At any manufacturing enterprise, a situation may arise when an employee receives any serious injury. It must be properly executed so that the citizen has the opportunity to receive payments from the state and the employer. Therefore, it is important to know what an occupational injury is, what payments are made to victims, and how severity is determined. The employer must understand how such a situation is formed in the company.
The concept
What is work injury? It is represented by a situation in which an employee of a company for various reasons receives various diseases, injuries or injuries. Such cases are recognized as production if they arise directly in the performance of labor duties. They can lead to the fact that a citizen completely or partially loses his ability to work.
Every worker should know what the injuries are. These include the following situations:
- injury or damage is caused directly during the performance by a citizen of his labor duties;
- during the use of personal or business vehicles, the use of which is fixed in the labor agreement of the citizen;
- in the process of eliminating various incidents or disasters, but only on condition that the employee has been officially involved in such activities;
- may occur during a trip on a business trip;
- trauma is inflicted upon a citizen in the implementation of instructions that were received from the management of the company, and they can be performed both at the enterprise and outside its territory;
- injuring during rest or lunch break, but only on condition that the citizen is in the company;
- during shift work;
- the implementation of various works that are not included in the job description of a citizen, but were implemented at the request of company management.
If accidents occur, the culprit of which is directly the employee, then they are not a work injury. Therefore, every citizen should know what an occupational injury is, and also under what conditions it is formed.
The reasons for such situations
Occupational injury can occur for various reasons. The most common reasons for such situations are:
- safety violation by direct employees of the enterprise;
- negligence on the part of specialists;
- misuse of different equipment;
- transfer of specific official powers to an employee who does not have the necessary skills and knowledge;
- lack of briefings, which must be carried out at the manufacturing enterprise.
Most often, such injuries happen to workers, trainees and people who are attracted from the outside.
Types of injuries
There are several types of work-related injuries. Allocate specific and household industrial injury. Depending on the nature of the injury, injuries may include:
- technical, in which damage is caused to human health by various equipment or as a result of a fall;
- chemical occur when working with any reagents and chemicals;
- drums can occur as a result of using different instruments;
- temperature arises when working in difficult or dangerous conditions, when citizens have to cope with their basic duties at extremely low or high temperatures;
- sanitary-hygienic due to the fact that the employer has not created optimal conditions for the work of hired specialists;
- electrical appear when citizens work with different electrical devices or wiring;
- chronic diseases associated with the chosen profession, and they appear within a few years, and can also lead to a complete disability.
Each type of such injury should be made out according to certain rules so that the employee can receive the payments due to him.
Severity Types
Additionally, injuries sustained during the performance of labor duties vary in severity. Industrial injuries can be of the following types:
- light injuries represented by various bruises, sprains, abrasions or even fractures and frostbite of the extremities, and such situations do not cause any significant damage to human health;
- moderate damage consists in partial loss of vision or hearing, mental disorders, exacerbation of chronic diseases or other similar situations;
- severe cases are associated with the occurrence of a threat to a person’s life, therefore, he may fall into a coma or shock, and a citizen may begin bleeding or disrupt the work of the most important body systems.
Each case is considered individually, but all employees must understand what a work-related injury is, so that the employer cannot escape responsibility in any way.
Legislative regulation
All company executives where employees are faced with difficult or dangerous working conditions should know how work-related injuries are paid for and how they are properly processed. For this, the provisions of the following regulations are taken into account:
- the main provisions of the TC;
- Art. 216, 293 and 143 of the Criminal Code;
- with the help of Federal Law No. 125, information can be obtained on how insurance is paid to employees of various enterprises due to occupational disease or injury;
- The resolution of the Ministry of Labor No. 73 contains data on the rules for conducting an investigation in a company;
- Federal Law No. 255 includes information on how social benefits are paid to employees;
- The order of the Ministry of Health and Social Development No. 160 lists the situations in which an injury received by an employee of an enterprise is considered severe;
- The provisions of the Administrative Code contain information on the conditions under which an employer is held accountable.
Based on the requirements of the legislation, each employee who has been injured must formally register for work-related injuries, as well as receive several types of compensation.
What payments do relatives receive when they die?
There are situations when workers die when they are injured or injured in the process of fulfilling their duties. Under such conditions, a certain monetary compensation is paid to his relatives, minor children and dependents. Its size depends on the minimum wage and the average earnings of the deceased worker.
Compensation related to the death of a loved one is paid within two months. Dependents and minor children can expect to receive payments before they reach the age of 18 or receive a different source of income.
Compensation for treatment costs
Funds are paid by the FSS branch or the direct employer. To do this, an employee must draw up a sick leave when an industrial injury occurs.
To receive money, a special medical examination is carried out. It is she who must confirm that a citizen really needs any kind of treatment, expensive procedures or medicines.
Insurance payments
They are paid monthly throughout the recovery period. Their size cannot be more than 65 thousand rubles.
Additionally, the leaders of manufacturing enterprises often independently apply to different insurance organizations to purchase insurance for all employees of their enterprise. Under such conditions, specialists can expect to receive a really significant amount.
Compensation for non-pecuniary damage
This amount of money is paid solely by the perpetrators of the incident. They can be represented by other employees of the company or representatives of the company’s administration who have not created safe and optimal conditions for working in the company.
