines and medical services;
act of recording an incident.

The employer submits the following documents to the Social Insurance Fund:

statement of injury;
investigation report;
confirmation of payment of insurance contributions for the employee;
average salary per employee;
a certificate confirming the availability of payments for a work injury.

Algorithm for calculating damage caused

To do this, use a formula with the following indicators:

maximum benefit amount;
number of days of sick leave;
days due to incapacity for work.

Who should compensate the victim?

It should be understood that if there are contributions to the Fund social insurance, all payments that are made for the injured person fall on this government organization.

This is a kind of insurance for both the employee and the company.

Payment amount

With the help of an injury at work and sick leave payment will be made with the transfer of the entire amount of wages for the employee for the period of his incapacity for work.

The maximum amounts are intended for those workers who received severe work injuries.

Last changes

It is necessary to understand that the state keeps records of payments for contributions in this area. Because this allows for the availability of compensation for many workers.

Getting injured at an enterprise brings negative consequences not only for the injured employee, but also for the employer. No matter how widespread the misconception may be, you can get injured not only at work, but also in the office. What to do in this case and where to turn?

Defining the concept

Work injury- this is damage various types received by a person in work time, including during the lunch break, when performing overtime or on a business trip, even on the way to the office/enterprise and back home. Mutilation includes damage to limbs and organs that occurred as a result of sudden injury or disease that developed as a result of prolonged adverse exposure production environment at work. An accident that occurs to a student during an internship at an enterprise is also considered an industrial injury.

Types and severity of damage

Occupational injuries are divided into two types, which, in turn, differ in the degree of damage received by a person and the consequences after them. This may be the emergence or exacerbation of chronic and occupational diseases, long-term loss of legal capacity. The severity of work-related injuries also matters. As the main types, severe and mild injuries are distinguished.

So, serious injuries at work are injuries that pose a threat to human health and life. These include:

pain shock;

loss of more than 20% of blood;

coma;

disruption of the activities of important organs;

bone fracture with complications;

joint dislocations;

spinal injuries;

brain damage;

mental disorders;

damage to blood vessels and arteries;

miscarriage and others.

Mild work-related injuries include:

ordinary bone fracture;

Crick;

concussion and others.

Occupational injuries are diagnosed at the medical facility where the injured employee is treated. The conclusion is issued at the request of the employer.

Depending on the type of injury, damage is divided into:

technical;

temperature;

electrical;

chemical.

A workplace injury can occur due to the fault of both the employee and the employer. This will be determined further by the commission. For example, damage can occur due to non-compliance with safety rules in the workplace, or an accident may occur at work.

Industrial diseases

Occupational diseases are health disorders of an employee that arise due to the systematic long-term influence of negative working conditions on the human body.

Such ailments can be acute or chronic. Severe illnesses include health problems that appear unexpectedly. For example, during one working day under the influence of harmful production conditions.

If, due to harmful labor factors, several employees become ill at the same time, they speak of a group occupational disease.

If working conditions and environment Dont Have negative impact on the human body, do not lead to injury at work and the development of illnesses of varying severity and nature, this is considered the maximum permissible level of the production factor.

Injuries at work can also be expressed in a disease characterized as acute - a burn of the organs of vision when working at welding machine, poisoning with chlorine-containing drugs and other toxic vapors.

The development of chronic diseases caused by professional activities begins after frequent and long-term exposure to harmful factors at work, such as vibrations or noise from machinery.

Negative conditions can be created by:

dusty workplace - work in a mine or cement production;

gas contamination - when making bricks or working at a chemical plant;

humidity;

noise from equipment;

vibrations;

hard physical labor;

incorrect body position during sedentary work.

Under the influence of negative industrial factors, diseases such as noise and vibration disease, skin damage, musculoskeletal problems, pneumoconiosis and other ailments can develop.

Causes of injury in the workplace

An injury at work can occur for several reasons, including those that a person cannot influence in any way.

Technical

An industrial injury of this nature can occur due to deficiencies in the technical base:

breakdowns in mechanisms and machines;

insufficient mechanization of the work process;

automation of the work process in difficult conditions.

Sanitary and hygienic

This is a violation of indicators sanitary standards, such as humidity and air temperature, lack of domestic premises, insufficiently equipped workplace and failure to comply with hygiene rules.
Organizational

This reason is associated with insufficiently good organization of the production process:

violations in the use of the technical base;

poor preparation for loading and unloading operations;

failure to comply with safety standards;

lack of proper instruction;

improper organization labor regime and etc.

