Work injury payment. Is an employer obligated to pay compensation to an employee injured at work? Mandatory actions of the employer

If an employee of the enterprise receives an industrial injury, he can count on the payment of monetary compensation.

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But what exactly are the funds he is entitled to, in what amounts and in what cases? And did the rules that were in force earlier remain relevant in 2019?

In some enterprises, there is always a risk of injury, while in others, an accident is an exception, an accident that stresses everyone.

The basic rules for the appointment of such payments, terms and amounts are specified in the regulatory documentation.

But not every one of them knows, remembers, or wants to comply. Let's figure out when a person will receive a lump sum, and find out what perpetual payments mean.

Required Information

To begin with, let's find out whether all the injuries received within the walls (on the territory) of the company can be attributed to industrial ones. What nuances should be taken into account when investigating an incident?

What it is?

An occupational injury is an injury sustained by an employee at the enterprise. But a prerequisite is that the injury must be received as a result of exposure to hazardous production factors.

The consequences of such an injury may be:

• the need to transfer an employee to another job;
• temporary or permanent loss (disability) of working capacity;
• death of a person.

An injury received when a person gets to the place of work, as well as while being in.

If an individual is injured during a lunch break, then it is worth providing certain evidence in order for it to be recognized as industrial.

To do this, it is checked which hours in the company are allocated for a break according to the charter, what the employee was doing at that time, where he was.

If a wound or injury is received by a citizen on the territory of the organization during non-working hours, it will be considered production if the employee fulfilled obligations in accordance with.

Accidents that occurred through the fault of an employee of the company are not considered industrial.

• an employee who fulfills his obligations under an employment contract;
• a person who entered into a civil law contract with the employer (there must be insurance);
• person that works on;
• students to practice in the organization;
• an individual who performs work on a voluntary basis.

Documenting

The employer must draw up the documents established by law and take certain measures in the event of an accident.

After all, such situations affect the increase in tariffs for insurance premiums for mandatory accidents and occupational diseases.

Compensation for work-related injury is paid if certain conditions are met.

The order of action of the leadership of the organization will be as follows:

The company must notify the relatives of the victim about the incident. Forms of documents to be drawn up:

Normative base

The definition of work injury is considered in Art. 3 of the regulatory act of the Russian Federation dated July 24, 1998 No. 125-FZ.

The procedure for the management of the company in case of accidents is considered in Art. 228 - 231 of the Labor Code of the Russian Federation.

The documentation that is compiled after the audit is approved, approved by officials on April 15, 2005 No. 275.

List of payments and compensations for industrial injuries

There are several types of payments that are paid to the injured person. Let's consider them in more detail.

For temporary disability

If an insured event occurs, an insurance payment will be assigned, which is made for the funds paid for insurance against accidents and occupational diseases.

Such amounts are paid by the employer, and they are counted towards the transfer of insurance premiums.

According to Art. 9 adopted by the legislators of Russia, the allowance is transferred for the entire time the employee is on sick leave until he recovers and restores his ability to work.

The amount of the payment is 100 percent of the average person's salary. When calculating the average, annual earnings will be taken into account. The amount of the compensation payment is not affected by the length of service of the employee.

The basis for making accruals is a certificate of incapacity for work. If a person was under the influence of alcohol or drugs at the time of the work injury, the amount of the benefit can be significantly reduced.

Insurance payments

Compensation that is paid to the victim is not subject to taxation by insurance premiums. This is mentioned in.

Employees of companies who have received an industrial injury can count on compensation of the following types:

• lump sum;
• monthly.

Additional costs may also be paid when a citizen undergoes rehabilitation.

One-time

The lump-sum payment is established according to the degree of disability of a person, based on the limit, which is established by legislative acts in the FSS of the Russian Federation.

The result of a medical and sanitary examination is taken into account, the rules for which are established.

How much is a one-time payment for a work injury? A one-time payment in 2019 is paid in the amount of 80,534.8 rubles.

Monthly

Monthly compensation is paid continuously until the ability to work is restored.

The amount of the monthly benefit in connection with an injury in the conditions of production is determined taking into account the average monthly salary of the employee, that is, it is equal to it.

If a person is unable to restore his ability to work, then compensation will be paid to him throughout his life.

The maximum transfers are established by federal legislation on the budget of the Fund (clause 12, article 12 of Law No. 125-FZ). The monthly allowance is indexed every year. The amount of such compensation in 2019 is 61,920 rubles.

