In different organizations, workers are forced to face certain dangerous or harmful conditions that may become the basis for personal injury. It must be properly executed so that the specialist can count on appropriate payments and quality treatment. It is important to prove that specific health problems appeared precisely as a result of work in the company. In case of an industrial injury, payments depend on the specialist’s earnings and the cost of treatment.
Causes of Injury
In the process of work in almost any company, situations may arise in which the health of employees is harmed. The most common causes of such injuries are:
- the employee in the process of implementation of labor duties does not take into account labor protection rules;
- low control over the workflow by management;
- negligence of employees;
- violation of the rules for the use of various equipment and devices;
- lack of qualifications of employees involved in specific activities;
- the enterprise does not follow the requirements of SES.
Most often, workers are injured through the fault of the employer. Although there are frequent cases when it is the specialist himself who is to blame for the situation, for example, he neglects work or even comes to the company while intoxicated.
For occupational injuries, payments are always assigned, which depend on the severity of the damage inflicted, the earnings of the specialist, and other factors.
Types of injuries
Industrial injuries can be of various types. They are classified by the severity of the damage received by the employee of the organization. Therefore, injuries are mild, moderate or severe.
In severe occupational injuries, payments are of the highest size, since it really causes serious damage to the health of the employee. This includes the following situations:
- painful shock;
- open fractures of the arms or legs;
- penetrating wounds due to the use of various specific equipment;
- spinal injuries;
- receiving psychological trauma;
- large amount of blood loss.
With light work-related injuries, payments are small, as the following damage usually occurs:
- standard fracture of an arm or leg;
- brain contusion;
- dislocations or sprains.
In addition, injuries depend on the method of their receipt, so they can be mechanical or electrical, chemical or temperature.
Legislative regulation
The rules for registration and appointment for industrial injury payments are regulated by different regulations:
- Art. 184 of the Labor Code guarantees that in the event of an accident at an enterprise, an employee can expect to receive monetary compensation;
- Federal Law No. 125 obliges all employers to insure employees ;
- Art. 1101 of the Civil Code provides an opportunity for an employee to receive compensation for non-pecuniary damage if there is evidence that the accident occurred through the fault of the employer;
- The constitution guarantees every person the creation of a safe environment for the implementation of labor.
It is these regulations that should be guided by both company executives and employees.
Rules of investigation
After an accident occurs at the enterprise, an investigation is mandatory. The main purpose of this process is to determine the reason why the event occurred. The circumstances of injury by an employee of the enterprise are identified. Only after that are payments due to work-related injuries assigned.
Investigation is a mandatory process, regardless of the nature of the accident. Therefore, the process is implemented when causing physical damage, getting a burn or causing damage in another way.
Signs of an industrial injury
In case of work-related injury, insurance benefits are awarded solely on the condition that the damage has been received taking into account the following symptoms:
- an accident occurs at the workplace;
- the event occurs during business hours;
- Includes cases when the injury is caused during overtime work or during lunch break;
- the injury was received while driving to or from work;
- accident occurs during a business trip;
- injuries occur when working on a rotational basis.
The above list is not exhaustive, since it includes only the most popular circumstances.
What are the guarantees for the employee?
In case of an industrial injury, payments and compensations are assigned , as well as special guarantees to the victim. These include:
- fully paid by the employer sick leave;
- if a citizen is insured, then both lump-sum insurance payments and monthly ones are assigned to him;
- his treatment is paid, and expenses associated with the rehabilitation, purchase and installation of prostheses, as well as other important actions necessary to restore health are compensated;
- payment of travel to the place where treatment or rehabilitation will take place if it is required to carry out this process in another city or country;
- transfer of compensation for non-pecuniary damage if the employer is the culprit of the accident at the company, and the payment is most often assigned if the citizen's appearance has suffered after the event or the body's functions have been impaired.
Often such incidents lead to the death of an employee. In this case, for work-related injury, payments and compensation are assigned to the family members of the deceased citizen. If the employee of the enterprise had dependents, then they receive monthly payments until they receive disability. For example, payments will no longer be transferred after the child of a deceased employee is 18 years old.
Calculation Rules
Every worker working in difficult and dangerous conditions, is interested in what payments are due for work-related injuries. Compensations can be different, as they depend on various factors.
In 2018, the state established the maximum amount of payment after an industrial injury, which is 97778 rubles. During the calculation, the local coefficients of each region, which are set by the local city authorities, are taken into account.
To determine what payments are due for an industrial injury, an understandable algorithm of actions is used:
- Initially, the average employee’s earnings for the two years preceding the event is determined, for which all income for this period is divided by 730, which allows you to get daily earnings;
- the resulting indicator is multiplied by the number of days when the employee will be on sick leave;
- is not taken into account when calculating seniority, since if there is no victim's fault, then 100% of the correctly calculated amount is paid to him;
- the total amount may be reduced if it exceeds the limit established by law.
