It is said that an industrial injury is considered to be an injury that occurs to an employee at the workplace in working hours or during a regulated break.
Working time is considered to be the time specified in employment contract. The break should also be regulated. For example, the employment contract states that from 13:00 to 13:30 there is a lunch break. If an injury to an employee occurs during this period, it will be considered work-related.
If the injury occurs during a smoke break, about which nothing is said in the contract, then such an injury will be recognized as a domestic injury.
And if an employee is injured on the way to work, will it be considered work-related?
In the same article. 227 of the Labor Code of the Russian Federation states that if an employee traveled to work or on a business trip on the employer’s transport and received an injury or mutilation, then such an injury will be considered industrial and will be paid appropriately.
If an employee used his personal transport for a trip and was injured, then it will be considered work-related if the employment contract states that the employee uses his personal transport on official business. Otherwise, it is a domestic injury. Exactly the same procedure is established for recognizing an industrial injury on the way from work.
But not every injury sustained on the way to or from work will be considered work-related. Such injuries include:
Such injuries are subject to investigation within the framework of labor legislation and payment in the amount of 100%, regardless of the victim’s length of service with a given employer. In addition to sick leave, the employer will have to reimburse the employee for rehabilitation, as well as expenses for medications and medical care.
Such expenses are reimbursed in proportion to the damage caused to health, the percentage of which is determined during a medical and social examination. It is prescribed in the medical institution where the victim is subject to hospitalization. If the employee refuses hospitalization and his injury is considered minor, then the employer makes compensation payments at his own expense and not at the expense of the Social Insurance Fund.
Employees receiving various injuries while traveling to their workplace is by no means uncommon. However, here the employer will be faced with an important question about whether such an injury needs to be recognized as work-related or not. In order to make a truly intelligent decision, you need to know about some important conditions, in which the resulting harm will be considered industrial:
The last point, as a rule, carries with it many different questions and inconsistencies. As you know, employees, in order to get to their workplace on time, leave home a little earlier. That is, in fact, if they receive one or another injury during their journey, it will be considered that the damage was received during off-duty hours. However, the main nuance here will be precisely the final goal towards which the employee was heading. If he actually went to work, the injury may be considered work-related.
The above nuances can also be applied to the opposite situation, namely, when an employee received one or another injury on the way home from work. If all basic conditions are met, such an injury can also be considered work-related. The main thing is that the employer properly investigates what happened. Here the authorized person must take into account the deadlines established by law, for example:
Getting injured at work is often a serious negative event in the life of an employee. The fact is that the very fact of injury can become the main reason for temporary or even permanent loss of ability to work. individual. That is why the current legislation provided for some additional monetary compensation for such employees. The main ones include the following:
It should be noted that inside specific organization Various additional types of compensation can be established. The main thing is that all of them are recorded officially. For this purpose, the employer can create various industry tariff agreements, collective agreements and other provisions. The main thing is that these agreements do not violate the fundamental rights of subordinates and do not deprive them of mandatory payments that are provided for by law.
After an employee is injured on the way to work, the employer will be faced with the main question of correctly determining the nature of this injury. To do this, an authorized person must decide to create an official internal commission, which will further investigate what happened. Sometimes in practice situations arise in which an employee does not even turn to his employer to receive appropriate compensation. However, this state of affairs does not mean that the manager must now forget about his own obligations to conduct an investigation. You still need to do this to eliminate possible problems in the future.
Even if the investigation determines that the employee's injury was not work-related, the employer will still need to take some important steps. For example, it would be a good idea to obtain official information from medical institution where the employee was treated. This can be done by preliminary drawing up a written request addressed to the manager medical organization. In addition, the employer needs to take care of drawing up important documents, which include:
In modern practice, as a rule, serious problems rarely arise when an employee receives monetary compensation for a work injury. The fact is that the employer cash pays not from his own pocket, but at the expense of the Social Insurance Fund. However, if such a problem does arise, the optimal solution to protect the violated rights of a subordinate may be to contact an authority such as the Labor Inspectorate.