Payment of additional expenses

The additional costs that were incurred for the medical, social, professional rehabilitation of the injured employee include:

1. providing medical care after receiving an industrial injury;
2. purchase of medicines;
3. purchase of special means for the care of the victim;
4. provision of equipment and necessary transport.

The rules for paying such expenses are spelled out in. All costs are paid by the insurer.

An exceptional situation is the payment of additional holidays, travel to and from a medical facility, the cost of treatment in case of a serious injury.

Such payments must be made by the company, which will then be able to recover all the amounts spent from the Fund.

Compensation for moral damage

There are situations when the victims can apply to the court to receive compensation payments for the moral damage caused, if there is not only physical, but also moral suffering.

Often such a document is drawn up if the management of the enterprise does not want to fulfill its obligations to pay compensation. The amount of payments is determined by the court.

Mandatory conditions for accrual

The rights to receive compensation for work-related injuries arise if the relationship between the employee and the employer is based on an employment contract.

Additional benefits are also paid to those persons who are part-time workers and perform not only their main job, but also other assignments of the management.

The calculation of the payment in this case will be carried out on the basis of earnings in all places. As mentioned above, compensation is charged only if the injury is determined to be work-related.

And this fact is established by the commission. It will not be possible to receive compensation if documents are not submitted that confirm the presence of an injury, injury, illness.

Required package of documents

To receive payments, you need to prepare a number of certificates:

1. , which is submitted by the victim himself or by a person who represents his interests.
2. , which will be issued by the commission after an investigation based on .
3. The conclusion of the medical examination.
4. Employment book (its copy), employment contract.

To confirm the cost of treatment, it is worth keeping all receipts,.

What are the deadlines for payment?

The application of the injured employee is considered within 10 days by a representative of the Social Insurance Fund.

Upon the expiration of such a period, a decision will be made - to satisfy the requirements of the applicant or to refuse it.

When a decision is made, the terms of the transfer are approved. A one-time payment is made immediately after the decision is made by an employee of the authorized body.

In the event of a fatal accident, compensation will be issued to the relatives of the deceased worker. All other transfers from the FSS are made within 30 days after the decision is made.

Size definitions (calculation example)

The amount of compensation will depend on the severity of the injury. It also takes into account how much is spent on treatment and rehabilitation.

The payout is determined as follows:
Consider the features of the taxation of compensation. Such amounts are not subject to taxation on the income of an individual, as stated in paragraph 3 of Art. 217 of the Tax Code of Russia.

Neither the amount for the employee provided for treatment, nor the amount paid for treatment is taxed.

The length of service of the employee does not affect the amount of temporary disability benefits. It is 100% of the average salary.

The calculation rules are spelled out in (in part 1, article 14). Consider an example of calculating the payout using an example.

Ivanov VV, an employee of the company, was injured in the production of the enterprise, because of which he did not work from 24.03 to 28.03.2008.

The average salary per day is 2123 rubles. According to the sick leave, Ivanov was paid the amount of 10,615 (2123 / 5 days).

If the injury had not been received at work, the calculation would be different. For example, Ivanov has 6 years of work experience, which means that he has the right to receive only 80% of earnings.

The maximum allowance in 2008 was 17,250 rubles. The payout would be:
But there is a limit more than which a person cannot receive (the amount that Ivanov will receive):
Let's consider one more example. Stepanov S.A., while fulfilling his obligations under an employment contract, received an injury recognized as a work injury.

He was on sick leave from February 4 to February 8, 2008. after this time, he was sent to the regional Social Insurance Fund for sanatorium treatment, which lasted 12 days (until 20.02.2008).

Video: having taken vacation in advance, the employee quits - how to keep overpaid vacation pay

For this period, the employee received annual paid leave (in excess of the norm). The court also decided to pay compensation for non-pecuniary damage in the amount of 5,000 rubles.

In 2007, Stepanov took a vacation, which lasted from 1.10 to 28.10. His salary is 20k and hasn't changed in the last 12 months.

The billing period is the last 12 months, and this is the period from 1.02.2007 to 31.01.2008. It is worth excluding vacation days and the amount that is accrued during your stay in it.

