Procedure in case of an accident at work

During work, sometimes unpleasant incidents occur with consequences of varying severity, as a result of which people suffer. What should the employer do to ensure that this does not happen again in the future, and that this particular incident does not threaten him with serious losses and complications in his work? What can an injured worker expect? The answers are in Chapter 36 of the Labor Code of the Russian Federation, Government Decree No. 653 of August 31, 2002, and in this article.

Question: How to determine the degree of guilt of an employee in the event of an accident at work? View answer

Introduction

According to statistics (according to the Ministry of Social Policy and Labor of the Udmurt Republic) in the municipal district Izhevsk" for the first half of 2021. 152 people received various injuries at work (17 of them were serious, 2 were fatal).

In accordance with the Labor Code of the Russian Federation, the employer is responsible for investigating an accident at work. The definition of “Employer” should be understood as the legal representative of the organization, for example the Director of the company, and in entrepreneurial activities without the formation of a legal entity - the Individual Entrepreneur personally. This measure of responsibility is intended to discipline those responsible for compliance with labor protection requirements at work.

Concealing an accident, failure to provide information about the accident that occurred within the established time frame, as well as other violations of the procedure for investigating an accident, entail administrative liability in accordance with Part 1 of Art. 5.27.1 of the Code of the Russian Federation on Administrative Offences, and in case of severe industrial injuries or death of the victim, taking into account the fault of the employer - criminal liability under Article 143 of the Criminal Code of the Russian Federation.

Payments from the Social Insurance Fund for work-related injuries

Payments for sick leave received in connection with a work injury should always be calculated based on 100% of average earnings . In this case, the length of service of the injured employee does not matter. However, payment for such sick leave per month cannot be more than 4 times the maximum amount of the special monthly payment, which we will discuss below (Article 9 of Law No. 125-FZ of July 24, 1998).

From 2021, all sick leave payments are made the Social Insurance Fund.

If an employee, as a result of an industrial injury, has completely or partially lost his ability to work, then he has the right to a one-time compensation from the Social Insurance Fund, and in the future - to special monthly payments until full restoration of his ability to work (Articles 10 - 12 of Law No. 125-FZ). In the event of the death of an employee due to a work injury, his close relatives will receive payments.

The size of the lump sum payment should be calculated on the basis of the established maximum amount and the percentage of loss of ability to work, which is determined by the medical and social examination institution (MSE).

The monthly insurance payment must be calculated based on the average monthly earnings for the last 12 months and also the percentage of disability.

If the commission has determined that the cause of the accident was the gross negligence of the employee himself, then the amount of the monthly payment may be reduced in proportion to the degree of guilt of the victim, but not more than 25%. In the event of the death of an employee, relatives will in any case receive the full amount of payment (Article 14 of Law 125-FZ).

Taking into account the latest indexation (Resolution of the Government of the Russian Federation dated January 28, 21 No. 73), the maximum payment amounts from February 1, 2021 are:

1. One-time – 108,600.52 rubles.
2. Monthly - 83,502.90 rubles.

Therefore, from February 2021, the maximum monthly payment for sick leave related to work-related injuries is 334,011.6 rubles (83,502.9 x 4).

All these figures need to be multiplied by regional coefficients , if they operate in the region.

Procedure in the event of an accident at work

In case of an industrial injury, the employer (legal representative of the organization or individual entrepreneur) is obliged to:

1. immediately organize first aid for the victim and, if necessary, transport him to a medical organization;
2. take urgent measures to prevent the development of an emergency or other emergency situation and the impact of traumatic factors on other persons;
3. to preserve the situation as it was at the time of the incident before the start of the investigation, if this does not threaten the life and health of other persons and does not lead to a catastrophe, accident or other emergency circumstances, and if it is impossible to preserve it, record the current situation (draw up diagrams, take photographs or video filming, other events);
4. immediately inform the competent authorities and organizations about the accident, and about a serious accident or death - also the relatives of the victim;
5. take other necessary measures to organize and ensure a proper and timely investigation of the accident and registration of investigation materials.

