Amount of insurance for work injury. How to calculate benefits in connection with an injury at work. Main causes of industrial injuries

05/23/2019, Sashka Bukashka

A work injury is a loss of ability to work due to an accident that occurs while working. What should an employee and an employer do if an employee is injured while performing his or her job duties? What compensation is available for an injury at work? We will examine these and other questions in the article.

What injury is considered work-related?

Harm caused to a citizen's health as a result of an accident at his place of work, which resulted in a temporary or permanent loss of his ability to continue working or, in the most severe cases, even led to his death, is called an industrial injury.

That is, we are talking about accidents if they led to damage to health, injury and if they occurred while the employee was performing his official duties:

Time to prepare work equipment (tools, clothing, etc.).
Time to put your work equipment in order after your shift.
Performing any other actions before or after the work shift that are described in the employment contract and provided for by the employer.
Periods.
Work on weekends and holidays.
On the way to work or back. This can be travel by official or personal transport, but if by personal transport, then the use of personal transport must be specified in the employment contract and agreed with management.
The injury was sustained on the way to a business trip and back.
During business trips on work matters, it does not matter - by public transport or by company car.
On the way to the place of fulfillment of the work assignment given by the supervisor, and walking also counts.
During rest periods between shifts.
During the inter-shift rest of the shift driver, conductor, mail car crew member, etc.
The injury occurred in other cases when the employee performed actions on the orders of his superiors. For example, when working after accidents or natural disasters, disasters or accidents that need to be prevented or the consequences of which need to be eliminated. But this must be enshrined in the employment contract.

If the injury was received on the way to or from work outside of the working day and not on a work vehicle, then such an injury is not considered work-related.

There are situations where an injury occurs due to an accident that has nothing to do with the work or job duties or tasks. Such an injury will not be recognized as a work-related injury and you should not expect payment for it. It could be:

death as a result of some general illness or suicide, which is confirmed by doctors, investigative authorities or the court;
death, illness or injury as a result of alcohol, drugs or other toxic intoxication (poisoning), which is not associated with violations of the technological process. This must also be confirmed by doctors;
the injury was sustained as a result of an accident that occurred while the victim was committing a criminal offense.

Example

The janitor was intoxicated in the yard and was injured.

He was cleaning the yard with a shovel and broom, and an icicle fell on his head, breaking his head. This is a work-related injury, for which the drunken janitor will be entitled to compensation according to the law. Why? Because the injury was caused precisely by the falling icicle and did not depend on the degree of intoxication of the worker. If the janitor had cleared the snow sober, this icicle would still have fallen and hurt him. So the presence or absence of alcohol in the employee’s body at the time of work does not matter in the context of labor law. Although, of course, this is not very good for health.

But if, while cleaning the yard, the same drunk janitor could not stay on his feet and broke his arm in a fall, then the main factor here will be his alcohol intoxication, and the injury will be considered domestic.

Who determines what kind of injury it is - work-related or not? This is the task of the commission to investigate every accident at work. Organizing such an investigation is the direct responsibility of the company's management.

During the investigation, the commission must take into account all existing circumstances that may be relevant in recognizing the accident as a domestic or industrial one. As in the described example about the unlucky janitor: you need to determine both the person’s condition and the available facts about the icicle, the slippery yard, and so on. As a result of this work, an act is drawn up.

What to do if disagreements arise regarding the investigation, registration and recording of accidents? What if the injured employee does not agree with the commission's findings? If, as a result, a person died, and the members of his family who were left without payments are sure that it was a work-related injury and that the commission made the wrong conclusion, recognizing it as a domestic injury? In this case, you need to contact the State Labor Inspectorate (SIT) and appeal the results of the investigation. GIT specialists must conduct an examination and make a final conclusion.

If the State Inspectorate’s conclusion about a work-related injury does not satisfy the injured party, then all that remains is to go to court.

Work injury. Payments and compensations 2019

fracture, a bruise or other health injury received while performing work or on the way to it may or may not be recognized as a work-related injury.

If they are work-related injuries, about which a report has been drawn up, then the employee will have the right:

for sick pay;
for insurance payments - one-time and monthly compensations;
to pay for their expenses for treatment and rehabilitation (both medical, social and professional).

All these payments are made by the Federal Social Insurance Fund of the Russian Federation, except for sick leave, which is paid by the employer.

How is sick leave paid for a work injury?