Psychophysiological

This factor is associated with unlawful actions of an employee in the workplace:

showing up at work while intoxicated;

intentional self-injury;

violation of work discipline.

In addition, reasons beyond the employee’s control include poor health, overwork, etc.

Actions

What should a person who has had an accident at work do? And what is required from the employer in this case?

The algorithm of actions is as follows:

It is necessary to inform the employer as soon as possible that an accident has occurred at work. If it is not possible to report the incident yourself, then it is necessary to convey information through other persons, often these are witnesses to the incident. The employer, in turn, is obliged to provide first aid and organize transportation of the victim to the nearest medical facility. Then he should report the incident to the Insurance Fund and start drawing up a protocol.

To investigate, it is necessary to create a commission consisting of three employees. In the process of determining the degree of guilt of the employee or employer, the nature of the injury, eyewitness accounts are taken into account, various examinations and other methods are carried out to determine the cause of the accident.

If the injury received is of a minor nature, then an occupational injury report is issued within three days. In case of severe injury, the investigation can take up to 15 days.

The received protocol is the basis for issuing a sick leave certificate for incapacity for work. The employer must decide whether to make payments under this document or refuse them within 10 days.

In a situation where the victim is found guilty of what happened, but the employee himself does not agree with this, he has every right to challenge the decision in court.

Commission to investigate the case

According to Art. 229 of the Labor Code of the Russian Federation, the employer must convene a commission whose task is to investigate industrial injuries. It consists of at least three people. As a rule, the commission includes employees representing the interests of management, government employees. inspections, persons from the labor protection organization, from law enforcement agencies, as well as a doctor. In a situation where an accident results in the death of an employee, prosecutors are involved.
The commission determines how guilty the victim is, based on the testimony of witnesses, studying the damage received, the results of the examination and the incident itself in all details. Payments for a work injury to the victim and the likelihood of payment for his therapy at the expense of the Social Insurance Fund depend on such factors. In the event that the injured employee violated safety rules, the amount of compensation for treatment from the employer is reduced.

The length of the investigation may depend on the type and extent of harm caused. If slight damage to health is caused, the commission issues a conclusion within three days, and in case of severe damage, the process can take up to two weeks. In the case where the injury was initially determined to be mild, but after some time became severe, the management of the enterprise must notify the members of the commission about this within three days.

Payments and compensations

Each person can count on receiving one-time assistance and a monthly benefit if he has a work injury.

Payments and compensation will depend on the degree of disability. Monthly compensation is calculated based on the amount established by the social insurance fund. They are paid throughout the entire period of rehabilitation, from the day the fact of loss of working capacity is determined. The obligation to pay lies with the insurance company, not the employer.

Temporary disability benefit

The employer must pay sick leave to the injured employee in the amount of 100% of his average monthly earnings. Average monthly income is calculated for the previous 2 years. It is worth noting that the employer pays sick leave in the amount of 100%, regardless of length of service. The employer pays for the disability certificate, and after that the Social Insurance Fund reimburses the entire amount of payments, counting them as insurance payments for the Social Insurance Fund.

Payment of additional expenses

Additional costs for the employee's reinstatement are borne by the employer. At the end of the sick leave period, money is transferred from the Social Insurance Fund to the company’s accounts - all payment. A work injury causes not only physical, but also mental damage.
He must also be compensated. The amount of the amount is determined by the court after the victim applies.

Documents for registration

To process disability payments, the employer needs to collect a certain package of documents that are transferred to the life insurance fund:

copies of the contract or work book employee;

act on the fact of injury at work;

documents on the timing of payment of disability benefits at the enterprise.

The injured person prepares his/her package of documents:

application in the prescribed form;

documents confirming the fact of expenses for treatment and rehabilitation of the employee;

honey. conclusion issued medical institution, about the presence of disability;

rehabilitation plan;

medical report representatives about the need for a rehabilitation program for an employee diagnosed with an industrial injury.

Documents for submitting an investigation into an injury:

contract or work book;

passport;

job description;

card filled out in form T-2;

working time sheet.