Since the financing of compensation, as mentioned above, is provided by the Social Insurance Fund, this means that the claim must be filed against this organization. In his application, the citizen must set out all the important nuances of the current situation, as well as present the corresponding demands for prompt receipt of monetary compensation. Additional documents must be attached to the application as various proofs. This may include: sick leave, various medical reports, a valid employment contract with the employer, as well as other papers. Such cases are considered by the judicial institution within one month from the date of the applicant’s application.
By the way, this applies to both the direction towards work and the path away from it. Work injury on the way to work may occur during a business trip, which is also subject to investigation. The Labor Code of the Russian Federation regulates a round-trip business trip as a way to work. In this situation, travel on both official transport and public transport is recognized. According to the Labor Code of the Russian Federation, corresponding injury on the way to work is regulated by Art. 227, and in particular paragraph 3. Conventionally, they can be divided into the following types:
It should be remembered that the change of partners must be carried out officially by making the appropriate marks in a special journal. In this case, the exact duration of the shift must be specified in the employee’s current employment contract, as well as in certain internal regulations of the company;
Work-related injuries can be divided into several main categories:
In order to establish the presence of a work injury, a citizen must first undergo all the necessary examinations. Without appropriate medical reports, an employee will not be able to qualify for the provided benefits and compensation.
Receiving physical injury while sending an employee to his workplace A huge number of citizens do not live near their place of work. That is why they regularly have to use one or even several types of public transport in order to get to the organization on time.
Important
Some people prefer to do this in their personal car, others use a company car. The latter option must first be specified in the employment contract or in a separate provision.
If an employee was hit by a car and broke her arm, then the manager will consider this situation as an accident, and it will be a domestic injury, not a work injury. But if an employee travels on official or personal transport or personal and breaks her arm, then the Labor Code of the Russian Federation states that such an injury is considered industrial.
The same can be said about road accidents on the way to work and on the way home. As mentioned above, the Labor Code of the Russian Federation provides for the recognition of damage as production damage in the case of certain conditions for using the car.
But if an accident occurs and an employee breaks her arm when she gets hit by a car while walking, then the situation will not be industrial.
These, in particular, include temporary disability benefits, which are paid for the entire period of temporary disability of the insured until his recovery or permanent loss of professional ability to work is established in the amount of 100% of his average earnings, calculated in accordance with Law No. 255-FZ (Article 9 Law N 125-FZ). Article 15 of Law N 125-FZ provides that the assignment and payment of temporary disability benefits to the insured in connection with an industrial accident or occupational disease are made in the manner established by the legislation of the Russian Federation for the appointment and payment of benefits for temporary disability under state social insurance. The procedure for calculating average earnings for calculating benefits for temporary disability is established in Art. 14 of Law No. 255-FZ, as well as in Regulation No. 375.
The same applies to an industrial injury on the way from work, and both incidents must be recorded and documented properly. The time frame for investigating industrial accidents is established by Art.
229.1
Attention
Labor Code of the Russian Federation:
Labor inspectorate employees may be involved to investigate the accident. Their responsibilities include identifying and identifying witnesses to the incident; persons who violated labor protection requirements; obtaining explanations from the injured employee and necessary information from his employer.
It should be noted that even in the event of a non-work injury, the employee’s sick leave must be paid in accordance with the established procedure. What to do if the employer does not pay the required compensation? After carrying out all necessary measures related to the investigation of the circumstances of the employee’s occupational injury, the manager must assign appropriate compensation payments.
Their size is set individually, depending on specific features what happened, as well as other additional nuances. All payments must be made officially, through the FSS branch. In the event that the manager delays in paying the due compensation, the citizen will have the legal right to appeal to authorized organizations: the Labor Inspectorate or directly to a judicial institution.