Compensation and sick leave for work-related injuries are paid by the employer and subject to the following conditions:

100% of the victim’s average earnings are always paid for the entire period of sick leave until recovery or complete loss of professional ability to work is established (Article 9 of Law No. 125-FZ);
sick leave is paid in full for all places of work of a person, regardless of where the accident occurred (Letter of the Ministry of Health and Social Development of Russia dated April 24, 2007 No. 3311-LG) - this is relevant, for example, for part-time workers;
The maximum amount of sick pay per month is established in clause 2 of Art. 9 of Law No. 125-FZ. It changes every year and is indexed in accordance with the rules laid down in the law. In 2017, the maximum compensation was 72,290.4 rubles, in 2018 - 75,182 rubles. In 2019, the amount of monthly compensation from the Social Insurance Fund is 78,189.3 rubles.

One-time and monthly compensations are assigned and paid from the budget of the Social Insurance Fund of the Russian Federation to the employee if, according to the conclusion of a medical examination, the injury resulted in the loss of a professional. ability to work, that is, the person can no longer work under the same conditions.

What additional expenses can be paid to the injured person? We are talking about paying for rehabilitation treatment after a work injury. Such treatment must be prescribed by a doctor. This payment is also made by the FSS.

What should an employee do to receive benefits and payments?

In the event of a work-related injury, you must first bring sick leave to your employer and wait for payment on it.

The employer assigns benefits within 10 calendar days from the date of provision of the certificate of incapacity for work. The employee must receive compensation on the day of salary payment at the enterprise, which will be the closest after the benefits are assigned. That is, if salaries are paid on the 10th and 25th of each month, and sick leave is received on the 18th, then payment for it should occur on the 25th.

If the employer does not comply with the specified deadlines, it is worth filing a complaint with the State Tax Inspectorate or immediately filing a claim for recovery of unpaid amounts in court.

The following documents must be attached to the application requesting payments:

report of an industrial accident;
medical examination report;
a copy of either the employment contract;
certificate of average earnings.

The decision is made within 10 calendar days. Compensation payment terms:

one-time compensation - no later than a calendar month from the date of their appointment;
monthly compensation - in the month for which they are accrued, no later.

If, according to the conclusion of the ITU institution, a person required medical, social and professional rehabilitation after an industrial injury, then he can apply to the Federal Social Insurance Fund of the Russian Federation for compensation for such expenses: submit an application and attach documents confirming the expenses.

The decision on payments will also be made within 10 days, in accordance with the rehabilitation program for the accident victim drawn up by the doctor.

Rehabilitation payments are made by postal order at the place of residence or by transfer to the bank account specified in the application. The employee has the right to choose the method of receiving payments himself. The period is no later than 20 calendar days from the date of adoption of the corresponding decision by the Federal Social Insurance Fund of the Russian Federation, and for certain expenses - monthly (expenses for outside care) or quarterly (routine repair of a vehicle).

Responsibilities of the employer in the event of an accident at work

If an accident occurs and an employee is injured, the employer must:

Provide assistance to the victim. To provide first aid to victims, each organization must have a first aid kit equipped with everything necessary (the requirements for the first aid kit are approved by Order of the Ministry of Health and Social Development of Russia dated March 5, 2011 No. 169n). If the injury allows, the employee must be taken to a medical facility. There, the injury should be characterized as mild or severe. This determines which authorities the employer must report the accident to, which commission and within what time frame to organize an investigation.
Take measures to prevent an accident. It is necessary to notify other workers about a possible accident and its consequences. It is necessary to remove all workers to a safe distance and, if possible, neutralize the source of danger. After which you need to enter a high alert or emergency mode.
Preserve the situation at the scene of the accident or otherwise record it. If there is a danger of an accident, draw up a map of the accident site, photograph or video the place where the work injury occurred.
Report the incident to the regulatory authorities, as well as to the relatives of the injured employee.
Organize an investigation.

In addition, the employer must prepare documents for Social Insurance:

medical report of injuries;
protocol of the commission's investigation;
reports on payment of contributions for the employee;
a certificate of income of the victim;
certificate of payment of benefits.

Documents must be drawn up in accordance with legal requirements.

Compensation for moral damage

If an employee who has suffered a work injury wants to receive compensation for moral damages, he must go to court. When drawing up an application, it is necessary to indicate the grounds for payment of such compensation and make calculations that would show the appropriateness of the demand. But even with apparent grounds for compensation for moral damage, one must adhere to the principle of reasonableness and fairness.

Employer's liability in case of an accident at work

If an incident occurs at an enterprise as a result of which an employee is injured, an investigation commission is created. As a result of the investigation into the causes of the work injury, the degree of guilt and responsibility of each party is determined.

There are several types of employer liability:

material;
disciplinary;
criminal;
administrative.