Documents required for recognition of injury and further investigation:

act of what happened insured event, drawn up in form 2;

order to convene a commission;

investigation materials: photographs, video footage, diagrams, eyewitness and victim testimonies, medical reports on injuries received in form 315/u, expert opinions, form 7 on inspection of the scene of the incident and others;

acts in form N-1 in the amount of three pieces with the signatures of all members of the commission, the head and with the seal of the organization;

conclusion of the state labor inspector;

entry in the journal about registration of accidents.

Calculation

Calculation of benefits for loss of ability to work in the event of a work injury occurs according to the same rules as in the case of a regular illness. But three points are taken into account.

First. If an employee is injured during the work process, then disability compensation is calculated in the amount of 100% of the average salary. In this case, experience is not taken into account.

Second. To calculate disability benefits, the employee’s average daily wage must be calculated. Multiply the resulting amount by the number of days in the calendar that fall during the recovery period. This is the final amount of monthly payments. It turns out that if there is a work injury, then the amount of benefits is not limited, it all depends on the number of days spent on sick leave.

Third. Each benefit paid by the employer to the employee is reimbursed to the company by social insurance in full.

Do not forget that personal income tax must be withheld from each benefit. In the case when the FSS believes that the organization should not pay insurance premiums, there is no need to pay for them.

Preventing accidents at work

To prevent work-related injuries, attention should be paid to proper organization labor and monitor compliance with safety regulations, not only at the administrative level, but also at workplaces throughout the enterprise. Each new employee must undergo strict training from senior staff.

Regular training to improve staff skills helps improve work throughout the entire site without violating rules and technical standards, which will avoid issuing such an unpleasant document as sick leave. Work-related injuries will not happen if due attention is paid to creating good working conditions. Such actions will affect the quality of health of each employee. We are talking about equipping the workplace with the necessary instruments and devices, ensuring the proper level of lighting, improved ventilation, maintaining optimal temperature indoors, etc.

It is necessary to monitor the health of every worker who enters their workplace. Do not allow persons who are drunk or in poor health to perform duties.

Bottom line

In the event of an accident at work, absolutely everything must be recorded. This will come in handy when investigating work injuries. The doctor's conclusion is the main evidence of the fact of harm to health in the workplace. You should ask your doctor for written confirmation that treatment or surgery is necessary due to injuries sustained at the plant. Otherwise, all costs of therapy and recovery will fall on the shoulders of the victim.

They happen periodically, and in this case everyone should know what to do. This applies not only to the employee, but also to the employer. Especially considering the existing Article 5, which relates to Federal law under number 125-F3. It obliges every employer to insure its employees against this kind of trouble, and therefore implies a certain list of actions that the employer must take in the event of a work-related injury.
Table of contents:
What injuries are work-related?

In order for an injury to be recognized as work-related, several actions must be taken immediately after the injury:

Provide medical assistance to the victim - call or go to a local medical center.

You need to apply for medical help. If the injured person does not succeed, then someone around him needs to do it.

It is necessary to call a management representative to the scene of the incident. If possible, then the head of the entire enterprise.

It is necessary to provide the supervisor who appears with full information about when and where this injury occurred.

The main thing in this procedure is to record harm to health. Arrived at the scene medical staff must first document the injury and then begin treatment. This fact must be reflected in the relevant documentation. Without it, the injury will be considered non-work-related, which means the worker will not be entitled to any compensation.

Next, it is the employer’s turn to act. After a written statement about the injury and a document indicating the recording is placed on his desk, the manager must begin an investigation. How it must be carried out and by what standards it is regulated is indicated in articles 229 to 231 of the Labor Code. If the investigation is not carried out, or is carried out but with violations, a complaint may be filed against the manager to the relevant authorities. This may result in litigation and penalties.

Important fact

Not only an injury received directly at the workplace during a shift is considered an industrial injury. This also applies to injuries sustained by an employee while he was traveling to production or returning home. But only if at that time he was in transport provided by the employer.

Employer's actions

The relevant laws establish a clear procedure for both the employee and the manager. The employer must:

The employer also has a certain list of responsibilities imposed on him by law. In the event of a work-related injury, the manager must immediately:

Provide medical care to the injured person. In case of hospitalization, the employer must ensure that an ambulance team takes the victim to the hospital. If it was decided to transport the injured employee on his own, then the manager is obliged to provide a vehicle.

Ensure that the investigation is carried out in the most thorough manner.