Evgeniy Baidalin

Labor protection lawyer. Work experience more than 10 years

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The procedure for investigating a minor accident and a severe (or death) accident differs significantly.

Consequences of concealing an emergency

Injury to employees at work is an insured event for which the current provisions of the law (No. 125 Federal Law) provide for compensation. Consequently, the employer will also be responsible for concealing the occurrence of an event covered by insurance.

Such an article is contained in the Code of Administrative Offenses of the Russian Federation, where for such an offense, if the company concealed a case of injury at work, a separate punishment is established (Article 15.34 of the Code):

• citizens face a fine of 300-500 rubles,
• responsible employees - 500-1000 rubles,
• organizations – 5000-10000 rub.

Watch the video. Why you need to file a work injury:

Investigation of industrial accidents

Time frame for investigation

In the event of an accident at work, the employer is obliged to send a notice to the competent authorities within 24 hours in the prescribed form.

The investigation of an accident (including a group one), as a result of which one or more victims received minor injuries, is carried out by the commission within 3 days. If the victim(s) suffered severe or fatal injuries, an investigation is carried out within 15 days.

An unfortunate incident that was not reported to the employer in a timely manner is investigated upon the application of the victim or his authorized representative within 1 month from the date of receipt of the said application.

Commission of inquiry

To investigate the accident, the employer immediately forms a commission consisting of at least 3 people. The commission includes a labor protection specialist or a person appointed responsible for organizing labor protection work by order (instruction) of the employer, representatives of the employer, representatives of the organization's trade union or other representative body of workers, and a labor protection commissioner. The commission is headed by the employer or the state labor inspector of the Udmurt Republic (depending on the degree of the work-related injury).

• The composition of the commission is approved by order of the employer. Persons who are directly responsible for ensuring compliance with labor safety requirements at the site (facility) where the accident occurred are not included in the commission.
• Each victim, as well as his legal representative or other authorized representative, has the right to personal participation in the investigation of the accident that occurred with the victim.
• The organized commission (its members) inspect the scene of the incident, conduct a survey of eyewitnesses of the incident and persons who committed violations of labor protection requirements, based on the results of which they draw up survey protocols.

You need to know that an accident that occurs with an employee sent to perform work for another employer and participating in his production activities is investigated by a commission formed by the employer for whom it occurred. The commission includes a representative of the employer who referred the person. Failure to arrive or untimely arrival of the specified representative is not a valid reason for changing the timing of the investigation.

Evgeniy Baidalin

Labor protection lawyer. Work experience more than 10 years

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In accordance with Article 229.2 of the Labor Code of the Russian Federation, the employer is responsible for all costs associated with the collection of evidence and necessary materials, transport and provision of special clothing, personal protective equipment and premises for the commission.

Result of the investigation

As a result of the investigation, the commission identifies the causes and circumstances of the accident; if the circumstances require obtaining a medical report on the nature and extent of health injuries received as a result of an industrial accident and their severity, then it requests from the medical organization where the injured worker initially sought medical help, such a conclusion. This information is used to determine the degree of guilt of the victim if the incident occurred due to his negligence.

For each accident, qualified by the results of the investigation as an industrial accident and entailing the need to transfer the victim in accordance with a medical certificate issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation, to another job, loss of his ability to work for a period of at least one day or the death of the victim, an industrial accident report is drawn up in the prescribed form in two copies of equal legal force.

The Form N-1 report on an industrial accident must detail the circumstances and reasons for its occurrence, and also indicate the persons who committed violations of labor protection requirements. When establishing the fact of gross negligence of the insured, which contributed to the occurrence of harm or increase in harm caused to his health, the act indicates the degree of guilt of the insured in percentage, established based on the results of the investigation of the industrial accident. After completion of the investigation, the report on the industrial accident is signed by all persons who conducted the investigation, approved by the employer and certified by the seal of the organization.