Stepanov worked from October 29 to October 31, 2007, and during these days he received:
Earnings in the billing period:

In the period itself, which is taken for calculation, there are 337 days (365 - 28). Amount of allowance per day:

For all the time when there was a disability, the person will receive:

Frequently asked Questions

There are some features, knowing which, you can solve a number of issues regarding payments after receiving an industrial injury. Let's consider the main ones.

With a minor work injury

Upon receipt of a mild industrial injury, the commission draws up an act within 3 days (if severe - within 15). If the representatives of the commission did not invest in the deadlines, then the check can be extended by 15 days.

We make a reservation that the degree of severity should be determined in accordance with the requirements.

A minor injury is considered a concussion, simple fractures, stretching of muscle tissue, etc.

Where to complain about a small payment

The case of recourse payments for industrial injuries can be considered in a court of general jurisdiction (Russia).

The district court considers the issue of payment of material damage. The injured person can send a statement of claim to the regional branch of the judicial authority at the place of registration of the company or the FSS (the person responsible for the payment).

It is also possible to file a claim at your place of residence or at the place where the injury was received (,).

This rule protects the interests of those persons who have lost the ability to move. Affected citizens do not have to pay state duty ().

work injury- this is a consequence of an accident at work in the form of a deterioration in the health of an employee or his death.

Damage qualified in this way can be received during the performance of official duties, a business trip, as well as a break, overtime, or on the way to or from work.

What happened for both parties - the victim and the company - the situation is very unpleasant and troublesome.

Types of injuries at work

In case of injury, it is necessary to draw up a number of documents, visit more than one institution. We invite you to familiarize yourself with our algorithm which will help you navigate this difficult topic.

Trauma is classified according to the following criteria:

1. The number of victims - one or a group of people.
2. Severity - mild, severe, fatal. It is determined by the medical institution to which the victim applied for help.
3. The nature of the incidents that have occurred is chemical, thermal, electrical, mechanical. These types include various burns, electric shocks, damage to the skin, eyes, bruises, fractures, dislocations.

During the investigation of an accident, several causes of their occurrence are distinguished:

Who can get hurt?

Unfortunately, no one is immune from troubles in the labor field. Employees are more likely to be injured during the working day.

According to the statistics of the FSS of the Russian Federation, most of the injuries people get on machine tools: crippled upper limbs.

Moving on business matters in vehicles often leads to damage to the spine, fractures. The most dangerous areas are: industrial alpinism and construction.

If the employee was in the business trip, the case is also production.

A separate point is to explain the receipt of damage on the way to work or on the way home. If a person used the employer's transport or his car by order of the management, the injury is recognized as work-related.

In other options - moving on foot, by bus, trolleybus, in a fixed-route taxi or in your own car - injury to those does not qualify.

Actions after an accident

The situation of an industrial injury is regulated by Russian legislation, according to which each employee is issued insurance against an industrial accident.

In other words, the organization transfers part of the employee's earnings to the Social Insurance Fund of the Russian Federation ( FSS), which subsequently participates in the formation compensation package.

There are many stories when an enterprise avoided responsibility, did not transfer funds to the Social Insurance Fund, and even simply “disappeared”. As a result, the injured person was left with nothing.

Considering this moment, it is very important choose right employer, be sure conclude an employment contract and ask all the necessary questions at the interview, without fear of seeming annoying and stupid.

However, the absence of a document on cooperation with the organization may not become an obstacle to registering an injury as a work injury. An investigation initiated by the victim, legal proceedings are often restore justice.

After an injury, a person should first of all call a doctor, an ambulance. In case of severe injuries, colleagues will deal with this issue.

Then the chief is invited to the scene, witnesses are interviewed or the material obtained with the help of cameras is studied. video surveillance. This is how the injury is recorded.

The head draws up protocol, which reflects all the nuances of the situation, convenes a commission to investigate.

The output is a document called
» .

It describes all the circumstances of the injury, participants, witnesses, as well as doctor's opinion medical institution about the severity of the injury in the form of a diagnosis.

It is mandatory to indicate the cause of the incident, the responsible party and measures to prevent similar cases in the future.

The act is drawn up in three copies: one remains with the employer, the second is sent to the FSS, the third remains with the victim.

An event is recognized as an accident if after it it is necessary to change the working conditions or position, as well as if disability is established.

The percentage of loss of professional ability to work is determined by the commission of medical and social expertise. In a medical institution, it is issued direction, which reflects the diagnosis, the conclusions of doctors of various specialties, the results of tests and examinations, recommended rehabilitation measures.