The material includes:

payment of compensation to an employee for loss of ability to work;
one-time payments;
the employer may be required to pay moral damages.

An employer may be subject to disciplinary liability for failure to fulfill or improper performance of duties related to the organization of work activities (for example, refusal to insure employees, improperly equipped workplace).

For concealing an insured event, the manager is subject to a fine:

for an individual - 300-500 rubles;
official - 500-1000 rubles;
legal entity - 5,000-10,000 rubles.

In case of violation of labor laws, fines increase:

for an official - 1000-5000 rubles;
for an employer who is not a legal entity - 1000-5000 rubles, suspension of activities for 3 months;
legal entity - 30,000-50,000 rubles, suspension of activities for 3 months.

Criminal liability is the most severe. It can only apply to individuals. Criminal liability may be brought if a serious injury was sustained at work or if the accident caused the death of an employee.

The definition of “work injury” includes a deterioration in the health of an employee at the time he performs his work duties and the associated temporary or permanent loss of ability to work. A noteworthy fact is that this concept includes severe and minor injuries and illnesses received:

On the way to work;
When carrying out instructions from management;
On business trips;
In preparation for the work process, etc.

Accidents at work due to the fault of an employee are most often not considered industrial accidents, but this fact can only be stated by a special commission investigating the incident. Most often, the victim’s guilt is provable, but payments will still be awarded, albeit in a smaller amount ().

Work injury - what payments and compensation are due in 2018?

If an accident occurs, it is necessary to record it, collect a package of documents, and obtain the necessary extracts and certificates. According to the labor code, the employer is obliged to inform the Social Insurance Fund about the incident within 24 hours.

If the accident is accompanied by death (or death occurs during treatment), compensation is paid to close relatives or dependents of the deceased.

Work injury insurance

Depending on the severity of the injury and the insurance contract, the amount of insurance may vary, as well as the type of payments. There are two types:

Monthly;
Disposable.

It should be noted that insurance payments are not taxed ().

In case of moderate injury

Moderate injuries include any injuries that cause significant disruption in the functioning of any limb or organ (more than three weeks). They often lead to loss of legal capacity and, as a result, an increase in the amount of compensation. This could be, for example, a complex fracture of a leg or arm. Most often, such injuries accompany construction workers.

If you receive a minor injury

Loss of ability to work for more than 6 days, but not more than 21 - this criterion determines the mild severity of the injury. For example, a minor contusion of the brain or several vertebrae, eye damage, etc. The company pays for the first 5 days of sick leave, social insurance pays for all subsequent days.

In case of loss of ability to work

A certificate of incapacity for work (a type of sick leave) confirms the fact of loss of the opportunity to continue working. In case of disability, the registration is carried out by a special medical commission. It must be completed annually. The employer is obliged to pay compensation throughout the employee’s life

Monthly compensation for lost earnings

Monthly payments are completely identical to the average monthly income (if it does not exceed the amount established by law () and are carried out until full recovery. If recovery is impossible, financial payments are made for life. The employee’s length of service does not matter.

The law has a clause: if at the time of injury a person was under the influence of drugs or alcohol, the amount of compensation can be significantly reduced.

One-time payment of compensation

The calculation of one-time compensation payments directly depends on the percentage of disability. For example, if a person lost 40%, then the payment will be equal to the same ratio. One-time payments are subject to annual indexation.

Compensation for moral damage - where to apply and how to calculate?

The victim has every right to apply to the Ministry of Internal Affairs or the courts with a claim for temporary or permanent loss of ability to work. As a result of the proceedings, the court will oblige the company to compensate moral costs and determine the amount of payments ().

To calculate the amount that must be paid, there is a formula: (benefits (its maximum amount) / total number of days of incapacity) * sick days (take into account allowances and bonuses).

Injuries sometimes occur at work, the state protects injured citizens, and compensation is provided for people who have received work-related injuries. The employer can also compensate the employee for part of the salary or the full monthly salary. Read about the legal basis of such relations in the article.

According to Article 5 of the Federal Law on Social Insurance against Accidents at Work, industrial damage includes accidents that occur to an employee at work. Russian legislation provides for financial compensation for work-related injuries in the form of both a one-time and regulatory payment. To receive money, health damage must be documented in accordance with legal requirements. This means that the victim must contact doctors and take sick leave. An industrial injury and the costs associated with it must be compensated by the employer or the Social Insurance Fund.