The investigation established that he was not to blame for the incident. After medical examination from Sergeev A.V. a concussion was diagnosed. He contacted his employer in order to receive appropriate compensation for the treatment he received. However, the director quite rightly refused him. Due to the fact that the car was not a company car and was not registered in the employee’s employment contract or in other company documents, the person responsible for the accident must bear responsibility for causing physical harm.
All material costs must be borne by the insurance company. What compensation can an employee who has suffered a work injury expect? An employee whose health has been injured at work will most likely need subsequent treatment.
Its scheme will depend on the degree of harm caused and the severity of the damage.
It should be noted that the responsibility to conduct an investigation will not be removed from the manager even if the employee himself does not insist on this action. If the employer does not take the initiative and tries to forget what happened, such actions may be regarded by the authorized body as a deliberate concealment of an industrial emergency. If during the investigation it turns out that the injury suffered by the employee is not work-related, the manager must still take care of drawing up the following important documents:
In the application, the employee must indicate the reasons why he believes that the injury is work-related. Investigation materials into cases related to production are sent to the authorities specified in Article 230 of the Labor Code of the Russian Federation.
Injury on the way to work not related to production If, as a result of the investigation, the commission determines that this case is not related to production, then a report is drawn up in a free form, and Report N-1 is not drawn up. Forms of documents for the investigation of such injuries are not provided for by Russian legislation, but can be determined by local documents of the employer himself.
In the absence of a statement from the injured employee, the employer, based on information received from the medical institution, can conduct its own investigation.
An accident to any employee can occur outside the work area. A broken arm or any other bruises or injuries can occur on the way to work. Under such circumstances, would such an injury be considered work-related? What kind of pay can a contingent employee expect? Read more about this.
To answer this question, you need to refer to Article 227 of the Labor Code of the Russian Federation. In accordance with its provisions, the law recognizes as an industrial injury received outside the place of formal work. The same applies to breaks, business trips, and performance of official assignments at other than workplaces established by the labor agreement.
As for the road to work, one important circumstance must be taken into account: the injury described must have been received while driving. This can be either personal transport that is used for business purposes, or a car that was previously provided by the employer himself. It turns out that an accident, or any other incident on the way to work, can be the cause of work-related injuries, which will then have to be fully compensated by the current employer. All other cases, including walking, are not taken into account.
If public transport or passenger transportation services are used for this, then even if serious injuries are sustained, the employer cannot be forced to compulsory compensation. If he wants to do this of his own free will, then there are no restrictions on this. But there can be no talk of duty here. The government refused to recognize such trauma for the reason that previously, before the introduction of appropriate amendments, a large number of abuses of this situation had been recorded. It was enough to be injured before or after work, and the employer would be faced with a claim for compensation.
It was impossible to refute the fact of injury, even if the employee was not actually going to work. Therefore, starting from 2015, it was decided to make some changes to this disposition. Now, such damage is considered recognized if it occurred only while traveling in a personal/official vehicle. Such injury will be considered industrial.
Some clarity needs to be brought here. Compensation is not due for every case, but only for those that are confirmed after a departmental investigation. In accordance with the specified article 227 of the Labor Code of the Russian Federation, production management must accept a statement from the injured employee and take the following actions:
Important: if an employee was walking to work and, for example, fell into an open sewer manhole, then such damage can be compensated at the independent will of the employer. To do this, it is enough to send an address application addressed to him. In most cases, serious injuries are still compensated, despite the absence of such an obligation on the part of the relevant legislation.
If commuting to work equates to fulfillment official duties, then all injuries and any damage received during the journey will be considered industrial. Therefore, after all the factual circumstances have been established, the employee must be provided with two types of compensation:
The limit value can be set by the parties independently or by the court.
Last modified: January 2020
We have to deal with such an interesting case as an industrial injury on the way to work, and determine the measures that will be applied in this situation. It is impossible to predict in advance all the dangers in life. Employees are injured on the job or outside of work. With regard to cases that occur at work, the law is clear in its interpretation of an injury as an industrial injury. But more often, accidents leading to disability occur outside of work and working hours.