Pay the employee everything that is supposed to be paid in such situations. Even if the accident occurred through the fault of the victim himself. True, in this situation the amount of compensation payments is greatly reduced.

note

If the commission determines that the employee’s health has been slightly damaged, then all payments will be made not from the budget of the Social Insurance Fund. In this case, the employer himself must pay all expenses.

What should be paid to the victim?

An injured employee as a result of a work-related injury is entitled to several different types monetary compensation.

The first of them is payment according to. It is always made from the funds that were allocated by the manager for insurance premiums for accidents. Sick leave is paid regardless of how long full years is included in the experience of the injured employee. This payment is equal to the worker’s full average monthly earnings. It is provided if there is a reason, namely a certificate confirming incapacity for work. Such an extract is made and issued at the medical institution where the employee was admitted for treatment.

The second payment is a one-time payment. Its size is determined in direct proportion to how great the degree of disability of the victim is. The amount is calculated directly by the Social Insurance Fund.

The third payment is monthly. It continues until the employee regains full working capacity. Typically, the amount of such payment is equal to the average monthly earnings of the victim.

An accident at work is considered an accident if it occurred at the workplace, on the way to work or back home, or during a scheduled break. Both the employer and the employee may be at fault. This article will describe in detail the grounds, process and consequences of an incident due to the fault of the employee himself.

Establishing an employee’s guilt in an industrial accident

Guilt is determined in accordance with the law. Accurate evidence and written assurances are required for official confirmation. The degree of guilt of an employee in an industrial accident is determined by a special commission, which is formed and financed by the manager.

The commission consists of three people - a labor protection specialist, one of the employees and the manager himself. If the injury is fatal, an employee from the state labor inspectorate joins the commission members.

How to determine the employee's guilt?

The employee’s guilt is determined as a percentage by a specially created commission at the request of the employer. These calculations do not depend on the amount of compensation from the manager, but affect the amount of insurance payments.

An employee can receive an industrial injury only when he is at the workplace during the working hours established by the employment contract, during a planned break, as well as on the way to work or back home.

You should know that an injury received a few minutes before the start or after the end of the working day is not considered work-related. That is Negative consequences activities that are in no way related to the employee’s work duties cannot be regarded as a work-related injury.

Employee's fault in an industrial accident - investigation

An investigation into an industrial accident is carried out by a commission convened by the manager.

During this procedure, the following actions are carried out:

Interviewing witnesses, eyewitnesses;

Tests and calculations are carried out;

Maps of the scene of the incident are drawn up, photos and videos are analyzed;

Reviews entries in safety logs;

Documents are drawn up and executed;

The result of the incident is announced - whether it really happened or not.

3 days if the injury is minor;

15 days if the incident affected a group of people;

1 month if the manager concealed the incident.

If it is determined that the employee was actually injured at work, the employer will pay compensation.

Employee's fault in an industrial accident - consequences

Even if the employee is at fault, the situation obliges the employer:

Provide first aid to the victim;

Call ambulance or take yourself to the hospital;

Leave the environment in which the incident occurred unchanged. If this is not possible, record it, for example, take a photograph;

Inform relatives;

Organize a commission and, accordingly, an investigation into what happened.

If more than one person was injured, the manager must be notified of the incident within one day. law enforcement agencies, trade union and, of course, relatives.

- insurance payments

The law establishes the following insurance payments:

1. Temporary disability benefit. Paid in full during the entire treatment period.

2. Insurance payments. It can be either one-time or monthly. In the first case, the amount is 64,400 rubles, in the second - a maximum of 49,520 rubles.

3. Compensation for additional expenses for social and medical rehabilitation.

The victim or his family members may demand compensation from the employer for moral damages. If the manager refuses, then you can file a lawsuit.

In case of a one-time payment in the event of the death of the victim, the family is paid one million rubles - Article 11 of the relevant Federal Law;

Monthly payments depend on the dates specified in the medical certificate and average earnings for the last 12 months;

Additional payments include payment for medications, treatment, and a trip to a sanatorium.

Report on an industrial accident due to the fault of an employee

This is the main act, which is concluded after receiving the final results of the commission. It is drawn up in two copies according to form number 1. If the incident occurred as a group, then two acts are issued for each victim.

Name and position of the victim;

Employer's name;

Detailed description incidents - date, place, causes, consequences;

Date and signatures of both parties.

Thus, any unfortunate incident at the workplace is compensated by the manager. However, to avoid such a situation, you must follow all the rules.