Work injury payments and compensation 2018

If an employee receives a work-related injury, he or she has the right to compensation for sick leave and rehabilitation from the employer. If severe or moderate damage has been caused to health, affecting the employee’s ability to work, then the amount of compensation is determined by a medical and social examination. It is the employee’s responsibility to enable doctors to determine what harm was caused to the body at work.

The employer also has the right, after an accident at work, to pay the employee additional compensation, which is issued by a separate order or provided for in the agreement/contract.

Procedure for payment of insurance compensation and terms

If an employee was injured at work, the procedure is as follows: within ten days, in order to receive payment for an industrial injury at the enterprise, the employee must collect documents and go to the Federal Social Insurance Fund of Russia, attention: not to the employer. According to the law, a one-time insurance payment is transferred to the employee immediately.

Depending on the duration of the employee’s incapacity for work, you can count on compensation from the employer for temporary loss of ability to work. It will be 100% of monthly earnings and can be either one-time or monthly. Insurance benefits for work injuries can also be temporary or regular. Finally, the employee is also entitled to compensation for moral damages. However, to receive this type of payment, the employee must go to court. Moral damage is not included in the insurance amount.

How is the insurance amount calculated?

The amount of mandatory payment and compensation to the employee from the employer depends on the type of insurance contract, as well as the severity of the damage. For some professions, the amount of payments is regulated by legislation. For example, employees of the Ministry of Internal Affairs who, as a result of an injury, received a disability of the first group receive 1.5 million rubles, the second group - 1 million rubles, the third group - 5 thousand rubles. The insurance company makes the calculation.

Moderate injury

According to Article 111 of the Criminal Code, the following damages and disorders are considered to be of moderate severity:

long-term health disorder of the employee (work capacity lost for more than 21 days);
permanent loss of the employee’s general ability to work by less than one third.

Remember that in order to receive payment for this type of damage, the employee must see a doctor.

Compensation for lost earnings due to a work injury for an employee

According to the labor code, payment for lost earnings for an employee from the employer will occur on sick leave. After the incident, the employee was treated and could not work for some time - he is entitled to 100% compensation for absenteeism. If, at the end of the sick leave, the employee returns to work, then, as a rule, compensation is expressed in the fact that the employee receives from the employer at the end of the month his standard monthly salary without any deductions. Or several months' salary at once, if the work injury was serious. Remember that the employer does not have the right to deduct money for sick leave.

How much is a lump sum payment to an employee in case of injury?

A one-time payment to an employee from an employer means compensation for medical expenses in the event of a work-related injury. If we are talking about a serious injury with long-term disability, for example, an eye injury, then the employee can count on compensation from the employer or the Social Insurance Fund for monthly compensation. And a one-time monetary compensation applies exclusively to measures that are necessary in order to restore the employee’s health to the maximum extent possible. It is easy to calculate from documents. The calculation procedure is very simple, we discussed it above.

Monthly insurance payment in case of accident

Work injury – unpleasant event for the employer, since it imposes various obligations on the enterprise. There is even a position in the staffing table for a labor safety engineer, whose responsibility is primarily to prevent accidents with workers.

As for the employee, this is physical and moral damage for him, possibly irreparable. Therefore, the legislator obliges enterprises to be responsible for what happened, including through monetary compensation.

Definition, recognition, reasons

First, you need to define what a work injury is. Typically this is mutilation, received in the process of production activities, which led to temporary or permanent loss of ability to work.

Also included in the category of work-related injuries are: occupational diseases. These are diseases that occur in an employee as a result of long-term influence of harmful production factors on the body.

For an injury to be classified as work-related, it must be investigation, which will establish the presence of signs consistent with the circumstances of an accident at work. The causes of occupational injuries are considered to be:

employee failure to comply with safety regulations;
Negligence in conducting safety training;
access to the equipment by an unqualified specialist;
permission to work with faulty equipment.

Conditions and signs

In accordance with the Labor Code of the Russian Federation, an industrial accident is an incident that entails injury, death, or loss of ability to work. Exist characteristic features, according to which the injury can be called industrial:

when performing work duties on the territory of the enterprise;
during rest or lunch;
on the way to or from work on official transport;
during a business trip or on the way to it;
when performing official assignments outside the company.

In other cases, the injury cannot be considered work-related. If an employee was injured during non-working hours, but was performing duties under an employment contract, such an accident may also be considered a work-related injury. In addition to employees employed by the enterprise, the following may be at risk of work-related injury:

students undergoing internship;
employees working under a civil contract;
persons performing public or forced labor.

Legislative acts for 2018

If you receive a work injury, a accident report, which is the basis for recognition as such. In addition, an employee in a medical institution is issued sick leave. The reason for the disability on the sick leave must be indicated under code 04.