A package of documents, consisting of an accident report, the nature of the work performed, extracts from the hospital, the conclusion of the medical commission and the outpatient card is studied by expert doctors.

After the manager announces a positive decision, the victim at work is given related references:

1. Two "blue" with the percentage of loss of professional ability to work written on them.
2. One "pink" if moderate, pronounced or pronounced violations of body functions are detected. This is a disability certificate.
3. The program of rehabilitation of the victim at work, compiled on the basis of the conclusion of the medical commission of the medical institution. The plan of therapeutic measures can include medicines for the consequences of an injury, medical products, a wide range of technical equipment - from a cane to a multifunctional medical bed, the possibility of staying in a sanatorium in the absence of contraindications.

Depending on the severity of violations and rehabilitation prognosis the period for carrying out restoration measures, as well as monetary payments, is determined. The minimum period lasts up to a year, the maximum - indefinitely.

An employee who has been injured at work claims a lump sum payment and monthly compensation.

Lump sum formula: Loss percentage (set by the ITU commission) of the maximum amount designated by the FSS. In 2016 he compiled 90 401,9 rubles.

Monthly payment- this is the percentage of loss of professional ability to work from the amount of wages accrued precisely during the period of injury.

So, if 10% is determined and the monthly wage was 10,000 rubles, the amount of compensation will be within one thousand rubles.

Both types of these payments are funded by the FSS. The branch of the fund is determined by the address of legal registration of the insurer.

The temporary disability benefit is paid by the employer (who is the insurer) in 100% of the volume, regardless of the length of service.

It is also possible to receive compensation from the employer for moral injury. The amount is determined by how both parties agree. If the employee rejects the proposed amount, it can be challenged in court by filing a statement of claim.

Financial assistance, payment of expenses for treatment of an injured employee is possible. However, this comes only from the desire of the leadership or with a positive consideration of the application of the victim.

Russian law obliges the organization to pay only temporary disability benefits (sick leave). The FSS is responsible for the rest of the payments.

The procedure for receiving payments, the list of required documents

If, based on the results of the medical and social examination, documents were obtained confirming the functional disorders of the body ( blue, pink references), to apply for a one-time and monthly allowance, you must contact the FSS.

You need to have the following package of basic documents with you:

1. It is obligatory to have an act on an accident at work, which has form H-1. It must be remembered that one copy remains on hand, the second is stored in the FSS.
2. Blue certificates, which reflect the percentage of loss of professional ability to work. The first certificate will be taken by a fund specialist, the second one is returned and presented at the next commission of medical and social expertise.
3. Rehabilitation program for the injured at work (PRP).
4. The conclusion of the medical commission. The original document is given to the FSS.
5. Certificate of average salary. The reference form is provided by the fund staff.
6. Labor book.
7. Passport.

Each case of an industrial injury is individual, so the list of documents may be adjusted.

We bring to your attention an interesting video on the topic of the article.

If in the process of work the worker lost his ability to work for more than one day, this is equated to an industrial injury. Mutilation and death are also included. Injury of this kind implies compensation payments to the employee. The amount of compensation in case of an accident at work is calculated based on the severity of the injury. However, in order to receive payments, the fact of the incident must be recorded (although this is somewhat easier than when applying for sick leave for domestic injury).

Occupational injury - what should the employee and the employer do?

In order to receive compensation, certain requirements must be met.:

• Contact a medical facility for assistance.
• Officially record the fact of contacting the doctor.
• Call the head of the department, as well as the head of the enterprise, to the scene.

It is important to have witnesses who will confirm the fact of an emergency at the enterprise. All these actions must be completed on the day the incident occurred. The head of the organization must draw up an incident report, endorse it, and sign it together with witnesses of the situation.

The next step should be to create a commission that investigates all aspects of the incident. Depending on the severity of the injury, the investigation time may vary from 3 to 15 days. The commission must consist of 3 or more people. Based on the conclusion of the commission, compensation is established.

Classification of injuries at work by severity

There are mild and severe occupational injuries, as well as fatal injuries. All fatal cases are classified as fatal.

Severe include:

• Injuries inflicted on the health of an employee and subsequent shock, coma, high blood loss (more than 20%), blockage of blood vessels, acute disorder of the functions of vital organs and systems.
• Injuries associated with bruises of the brain or skull.
• Penetrating wounds of the spine, trachea.
• Open and closed fractures.
• Abortion.
• Loss of an organ, hearing, vision.
• Mental disorders.