Consequences for the employer if an employee is injured at work

An injury at work is one of the most unpleasant events for both the employee and the employer.

In order to prevent occupational injuries, labor legislation measures are provided that the employer and the worker are required to apply to ensure occupational safety.

Taken together, all these measures are included in the labor protection system.

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

Legislation in the field of industrial injuries

Labor Code expands and details the concept safe conditions labor. The tenth section of the Labor Code is entirely devoted to labor protection. It examines the requirements imposed by legislation on labor protection, its organization at work, ways and methods of ensuring the right of workers to safe working conditions and the liability provided for violation of legislation in this area.

the federal law“On compulsory social insurance against accidents at work and occupational diseases” dated July 24, 1998 N 125-FZ regulates the procedure for insurance of workers and compensation for harm to health caused by an industrial injury or occupational disease.

At enterprises of all forms of ownership, local regulations in the field of occupational safety, which are implemented by specially created services. The occupational safety management system specifies the responsibilities of the parties to ensure occupational safety, measures taken to reduce the risk of occupational injuries and liability in the event of an occupational injury.

Types of injuries

Occupational health disorders are divided into occupational injuries and occupational diseases. The latter are associated with harmful production factors and do not depend on injuries.

The injury is considered received in production, if occurred during:

employees performing labor functions in the workplace;

traveling to and from work;

break for rest and food;

business trip, including during travel;

Carrying out instructions from the employer outside of the workplace.

Depending on the severity of the consequences, industrial injuries can be light, heavy and fatal(causing death). Minor injuries mean damage that does not cause significant damage to health: abrasions, scratches, bruises. Severe injuries lead to long-term, stable loss of performance: fractures, concussions, damage to internal organs.

Based on quantitative criteria, injuries are divided into collective and single. Collective traumatism usually occurs during major accidents or man-made disasters.

By nature of the injury are divided into:

mechanical – violations skin, fractures, dislocations, bruises;

electrical – various electrical injuries, including lightning damage;

chemical – chemical burn, poisoning chemicals and their fumes;

thermal – thermal burn, heat stroke.

A particular danger in case of injury is the lack of timely medical care. Even a minor scratch can become a conduit for serious infections into the body.

In any injury case, both the employee and the employer may be at fault. However, individual cases may arise regardless of the will of the parties.

Most common industrial accidents due to the employee's fault arise as a result of non-compliance with labor safety standards, negligent attitude to safety, and the use of alcohol, drugs and other intoxicating substances.

Cases of injury due to the fault of the employer arise from non-compliance with legislation to ensure safe working conditions, failure to comply with occupational safety and health standards, admission to work of persons who are intoxicated and have not undergone a professional medical examination, etc.

To the so-called random factors may include: natural disasters, the will of third parties. That is, those cases external environment which neither the employee nor the employer can foresee or prevent.

Compensation by the employer for harm received by the employee

When an employee receives a work-related injury, they are entitled to compensation, the payment of which is made from the Social Insurance Fund or from the employer’s funds.

To determine the payer payments, it is necessary to establish the person responsible for the accident. If the injury was caused by the fault of the employer, then the employer will compensate for the damage received by the employee at its own expense. In other cases, compensation is made by the employer against the employee’s monthly contributions to the Social Insurance Fund. The causes of an industrial accident and the persons responsible are established by a specially created commission.

The employee is entitled next payments compensation for work-related injuries:

payment of sick leave;

one-time insurance payments;

monthly insurance payments;

payment of expenses related to rehabilitation;

payment medicines;

payment for prostheses and other medical products;

compensation for expenses additional care other persons;

payment for travel to the place of treatment or rehabilitation;

compensation for moral damage.

Payment of sick leave in case of temporary disability due to industrial injuries, it is paid in the amount of 100% of average earnings. If it is established that the employee was injured while intoxicated or intentionally, the amount of benefits may be reduced.

Sum lump sum insurance payment depends on the degree of disability and is established by the fund on the basis of the conclusion issued medical institution, and cannot exceed the maximum size established by law. In the event of the death of an employee, the sum insured has a maximum amount.

Size monthly insurance calculated based on the average monthly wages and is determined in shares depending on the degree of disability. The insured amount can be adjusted if the degree of working ability changes, in case of indexation.

To the costs associated with rehabilitation includes expenses for treatment, provision, if necessary, of transport and technical means.