When transferring such a benefit, personal income tax is withheld. Money is paid on the day the salary or advance is paid. If an employee dies as a result of an accident, then his relatives may receive compensation in the amount of 1 million rubles.
What should an employee do?
In order to receive lump sum payments after an industrial injury, an employee of the enterprise must perform certain actions immediately after an accident. For this, the requirements are taken into account:
- Initially, enterprise management is notified of the situation;
- the necessary documentation is prepared to receive payments, and this includes an application for compensation, payment documents confirming expenses for the purchase of medicines and treatment, sick leave and rehabilitation plan;
- The employer issues the employee an application form to the Social Insurance Fund.
An employee of the company can write an application for one-time or monthly payments.
What does the employer do?
It is important not only to assign a mild degree of payment to an employee after an industrial injury, but also to correctly execute such an accident at the company. Therefore, after receiving information about the event, the actions of the company’s management are:
- after an accident, a commission is formed, the members of which find out all the circumstances in which the employee was injured;
- such a commission should have at least three people, since it includes a representative of the company’s management, a trade union representative and a specialist responsible for labor protection at the enterprise;
- the commission expands if more than four people are injured, as it is necessary to involve a representative of the labor inspectorate and the All-Russian representative office of trade unions;
- the victim may require inclusion in the commission, which will prevent falsification;
- an event notification and an act are formed;
- the act is drawn up only in Russian, and this also includes data on the circumstances of the accident, the reasons for the damage to the employee, F. I. O. and the position of the culprit, witness statements and the degree of guilt of the victim;
- all members of the commission sign in the act, after which the documentation is sent to the director of the company, who approves it with his signature and seal of the organization;
- a special report is drawn up on the basis of the requirements of Art. 228.1 of the Labor Code in the FSS, since this organization must be notified of accidents in the company.
All these steps must be performed in the correct sequence. Deviation from the requirements of the law leads to liability of the company.
What to do if there are dead?
Often as a result of an accident there are fatalities or an industrial injury is received by several workers at once. In this case, the head of the enterprise must notify various state organizations about such an event:
- labor inspection;
- the prosecutor's office;
- FSS;
- local administration of the region;
- trade union organization of a specific region.
For notification, a special report is generated in form No. 73. If an event occurs on the ship, the captain must promptly inform the consulate of the country about the incident. In addition, it is required to send a report to Rospotrebnadzor if the injury was received as a result of poisoning.
The procedure for payment of funds
For occupational injuries, monthly payments and lump sums are assigned if the employee is insured. Many payments are paid at the expense of the FSS if the company pays injuries to this organization. The rules for receiving funds include:
- if the amount received is not enough for treatment or rehabilitation, the company employee can file a lawsuit against the employer in order to receive the necessary amount of funds;
- on a voluntary basis, each company may assign additional payments to the employee;
- in addition, the company can compensate the employee’s salary in full for the entire period of treatment at his own expense;
- the sick leave is paid from the first day of receipt of a work injury, so the employer cannot wait for the end of the treatment period for the correct calculation, as is done when assigning temporary disability benefits;
- if payments are not credited from the first day of the incident, the employer violates the Labor Code, therefore, he may be held liable for this violation;
- The FSS makes a decision on the assignment of payments within 10 days from the receipt of the report from the management of the company.
If compensation is required for the purchase of medicines, then it is paid at the expense of the company, but the employee must keep all receipts and other payment documents confirming the costs. Therefore, this payment is assigned after the final treatment.
Sick pay rules
After an industrial injury, the amount of payment is determined based on the average earnings of the employee in the company. At the same time, 100% of his salary for the last two years of work without taking into account his seniority is taken.
The accountant must indicate the correct entries in the accounting documents. The company may assign additional payments to the employee on a voluntary basis. Their size is determined by the severity of the injuries received and the earnings of the specialist.
Responsibility for concealment of injury
The injury received by the employee during the course of employment is an insured event, therefore the employer must pay compensation based on the requirements of the Federal Law No. 125. If the head of the company tries to hide the incident in order to save money, he will be held liable on the basis of the provisions of Art. 15.34 Code of Administrative Offenses.
For such actions, the company pays a fine of 5 to 10 thousand rubles, and a fine of 500 rubles is charged from officials. up to 1 thousand rubles If the employer is an individual entrepreneur, then for him the amount of the penalty varies from 300 to 500 rubles.
Conclusion
Workplace injuries are a serious event for every company and employee. They can be obtained as a result of various reasons, but it is important that the event occurs during working hours. The employer must correctly calculate and pay the employee the required compensation and payments, and most of them are covered by the FSS if the company transfers the insurance payments for injuries.
A sick leave due to such an injury is paid on the basis of 100% employee earnings, not taking into account his experience. Concealment of work-related injuries is a violation of the law for which the company management is held accountable.