A complete list of injuries that are classified as severe is prescribed in the scheme for determining the severity of industrial accidents. This scheme was approved by order of the Ministry of Health of the Russian Federation 322 of August 17, 1999. Injuries that are not listed as severe are classified as mild injuries.

Signs of an employee getting injured at work

An injury is considered industrial if it occurred as a result of labor activity. Also, injuries that an employee received during a business trip, or on the way to work / home can be recognized as industrial injuries. If a worker was injured while at work at the end of the working day, they can also be recognized as production injuries if at that time he was performing his job duties.

What conditions help qualify an incident as a work-related injury?

An incident can be classified as a work-related injury under the following conditions:

• The accident happened on the way to work in a working transport, or in his own car. But personal transport should be used for production purposes.
• The injury happened during a business trip.
• If the employee works on a rotational basis, the rest time between shifts is also taken into account.

Therefore, an incident that occurred during the rest period between shifts can also be attributed to a work-related injury.

Payments and compensation for work-related injuries in 2018

After issuing a disability certificate, sick leave is paid. The amount of compensation is calculated from the average salary of the employee for the year and is paid in the amount of 100%. The lump-sum payment is accrued to the employee by the Social Insurance Fund. The amount of the payment depends on the severity of the injury. During the entire recovery period, the employee receives a monthly payment. The amount of compensation is equal to the average monthly earnings of the employee, the limits of which are established by the FSS. In addition to the basic payments, there is payment for additional expenses, for example, the purchase of medicines or a paid examination. Such payment is made at the discretion of the employer from the company's funds.

sick leave payment

The sick leave payment is made in full from the funds that the employer deducted to the social insurance fund. The amount of compensation is calculated on the basis of the average monthly salary of the employee, and regardless of his length of service, is paid in full - 100% of the average salary.

Payment of one-time insurance

The lump-sum insurance payment is carried out by the Social Insurance Fund. The amount of such compensation is determined by the degree of injury received by the employee. The FSS annually establishes certain limits on the maximum amount of payments. In 2017, it was at the level of 80534.8 rubles.

Monthly insurance payment

This payment is made to the employee on a monthly basis. The amount of such accruals is equal to the size of the average monthly earnings of the employee for the past year. This amount should be indexed every year. Payments continue until the moment when the employee fully restores his ability to work.

Expenses for treatment and rehabilitation of an employee

Payment of additional expenses for rehabilitation and treatment of an employee is made from the company's funds at the discretion of the employer. Such expenses may include the purchase of necessary medicines, paid examinations, the purchase of necessary medical equipment and transportation of an employee. An exception is additional rehabilitation leave, which is paid from the FSS.

The procedure for receiving payments for work-related injuries

In order for the employee to receive all the necessary payments, he must provide the employer with a sick leave and all documents confirming the expenses. To receive compensation for the money spent on medicines, you must write an application and attach all supporting receipts to it. The one-time payment is transferred to the financial account of the injured person on the next day after the application is approved. If the employer refuses to pay for the reimbursement of funds to the employee, he has the right to file a complaint with the labor inspectorate. In extreme cases, proceedings may take place at the judicial level.

An injury at work is the result of an accident that occurred to an employee in the course of performing his job functions. In such cases, the manager must ensure that not only that the victim is given all the necessary assistance, but also that he receives all the payments and compensation due to him. Let us consider in more detail the algorithm of actions of the employee and the employer in such situations.

The correct execution of documents by the company and the fulfillment of all obligations to the injured employee (timely transfer of payments and compensations to which the employee is entitled under the laws of the Russian Federation) will help the employer avoid serious legal consequences. A list of cases where an injury is considered work-related is contained in article 227 of the Labor Code of the Russian Federation.

What is considered work injury?

According to the existing labor legislation, an occupational injury is considered to be any event that harmed the health of an employee that occurred in the course of performing work duties, as well as in the performance of any actions performed for the benefit of the employer. In particular, these include injuries sustained by oneself and inflicted by another person, animal bites, lightning strikes and other events associated with industrial and natural factors. Such injuries will be considered industrial if:

• the employee was at the workplace specified in the employment contract, or on a break;
• company vehicle was used;
• the employee was on a business trip or followed to its destination.