In case of permanent loss of ability to work, causing the onset of disability and impossibility labor activity, the employee receives benefits for life.

In case of fatal outcome, close relatives of the deceased have the right to insurance payments.

Consequences for the employer if he concealed the fact of injury

These actions are carried out by the accident investigation commission. The employer is obliged to report a case of industrial injury within one day to the local branch of the social insurance fund, and in case of several victims - additionally to the state labor inspectorate, the prosecutor's office and other bodies established by law.

Behind hiding a fact industrial injuries by the Code of Administrative Offenses Russian Federation liability in the form of a fine is provided. Officials those responsible for an accident resulting in the death of an employee or employees may be subject to criminal liability in the form of imprisonment.

The amount of the fine and the type of liability are determined based on the degree of guilt of the persons obliged to monitor compliance with labor protection requirements at work, and other persons whose guilt in the incident will be proven as a result of the investigation of the accident.

The employer's responsibilities in the event of a work-related injury at the enterprise are discussed in the following video:

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6 comments

May 22, 2017, when transporting an acetyl cylinder manually to the place of execution emergency work on my own, since the mechanic had an ulcer, there was a rupture of the distal tendon of the biceps brachii. Passers-by helped. The bosses took me to the tram station where I went at my own expense by taxi. On May 29, I was discharged and operated on. On May 29, I turned in sick leave for work. They tried to persuade me not to take out sick leave. I refused. .they drew up the report several times, but they just couldn’t get it to pass (I think it was specifically to agree) they finally signed it on May 24. 26 they said it was handed over. What should I do if the payments are minimal? a welder and mechanic received 13,854 rubles in May for 21-25 t.r.

Hello Tahir, your employer should have convened a commission that determines who is responsible for this incident. If the injury was not your fault, you must contact the Social Insurance Fund with a commission conclusion, and the period of temporary disability must be paid in the amount of 100% of average earnings.

There was an industrial injury, a fall from a height of 3.9 m. The presence of harmful working conditions: vibration from a drill, hammer drill, static-dynamic, exercise stress on the musculoskeletal system Fracture of the lumbar spine. An implant with a titanium plate was placed. Somehow they received 30% loss of ability to work for a year, but were not given disability. After 5.5 months I was discharged to work. I don’t agree that they didn’t give me a disability group. I want to appeal to the Federal Bureau of ITU. Am I right?

Hello Stanislav, if you passed the commission at the ITU regional bureau, then you can appeal its decision within one month from the date of issue of the conclusion through the same bureau, or the complaint is submitted to the ITU regional bureau or to the ITU Federal Bureau.

There is also the possibility of appealing the commission's decision to judicial procedure by filing a claim in a court of general jurisdiction at the location of the ITU office.

The employee deviated from the work prescribed in the work permit, at the request of the employee (not the engineer) performed unassigned work and was injured. What to do in this case?

Hello Alexey, at in this case The management of the enterprise must convene a special commission and establish a number of facts.

- is the work performed by the victim included in the list of his labor responsibilities;

- Is he familiar with safety precautions? this species works;

— whether the employee is obliged to carry out the instructions of the person at whose request the work was performed.

Based on the results of the investigation, a decision is made about who is responsible for the injury.

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What to do if an accident at work occurred due to the fault of the employee himself? In fact, on initial stage, immediately after the incident, it does not matter at all whose fault the incident occurred. First of all, you always need to take simple and logical measures: send the victim to the hospital, record all the details of what happened, report to your superiors, and so on. Moreover, at the time of the incident it is generally impossible to know whose fault the accident occurred. Neither the immediate supervisor nor the employee himself can establish whether someone is at fault.

How to find out whose fault it is?

If we are talking about the head of the organization, then he is obliged to immediately issue an order to create a commission to investigate the accident, send messages to the relevant authorities (usually to a higher organization and the social insurance fund, and in case of a serious or group accident, also to the prosecutor’s office, labor inspectorate, trade union body and local authorities authorities).

Next, the commission begins to work: draw up diagrams, protocols, conduct interviews with witnesses, check labor protection documentation, and so on. Within the prescribed period (in case of a minor accident - within three days) the commission must draw up an accident report, in which it must indicate the degree of guilt of the employee and other persons.

What should an employee do?

The most guilty and injured worker (if he did not die, and escaped with some slight fright), should understand that obstacles on his part to the efforts of the commission to establish the truth will only aggravate his guilt (and violation of labor safety rules is already quite serious misconduct, liability for which can include dismissal), so it makes sense in your explanations to simply state everything as it was.