The law establishes the employer's responsibility for the well-being of a person employed by the enterprise. The administration is obliged to ensure conditions for the safe performance by hired personnel of the duties assigned by the contract. Responsibility extends to compliance with safety regulations and to maintaining the health of the subordinate during the work period.
If the law is clear regarding cases that occurred during working hours on company premises, then when receiving injuries outside of work there are some nuances, since the circumstances can be interpreted differently.
According to labor legislation, an industrial injury can occur in the process of performing work duties during the hours specified by the contract as working hours. It is permissible to apply the same norm in relation to the employee’s route from his place of work to his home.
Fractures and any bodily injuries are not the entire list in which cases an injury is considered work-related. The following incidents are legally considered to be a work injury:
Any event that negatively affects an employee’s ability to work can be classified as an industrial incident. It is more important to identify the circumstances under which a person was injured.
Provisions of Art. 227 of the Labor Code of the Russian Federation explains the main subtleties of the application of the law in relation to industrial injuries, depending on the time of the incident and place. The Labor Code also regulates the payments that an injured employee can receive.
An injury on the way to work is considered work-related if the employee was injured in the following situations:
In order to correctly interpret cases, the enterprise must take care in advance about the proper registration of the period of work and shift changes if the activity involves shift work of personnel. These provisions are recorded in internal regulations and regulations enterprises taking into account the specifics of their work.
In order to treat an event as an occupational injury, clear conditions must be met regarding the place, time, and transport used. For example, driving your own car for personal purposes will not be considered an accident at work, nor will an injury in public transport. But if the employee was traveling on behalf of management and his personal vehicle was used as a work vehicle at the time of the incident, the incident is registered as industrial.
The issue is resolved in a similar way when traveling on foot. If the movements are caused by production needs or a separate order from management is issued, the injury is recognized as received at work.
If at the time of the accident the employee was traveling on public transport owned by the company in which he is employed, registration occurs as part of an industrial accident.Sometimes an enterprise’s regulations specifically include norms that provide for the release of an employee from performing labor functions in production, since his health is damaged outside the work process. It is difficult to prove the applicability of Art. 227 and in cases of injury during lunch at the wrong time.
With the situation of returning home or going from home to the place of work, the issue is resolved more easily if it is proven that the choice of method of travel was influenced by the manager and there are documents confirming the registration of personal transport as official transport or the presence of instructions from the administration.
The employer is not released from liability for damage received at work, regardless of whether the employee wrote a statement absolving the company of liability. The law considers the case in general procedure, regardless of the additional papers that the employer forced you to write. Responsibility is determined in accordance with the Labor Code in accordance with Articles 8-9 of the Labor Code of the Russian Federation.
The situation of registering an injury on the way to work for a business traveler requires special consideration. Features of receiving during a business trip include the need to identify the goals that the employee was pursuing at the time of the accident. It is important whether the person acted in the interests of the enterprise or went about his business. The conclusions drawn directly influence the further course of registration.
The list of mandatory actions of the employer includes the creation of a special commission to investigate the circumstances of the event during a business trip. It is the results summed up by the members of the commission that will allow the case to be classified as industrial or exclude such an interpretation.
The selection of the commission and the organization of its activities is carried out taking into account the provisions of Art. 229 Labor Code of the Russian Federation.
Sometimes the specifics of the work do not require an official business trip. For example, personal injury was sustained by a lawyer in whose job responsibilities includes signing contracts with local counterparties, acting on behalf of the employer. In such a situation, management initiates the creation of an investigation commission, including representatives of the counterparty in whose territory the event occurred.
Business trips to neighboring countries (for example, to Belarus, Armenia, Tajikistan, etc.) require recording of the event in the form of an act initiated by the party inviting the employee Russian company. The drawn up report records the fact of damage.
The same applies if an invited specialist from other neighboring countries is injured on the territory and during his stay on a business trip with the Russian side. The company draws up the same act indicating the circumstances of the event.