The question of whether an injury is work-related when injured as a result of an accident on personal or public transport is decided depending on the purpose for which the transport was used. An injury is considered industrial if the employee on such transport carried out the instructions of the head. It is worth remembering that one of the main criteria for qualifying injuries received as work-related is the presence of an order from the head, as well as his material interest in the performance of certain actions by the employee.

Work injury: payments and compensation 2019

In addition to the accident report, the basis for receiving payments is a sick leave. At the same time, the code “04” must be indicated in the column “Cause of disability”. It stands for an accident at work or its consequences. The amount and procedure for paying benefits and compensation for injuries is regulated by article 184 of the Labor Code of the Russian Federation. The benefit is calculated on the basis of all payments received by the employee for the billing period, from which the injury contribution was paid. It is worth remembering that the amount of the benefit does not depend on the length of service of the employee, so it is calculated based on the average monthly daily wage.

According to labor law, the victim is entitled to a lump sum insurance payment. The procedure for its payment (including the principles of calculation and size) - in 125-FZ. It is paid once - on the fact of injury. In 2019 (since February 1), its amount is 100,512.29 rubles. Its size is established in Art. 11 125-FZ. The law provides for a monthly insurance payment. Its size depends on the degree of disability. This year, the maximum amount is 77,283.86 rubles, in accordance with Decree of the Government of the Russian Federation No. 24 dated January 24, 2019 and art. 12 125-FZ.

In addition, the injured employee may be paid additional funds for treatment and rehabilitation at the expense of the employer, if they are specified in the collective agreement or labor agreement.

Payment types

An employee who has been injured at work is entitled to the following payments and compensations:

• allowance due to the onset of temporary disability, it is paid in the amount of 100% of the average earnings, the length of service is not taken into account;
• insurance payment made at a time;
• monthly insurance payments;
• compensation for non-pecuniary damage. Produced by the employer on a voluntary basis, the employee also has the right to apply for the protection of his rights to receive it in court;
• financial assistance in the event that such a clause is contained in a collective agreement or other local regulatory act, and in the amounts established by this document;
• payment for further restoration of health after leaving the hospital, if it is not covered by compulsory medical insurance or other benefits (Article 8 125-FZ).

If an employee dies as a result of an accident, payments are made to his relatives.

The procedure for assigning payments

They are designed to compensate an injured worker for loss of earnings, as he is not able to work (or work at full strength) for a certain period of time. If a person dies, material assistance is provided to his relatives, who also have the right to receive it in accordance with the law.

A one-time payment is made no later than a month from the date of its appointment, and to the relatives of the deceased - no later than two weeks from the date of submission of the entire set of documents. The injured specialist will need to provide the FSS with the conclusion of a medical and social examination, and the relatives of the deceased will need to provide documentary evidence of the death and the acquisition of the right to material assistance.

In accordance with Art. 7 125-FZ, the following relatives of the deceased acquire the right to receive funds:

• recognized as dependents entitled to receive maintenance from the deceased on the day of his death;
• children of the deceased worker born after his death;
• dependents of an employee who have lost the ability to work within five years from the date of death of this citizen;
• non-working family members caring for young or disabled children of the deceased.

Transfers are carried out according to the general principle until the moment of restoration or the acquisition of working capacity, if this is not possible - for life.

Who pays

Payments are made by both the employer and the Social Insurance Fund. For example, compensation for moral damage caused, quite logically, is paid by the administration of the enterprise, and insurance payments, both monthly and one-time, are made by the FSS. In addition, sick leave is paid at the expense of the Fund, and the employer makes payments stipulated by the labor or collective agreement (material assistance, for example). The FSS is obliged to assume the financial costs of the citizen for further rehabilitation (in the case of treatment and restoration of health in sanatoriums, the purchase of medicines). Such expenses will be reimbursed only after the submission of payment documents confirming the production of expenses.

Calculation principles

The amounts of compensation for work-related injuries are established in 125-FZ, but are reviewed annually. In Art. 11 of the law specifies the maximum amount of 94,018 rubles, but it is subject to annual indexation in accordance with part 1.1 of the same article. In 2019, the indexation coefficient was established by Decree of the Government of the Russian Federation No. 32 dated January 24, 2019. The amount of compensation depends on the degree of loss of professional ability to work after an injury. In the event of the death of a citizen, it amounts to one million rubles. The calculation also takes into account regional coefficients.