What should a manager do if an employee is injured on the job?

As for the immediate supervisor responsible for work safety, by and large, he should have done everything in his power before the incident. After the accident, he cannot even be included in the commission of investigation, since by default, as a rule, he is the first to be included in the category of “suspects” for guilt.

Immediately after the incident, the immediate supervisor is obliged to take priority measures: eliminate the dangerous factor as far as possible and exclude the possibility of new accidents, provide first aid to the victim and send him to the hospital, inform his superiors, and then continue to perform his other duties.

After the commission begins its work, he should be prepared to give comprehensive explanations, submit documents on labor protection: briefing logs, permit orders (if we are talking about carrying out hazardous work) and so on.

Even if the work injury occurred through the fault of the employee.

Even if the commission establishes the full guilt of the victim himself, for the immediate supervisor it still rarely goes without trouble and additional headaches: as a rule, the results of the investigation will be followed by a number of measures to prevent such incidents: from unscheduled briefings, and hanging warning signs, to carrying out serious unscheduled work. In addition, a manager is often deprived of a bonus for an accident on his site, regardless of whose fault it was.

In general, if you study the materials of such cases and try to look at the situation from the everyday side, then everything is very reminiscent of the situation with a pedestrian who rushed across the road in the wrong place and got hit by a car: it seems that he is to blame, but there is a very high probability that the driver will still have to answer. We really like to look for those to blame...

Accident at work due to the fault of an employee

If an employee works on employment contract, then he is an insured person in the Social Insurance Fund system. This means that even if an accident occurred at work due to the fault of an employee, he will receive all compensation payments.

The employer is obliged to pay the employee sick leave in the amount of 100% of average earnings, regardless of the length of service of the injured person with this employer, if the latter was injured at work through the fault of the employer.

The degree of guilt of the employee is determined by the commission that investigates the accident. The commission is assembled by the employer, who also finances the investigation.

The commission must consist of at least 3 people - a labor protection specialist, representatives from employees and the employer. If the employee received serious injury or a death occurs, then the commission must also include an inspector from the state labor inspectorate.

In addition to sick leave, the employer is obliged to pay compensation to the employee. Its size depends on the degree of guilt of the employee, which is determined as a percentage by the commission.

If an employee is injured entirely through his own fault, then the percentage of his fault cannot exceed 25%. This means that 75% of workplace injuries were the fault of the employer.

Regardless of whose fault the injury occurred, it will not go unnoticed for the employer. He will have to submit to the commission a work plan to troubleshoot and improve his labor protection system.

In addition, he must conduct an unscheduled briefing for all his employees, and be prepared for an imminent unscheduled inspection by the state labor inspectorate.

It follows from this that the employer is to blame in any case, even if the employee himself stuck his fingers into the socket and received a severe burn.

industrial injury due to the fault of an employee

Compensation for work injury

Many professions carry a risk of various injuries. They can be either relatively mild or such that they make a person disabled for life. In this case, compensation for damage to the employee as a result of an industrial injury comes first. How does this happen?

A person can get injured not only at the enterprise, but also on the way to work or back home. In this case, there will also be a work injury.

What compensation is entitled to an employee who is injured at work?

My son, 20 years old, a student, got a part-time job as a loader in an LLC for 750 rubles a day. After 14 days at the factory, while loading a truck, he could not maintain his balance and fell from a height of approximately 2-2.5 m, not taking into account his height. As a result, he received a closed intracranial injury. Brain contusion. Contusion lesions of the frontal and temporal lobes. In the N-1 act, the height was indicated as 1.3 m. Before applying for a job, I did not have time to pass a medical examination and was not provided with special clothing.

Accident at work due to the fault of an employee

The definition of an industrial accident is regulated by Article 227 of the Labor Code of the Russian Federation. For such an incident to be considered an accident, it must occur during working hours, during a regulated break, or while the employee is traveling to and from work on the employer’s transport.

Both the employee and the employer may be at fault in an accident. The availability and amount of compensation that will be paid to the victim depends on this.

Occupational injury due to employee fault

An industrial injury is harm (intentional or unintentional) to the health of an employee of an enterprise that occurred as a result of an accident at this enterprise during the performance of direct work duties.