The employer, within three days after completion of the investigation of the industrial accident, is obliged to issue 1 copy of the industrial accident report approved by him to the victim (his legal representative or other authorized person), and in the event of a fatal industrial accident - to persons dependent on the deceased, or to persons who were closely related or related to him (their legal representative or other authorized person), at their request. The second copy of this act, together with the investigation materials, is stored for 45 years by the employer, who, by decision of the commission, records this industrial accident. In case of insured events, the employer sends the third copy of the report on the industrial accident and copies of the investigation materials to the Social Insurance Fund in the Udmurt Republic (at the place of registration of the employer as an insurer) within three days after completion of the investigation of the industrial accident.

What is a work injury

The Labor Code of the Russian Federation uses the term “accident during the performance of labor duties.” It could be:

• bodily injury;
• heatstroke;
• electric shock, radiation;
• poisoning;
• burn;
• frostbite;
• drowning;
• bites and other injuries caused by animals and insects;
• death of the victim.

Further in the text we will use the terms “industrial injury” or “accident” as equivalent, meaning such accidents that are subject to investigation in the manner established by labor legislation.

In accordance with Art. 227 of the Labor Code of the Russian Federation, industrial injuries should include those received:

1. Directly at the workplace.
2. During a trip to the place of work by official or personal transport. But in the latter case, the use of personal transport must be reflected in the employment contract, or associated with the execution of the employer’s orders.
3. During the trip to and from the business trip.
4. During business trips.
5. During regulated breaks, if the employee carried out instructions from the employer. For example, an employee went to the store at lunch to buy stationery for a meeting.

Occupational injuries include accidents that occurred with:

- employees of the organization;

— members of production cooperatives and peasant farms;

— interns and interns;

- persons recruited to work in accordance with the procedure established by law.

Today, many workers perform their job responsibilities remotely. The responsibilities of employers regarding labor protection of remote workers have been significantly reduced. However, the employer is obliged to investigate and take into account accidents for all employees (Article 312.7 of the Labor Code of the Russian Federation)

We will tell you in detail about the investigation of work-related injuries, including for remote employees, below.

If an employee received a minor injury, for example, cut a finger, but after visiting the emergency room returned to the workplace without a certificate of incapacity for work, then this is a so-called microtrauma. Such cases are not subject to investigation and recording.

If the employee was given sick leave with the cause of disability code “04”, then this is already an industrial accident that needs to be investigated.

Sometimes employers try to negotiate with the employee so that he tells the medical institution that he was injured outside the workplace. Such actions are illegal and can lead to problems for both parties to the employment contract.

For concealing a work-related injury, an administrative fine may be applied to the employer. We will tell you more about sanctions related to industrial accidents below.

The employee will suffer financially when paying sick leave if his work experience is less than 8 years. The fact is that in the event of an industrial injury, temporary disability benefits are always 100% of average earnings and do not depend on length of service.

Responsibility for violation of labor protection requirements

Concealing an accident, failure to provide information about the accident within the established time frame, as well as other violations of the procedure for its investigation, entail administrative liability in accordance with Part 1 of Art. 5.27.1 of the Code of the Russian Federation on Administrative Offences, namely: a warning or the imposition of an administrative fine on officials in the amount of 2 thousand to 5 thousand rubles; for persons carrying out entrepreneurial activities without forming a legal entity - from 2 thousand to 5 thousand rubles; for legal entities – from 50,000 thousand to 80,000 thousand rubles.

In addition, in accordance with Article 143 of the Criminal Code of the Russian Federation, a violation of labor protection requirements committed by a person who is entrusted with the obligation to comply with them, if this entailed, by negligence, causing

a) serious harm to human health

Punishable by a fine in the amount of up to 400,000 thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to eighteen months, or by compulsory labor for a period of 180 to 240 hours, or by corrective labor for a term of up to 2 years, or by forced labor for a term of up to 1 year, or imprisonment for the same period with or without deprivation of the right to hold certain positions or engage in certain activities for a period of up to 1 year;

b) death of a person

Punishable by forced labor for a term of up to 4 years or imprisonment for the same term with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to 3 years;

c) death of 2 or more persons

Punishable by forced labor for a term of up to 5 years or imprisonment for the same term with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to 3 years.