The presence of an attachment to a new temporary place of work from the receiving party entails not only the drawing up of an act, but also the acceptance of full responsibility to the injured employee. In the event of an injury, the receiving company:
Since an injury on the way to work results in disability, it is especially important for the employee to determine the amount of benefits that will be allocated as part of a work accident.
Management's area of responsibility includes processing compensation according to an open certificate of incapacity for work. The funds transferred to the victim are compensated from the insurance fund, which receives regular income from the organization. In other words, for an injury sustained on the way to work, the Social Insurance Fund will be calculated from the amount of accumulated employer contributions.
The law requires full coverage of sick leave for the entire period of forced disability.
Additionally, the employee has the right to count on one-time assistance provided upon completion of the documentation package. The amount to be paid is determined by a representative of the Social Insurance Fund, taking into account the degree of injury received.In addition to one-time compensation, the employee has the right to seek compensation through the court for material and moral damage associated with the injury.
When planning to resolve the issue of financing during a period of incapacity for work due to a work-related injury, a person must take into account that payments through the Social Insurance Fund are received only in cases of significant injuries and serious health problems. Minor injuries that do not affect the ability to work are not subject to compensation from the fund, and the company decides on financing at its own discretion.
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The Labor Code of the Russian Federation regulates injuries sustained in the workplace, but what should an employer do if a work-related injury occurred on the way to work? Every accident must be considered, regardless of the circumstances.
In particular, a work-related injury on the way home is subject to investigation, and if confirmed, payment is received from the employer.
It’s worth noting right away that the Labor Code of the Russian Federation defines a list of situations in which injuries received on the way to work are considered work-related; this is relevant even in the event of an accident. So, for example, damage on the way to work will be taken into account if the employee used official transport provided by the employer. By the way, this applies to both the direction towards work and the path away from it.
A work-related injury on the way to work may occur during a business trip, which is also subject to investigation. The Labor Code of the Russian Federation regulates a round-trip business trip as a way to work. In this situation, travel on both official transport and public transport is recognized.
According to the Labor Code of the Russian Federation, corresponding injury on the way to work is regulated by Art. 227, and in particular paragraph 3.
Conventionally, they can be divided into the following types:
It is worth considering a situation where an employee, for example, broke her arm on the way to the work area. If an employee was hit by a car and broke her arm, then the manager will consider this situation as an accident, and it will be a domestic injury, not a work injury. But if an employee travels on official or personal transport or personal and breaks her arm, then the Labor Code of the Russian Federation states that such an injury is considered industrial.
The same can be said about road accidents on the way to work and on the way home. As mentioned above, the Labor Code of the Russian Federation provides for the recognition of damage as production damage in the case of certain conditions for using the car. But if an accident occurs and an employee breaks her arm when she gets hit by a car while walking, then the situation will not be industrial.
The Labor Code of the Russian Federation, and in particular Article 227, guarantees that every case of injury is subject to investigation, and if it is confirmed, the employer reimburses the costs - payment for medicines.
A work-related injury on the way to work is not only subject to investigation, but is also considered fully payable:
Of course, the degree of injury, even if it is an accident, is subject to mandatory investigation by a medical and social examination. By the way, in some situations, payment is made exclusively at the expense of the enterprise, without compensation from the Social Insurance Fund.
The Labor Code of the Russian Federation guarantees that the corresponding injury to the direction towards work and back is considered valid if it falls under Article 227. When considering the case, the path, place and time of injury must be taken into account. The fact is that if the scene of the incident was the territory of the enterprise, then the treatment will necessarily be paid for. But if an employee breaks her arm on the way home (or after entering the house), then such an incident is not always taken into account and is subject to investigation.
As for another type of movement, if a person was on his way to a business trip, then even an accident in public transport is considered a work-related injury.
None of the employees is insured against accidents, but as stated in the Labor Code of the Russian Federation, every victim has the right to demand compensation for injuries received. If a certain question arises, then legislation, and in particular the Labor Code of the Russian Federation, guarantees consideration of all arising situations.
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