If an industrial accident occurs due to the fault of an employee, then at the initial stage this nuance does not matter; the employer is obliged to fulfill all the requirements established by the Labor Code and other legislation.

Work injury

When an employee is injured at work, the management of the enterprise, resorting to various tricks, tries to hide this fact from the authorities monitoring compliance with safety regulations.

Usually in such cases, the administration of the enterprise offers payment for treatment and payment of compensation, but with the condition that all these issues must be resolved informally. At the same time, the employee who received it is most concerned about restoring his own health.

Even a minor injury sustained by an employee at work during working hours due to the fault of the employer always implies the imposition of liability on the latter. If an injury occurs at work, it is not yet very clear to the employer what to do. In fact, first you need to provide first aid to the victim, and then begin to find out the details of the incident and register the accident.

Work-related injuries include:
After the fact of receiving a work injury, you must not succumb to pressure from your superiors and continue to work until the end of working hours; documents on occupational safety training cannot be signed retroactively; We also do not recommend contacting a medical facility that belongs to an organization or has entered into a contract with it. Read more in this

any kind of bodily harm caused by physical or electrical means;

hypothermia and overheating of the worker’s body – frostbite or heatstroke;

bites of animals, insects and other fauna at a specific production site;

any other injuries received by the employee in the performance of his duties.

Only those injuries that occur during work on the territory of the organization, or on the way to the workplace, or on shift or while on a business trip are considered industrial injuries. In all these cases, an investigation into the injury must be carried out.
The issue of industrial injuries at an enterprise is regulated by a separate Resolution of the Ministry of Labor, as well as by the Constitution of the Russian Federation and Labor Code Russian Federation.

The employer's first actions

An employer's responsibilities in the event of an accident at work include the following:

Provide first aid or call an ambulance.

Accept everything necessary measures aimed at suppressing the consequences of an accident.

If an employee dies, notify the labor inspectorate, insurance company and prosecutor's office.

Take the necessary measures to preserve the situation in which the emergency occurred as much as possible.

If an industrial injury causes injury to two or more employees, or leads to death, the employer, in accordance with Article 228.1 of the Labor Code of the Russian Federation, is obliged to notify the Social Insurance Fund. The responsibilities of each employer indicated in the list in the event of a work-related injury at an enterprise under his control are indicated in Art. 228 Labor Code of the Russian Federation.
Further actions of the employer

To clarify the circumstances of the situation, it is necessary to perform the following actions:
Did you know
Injuries at work are classified by the number of victims (individual and group) and by severity (first, second and third degrees). An injury classifier has also been developed, containing 15 points and describing the causes of industrial injuries. Here you can read more about the classification of injuries.

Formation of the commission. This commission consists of three people, among whom must be a representative of the trade union organization, a safety engineer from the enterprise, and a representative of the employer. The commission must be provided with all conditions for work. If there is an injury to two or more people, or death, the commission also includes a state inspector, a representative of self-government bodies and a representative of the regional trade union.

Conducting an investigation. At this stage, the assembled commission is engaged in clarifying the circumstances of the accident, identifying the perpetrators and the extent of the damage caused.

Drawing up an act. includes a mandatory punet - an act of injury at work. The act is drawn up in Russian (if the victim is a foreigner, then also in his native language) in the number of copies, equal to the number interested parties (from two). The report contains information about the emergency that occurred and its causes, about the perpetrators and the degree of guilt of the victim himself. If there are witness statements, they are also included in this act.

Payment of compensation. Every injured worker, as well as the relatives of a deceased worker, have the right to receive compensation aimed at compensating for moral and physical damage.

Now we need to figure out what the threat of an injury at work is to the organization. First of all, payment of 100% of the official salary for the entire period during which the employee remains disabled. If the employee is completely unable to continue working, he or his relatives can receive a one-time or monthly payment issued by the Social Insurance Fund.

The amount of monthly compensation payments cannot exceed the established limit of 65 thousand rubles. One-time assistance in case of death is within one million rubles.

Additional Responsibility

In the event of a work-related injury, the employer is obliged to notify a number of authorities, which are listed above. If management decides to hide the fact of what happened, administrative liability in the form of a serious fine may be imposed on him. The amount of the fine depends on the degree of guilt of the responsible persons recognized by the court. Persons who are found to have caused a fatal accident may face actual criminal liability for varying periods of time.

The lawyer will answer your questions in the comments to the article