Moral compensation is paid solely by court order. Judicial practice shows that most often citizens file claims against employers, but you can recover the required amount of funds even from third parties. Typically, injured people insist on receiving this compensation because they were not previously warned about working conditions.
One-time material payment
Such assistance may be provided for in a collective or individual employment contract. Typically, these documents indicate that if an employee is injured by work, he will receive a certain payment from the employer. It is paid only once, and should also be fixed in the internal acts of the enterprise.
If the amount of such assistance does not exceed four thousand rubles, then it acts as a gift, therefore, personal income tax is not paid from it. If a larger amount is paid, then it is taxable.
Lost Compensation
If a worker is registered as a sick person due to an industrial injury, then he can receive a benefit, the amount of which depends on the length of service and average earnings. At the same time, a citizen cannot continue to work and receive a full salary. Therefore, he can ask the employer to transfer compensation for lost wages.
This amount is given to the victim if the disability certificate is lower than the employee’s salary or monthly earnings. But for this it is important to have evidence of at least partial guilt on the part of the head of the company.
Sick pay due to work injury
In the workplace, the mutilation received must be properly executed. Otherwise, the employee will not be able to expect to receive standard payments on the certificate of incapacity for work. If there are relevant documents, the citizen should be fully compensated for lost earnings for the entire period of incapacity for work, for which his work experience is taken into account. The rules for calculating this payment include:
- it is the employer who must take care of the design;
- some payments are assigned by FSS employees;
- if a citizen after an industrial injury completely loses the opportunity to restore his ability to work, then a lump sum is transferred to him, moreover, it is about 100 thousand rubles;
- sick leave allowance is transferred for four months, and it is equal to 100% of the citizen’s earnings, and it does not matter who is responsible for such a situation in the company;
- payments are made on the day when all other employees of the enterprise receive a salary;
- to receive money from the FSS, the employee must write a written statement addressed to the head of the company, after which it is sent to the FSS with other documents;
- the statement of the investigation carried out, as well as the conclusion drawn up by the special commission, must be attached to the statement.
The decision on the payment of the employee is made within 10 days. If for various reasons the employee cannot contact the employer directly, since the company was liquidated or declared bankrupt, then he can directly contact the FSS specialists.
Worker's actions in case of industrial injury
The time when an unpleasant situation happened can be different. Often it occurs at night. Regardless of the occurrence of the incident and the factors accompanying it, each employee must know what actions they perform after being injured so that he can count on all the required payments. Therefore, the employee implements the following actions:
- the director is immediately notified of the situation, and if the employee himself cannot transmit information, the notification procedure is implemented by third parties, namely the employees of the enterprise or witnesses to the incident;
- an ambulance is called or the company’s transport is used to transport a citizen to a medical organization;
- if a minor injury is received, the specialist can go to the first-aid post independently;
- the director of the enterprise or the head of the department in which the employee is working must be called to the scene of the incident;
- the testimonies of witnesses are examined, which can confirm where and at what time the incident occurred;
- An employee or his relatives draw up a statement recognizing that an accident has occurred in the company.
Only with the competent performance of all actions on the part of the employee can all the necessary transfers be expected.
What should the victim do?
Initially, you need to see a doctor to determine what kind of work injury has occurred, as well as what payments a specialist can expect. If he is in a coma or in shock, then his close relatives are involved in processing the compensation. The following documents are transferred to the employer for assigning benefits:
- sick leave received from the attending physician;
- an application to establish the fact that a citizen was injured at the company by a citizen;
- copy of labor agreement;
- passport of the employee of the enterprise;
- a report drawn up by employees of a medical institution after an examination;
- extract from the patient's medical history;
- a certificate confirming the expenses of a citizen to pay for various drugs or medical services;
- certificate of assignment of a disability group to a citizen.
If the employer refuses to acknowledge the fact that an accident has occurred in the company, the employee may file a lawsuit in court.
What actions are carried out by the employer?
The payments assigned to the employee depend on the degree to which an industrial injury was received, as well as how competently it was issued. After receiving information about an accident, the director of the enterprise must perform the following actions:
- Initially, first aid is provided to an employee with the involvement of a medical worker who is a full-time employee of the enterprise;
- the fact that the citizen was injured at work is recorded;
- An ambulance is called or an employee is transported to a medical facility;
- a commission is formed to investigate the identified incident, and it should consist of at least three people who are employees of the company;
- after the investigation, the commission draws up a protocol that describes the circumstances of the incident, the reasons for its occurrence, and describes the injury received by the citizen;
- if the injury is mild, then the protocol is prepared within three days;
- if the damage is severe, then documentation is drawn up within 15 days;
- the employer prepares documents that are submitted to the FSS to receive the appropriate payment.
The employer depends on the correctness of the necessary actions by the employer to determine how quickly the employee will receive the required payments. If the director does not perform the necessary actions, then he can be prosecuted in court.
Conclusion
Occupational injuries can be different, and there are various reasons for their occurrence. A sick leave is compiled in case of an industrial injury, on the basis of which the employee receives the required payments from the Social Insurance Fund and the employer. He may request compensation from the head of the company for non-pecuniary damage or other money transfers, if necessary.
For the competent registration of such an incident, it is required that the injured employee and the director of the company perform certain mandatory actions.