Payout calculation

When paying for sick leave, the calculation procedure includes the following steps:

• determination of average earnings, while income for two years before going on sick leave is divided by 730 (the number of days of the specified period);
• the calculation includes the employee's income in full, without observing the maximum amount of earnings;
• the resulting value is multiplied by the number of sick days;
• if the average salary is below the minimum wage, the minimum wage is used in the calculations;
• personal income tax is withheld from the allowance, this follows from Art. 217 Tax Code of the Russian Federation(about the same - in the Letter of the Ministry of Finance of Russia dated February 22, 2008 No. 03-04-05-01 / 42);
• the allowance is paid on the day of the next advance payment or transfer of wages.

Mandatory actions of the employer

The obligations of the employer in case of an accident are stipulated in article 228 of the Labor Code of the Russian Federation. This rule defines the following algorithm of actions:

1. Take measures to organize the provision of first aid to the victim.
2. Prevent further development of the emergency.
3. Keep the scene intact as much as possible.
4. Interrogate witnesses.
5. Conduct an investigation into the circumstances of the incident, for which to form a commission, based on the results of the investigation, draw up an act on an accident at work (the act is drawn up according to the number of victims).
6. If the accident was a group one (two or more people were injured) or severe (caused the death of a person), the employer is obliged to report it within 24 hours to the prosecutor's office, labor inspectorate, to the regional government by sending a notice. It is imperative to report any accident to the Social Insurance Fund, as the FSS will make payments to the injured citizen.
7. Fulfill statutory obligations to pay compensation to the victim.

Particular attention should be paid to drawing up an act on an accident at work, because it is on its basis that payments to the employee will be assigned. The document is filled out in accordance with the H-1 form, approved by the Decree of the Ministry of Labor of Russia dated October 24, 2002 No. 73. The act indicates information about the victim, details of the incident, causes, injuries and other information.

Sample act on an accident at work in the form of H-1 (form)

What to do if an employee is injured at work

When an employee is injured at work, he must take care not only to restore his health, but also to receive compensation during treatment and rehabilitation, that is, compensation for lost wages. According to article 184 of the Labor Code of the Russian Federation, the employer is obliged to compensate for the earnings that the employee did not receive during the treatment. Law No. 125-FZ of July 24, 1998 also speaks about this. Moreover, according to this rule, an employee can claim compensation for lost earnings even after returning to work. This is possible in cases where long-term rehabilitation is necessary and the employee cannot work at full strength. Article 1085 of the Civil Code of the Russian Federation states that an employee can claim compensation in the amount of 100%.

An employee who has received an industrial injury should remember that in order to receive all the due payments, it is necessary to provide:

• sick leave;
• documents confirming the costs of treatment and rehabilitation;
• an application demanding reimbursement of the amounts indicated in the submitted documents (application for a one-time or monthly payment for an industrial injury).

Who makes payments

Part of the payments for an industrial injury is made at the expense of the Social Insurance Fund:

• monthly allowance;
• compensation of expenses incurred by the employee during rehabilitation in sanatoriums, purchase of medicines.

The processing of documents should, by law, take a short period of time: the decision to make payments is made within ten days from the date of writing the application.

With regard to payments made by the employer upon the occurrence of an industrial injury, some managers try to evade this obligation. In this case, it is necessary to file a complaint with the labor inspectorate, and then to the court.

Employer's responsibility

The fact of concealing an accident, as a result of which an injury occurred, is punishable under Art. 15.34 Administrative Code of the Russian Federation. If the company concealed an incident in which an employee was injured, she faces a fine in the amount of:

• 300-500 rubles (for individuals);
• 500-1000 rubles (for officials, administration employees);
• 5000-10 000 (for legal entities).

This rule was introduced both to protect the rights of workers to receive compensation established by law, and to protect public order.

Occupational injury is damage and injury received by an employee during the performance of his job duties. An employee injured in an accident at work is entitled to a number of payments from the FSS. The FSS contribution rate for an accident in 2019 for policyholders depends on the type of their activity.

Conditions for payment of compensation

In order to make payments to an employee in the event of an accident at work, the following conditions must be met:

Denial of compensation

Even an insured employee working under an employment contract may be denied compensation if he was injured while intoxicated or as a result of criminal acts.

• The employee must be insured with the FSS. The employer is obliged to transfer insurance payments for all employees with whom an employment contract has been concluded. If an individual performs work on the basis of a civil law contract or a work contract, then insurance is provided only if this clause is present in the document.
• The accident was investigated in accordance with Article 229 of the Labor Code of the Russian Federation. According to the results of the commission, it was recognized that the injury occurred precisely as a result of an accident. If it turns out that the employee received the injury on his own intent, then he will not receive compensation.

In the following video material, the question is considered: what social benefits can an employee who has suffered as a result of an accident at work have?

FSS payments in case of an accident at work

According to Art. 8 of Law No. 125-FZ of December 28, 2016, the employee is provided with the following:

• sick leave due to temporary disability;
• one-time and monthly;
• reimbursement of expenses to the employee as a result of an accident for medical, social and professional rehabilitation.

Temporary Disability Benefit

According to Art. 9 of Law No. 125-FZ of February 28, 2016 , an employee who is injured in an accident while performing his job duties receives 100% of his average wage. The benefit must be paid before the date the employee resumes his ability to work or until the fact of its permanent loss is established. At the same time, the amount of payments for one month cannot exceed 4 times the amount, which is established by the law on the budget of the FSS for each year. If the average earnings exceed the maximum allowance for temporary disability, the allowance is paid in the maximum amount.

One-time and monthly payments to the victim

The amount of the lump-sum payment depends on the severity of the injuries sustained as a result of the accident. The degree of severity is established by the medical and social examination. The maximum amount is approved by the FSS budget law. The allowance is calculated taking into account regional coefficients. You can find out if the district coefficient for sick leave is calculated.

If an employee dies as a result of the injuries, the relatives will receive a one-time compensation in the amount of one million rubles.

The monthly payment is determined as a percentage of the victim's average earnings. When calculating the lost earnings of an employee, all income that he previously received, including remuneration, is taken into account:

• under a civil law contract;
• under the contract of the author's order.

Note: the injured employee is entitled to compensation payments only if the medical and social examination has concluded that he has lost his professional ability to work (Article 10 125-FZ). Otherwise, he cannot claim compensation.

For the calculation, the amounts are taken before taxes and other mandatory fees. If an employee worked abroad and received income in foreign currency, then the rate of the Central Bank on the date of their accrual is applied to calculate insurance payments.

If the insured person is under 18 years of age, then the compensation is calculated based on the average monthly earnings, but not less than the living wage established by law for the able-bodied population.

After the appointment, the amount of insurance payments is not reviewed, except for the following cases:

• change in the degree of disability;
• changing the list of persons who are entitled to payments upon the death of the victim;
• receipt of new information about the earnings of the victim;
• indexing.

Treatment reimbursement

As a result of an accident, an employee can be reimbursed for the costs of:

• medical assistance provided immediately after injury and until the moment of restoration of working capacity, including high-tech medical care;
• purchase of medicines;
• payment for medical and domestic care by third parties;
• payment for the travel of the injured and accompanying person to the medical institution;
• sanatorium treatment;
• manufacturing and repair of prostheses.

All costs incurred by the affected person must be supported by the following documents:

• an extract from the medical history;
• prescriptions;
• cashier's checks.

Consideration of the issue of compensation, as well as a decision on the payment of benefits or denial of them, is made by the FSS employees within 10 days after the application and the package of documents were submitted. If a positive decision is made, the employee will receive compensation within one month after the decision of the FSS.

Additional payments

According to Art. 235 of the Labor Code of the Russian Federation, the employer is also obliged to compensate the employee for material damage that was caused as a result of an accident at work. Its size is determined based on the market value of the damaged or lost property.

The payment is made on the basis of the employee's application to the employer. If the employer refuses to pay, the injured person has the right to go to court.

Moral damage caused to the injured person as a result of actions or inaction of the employer is paid based on the agreement of the parties and the terms of the employment contract. In the absence of an agreement, the amount of compensation for moral damage is determined in court.

Watch the video on how to get compensation if you are injured at work

Persons entitled to benefits upon death of the victim

If an injury resulting from an accident results in the death of an employee, the following persons are eligible for benefits:

• dependents of the deceased person at the time of his death, as well as those who lost their ability to work within five years after death;
• children of the deceased who were born after his death;
• parents and spouse of the deceased;
• a person engaged in caring for a disabled dependent of the deceased.

In addition to a one-time payment, relatives are entitled to a survivor's pension.

You can ask questions about compensation for an industrial injury in the comments to the article.