To an employee on the basis of Art. 184 of the Labor Code of the Russian Federation must be paid allowance, which reimburses his lost earnings for the period of incapacity and expenses for restoring his health.

The amount of the benefit does not depend on the employee’s length of service and is calculated based on average daily earnings. The maximum benefit amount is indexed annually. In 2018 this amount is - 296,390.64 rubles. In addition, for 2018 the maximum amount of a one-time insurance payment has been established - 96,368.45 rubles, monthly insurance payment is limited 74,097.66 rubles.

The rights of employees and the responsibilities of the employer are presented in this video.

Accident investigation

After an unfortunate incident occurs, the employer must immediately begin an investigation. For this purpose, a commission is created, the duration of which is established from 3 days to 15 days depending on the severity of the accident.

The production commission inspects the scene of the incident:

takes photographs;
documents the circumstances of the incident;
makes video recording.

To restore the maximum picture of what happened, the commission interviews witnesses to the incident and records their testimony in a special document. Then the commission needs to obtain a medical report on the condition of the victim. The data from the conclusion is entered into the form.

As a result of the investigation, the commission must draw conclusions about the causes of the incident and render a verdict on whether the incident is considered an industrial injury. If an accident at work is recognized, a report in form N-1 is filled out.

Actions of the employer and employee

The employer must provide first aid to the victim and arrange for transportation to the hospital.

The scene of the incident must remain intact until the start of the investigation. If it is impossible to fulfill this condition, all circumstances must be recorded on a photo and video camera.

The employer assumes the responsibility to inform the relatives of the victim about the incident. Within 24 hours, he informs the local FSS office about the incident by filling out a form.

If the incident results in death, group injury or severe damage, In addition to the FSS department, it is necessary to notify:

Labor inspection;
Prosecutor's Office;
Executive agencies;
Trade union.

Notification of interested parties occurs via notification via form No. 1. Next, a commission is created to investigate the incident. The completed accident report with the commission’s conclusions is transferred to the FSS department. The recovery and exit of the employee is also recorded in a special form, which is submitted to the labor inspectorate and the Social Insurance Fund with a message about the consequences of the incident and the measures taken.

As for the employee, his main task becomes desire to achieve justice. This often happens due to the desire of management to hide the fact of a work-related injury. The employee is persuaded to issue a regular sick leave, citing negligence in everyday life, they do not want to conduct an investigation and report to the Social Insurance Fund.

Of course, this is possible with mild injuries, but severe injuries are difficult to hide. The employee needs to go to the labor inspectorate, the prosecutor's office and file a claim in court. The employee will need:

a doctor’s report who will identify the connection between the injuries received and the circumstances of the incident;
witness's testimonies;
documentary evidence.

In addition, it will be installed employee's degree of guilt. If the employee is to blame for the incident, the employer may refuse to pay compensation or reduce its amount.

List of required documents

An accident requires payment of compensation, but in order to receive it, you will have to register many documents. To assign payments to the Social Insurance Fund, you must provide:

Accident report.
A certificate of the victim’s average monthly earnings.
A certificate of the time period for which temporary disability benefits were paid.
An employment contract between an employee and an organization.
A copy of the employee’s work book.
Application for receipt of insurance coverage in an approved form.
Opinion from medical experts on the consequences of injuries and measures that should be taken for the rehabilitation of health.
Health rehabilitation program.
Documents for payment of expenses for health improvement and medical care.

Types of payments and compensations

Anyone who has suffered damage as a result of an accident has the right to the following monetary compensations:

Temporary disability benefit in the amount of 100%, regardless of the employee’s length of service.
A one-time insurance payment that pays for treatment and restoration of health.
Monthly insurance payments.
Compensation for moral damage. It can be determined voluntarily or through the court.
Payments to the relatives of those killed as a result of the incident.
Material aid.
Payments for further recovery after leaving the hospital.

The amounts of payments are determined in accordance with the legally established procedure, which changes the amount annually due to indexation.

Procedure for receiving funds

It should be noted that many of the payments that an injured worker receives are made at the expense of the Social Insurance Fund, if the company pays insurance premiums for injuries.

However, if an employee does not have enough legally established amounts of compensation, then he has the right to sue the employer, who will have to pay the missing funds at the expense of the enterprise.

The company may assign additional payments to the employee in voluntarily. Also, the employer must compensate wages from his own funds. 100%, which the employee will not be able to receive during the treatment period.

Sick leave for temporary disability as a result of a work injury must be paid from the first day of the offensive. That is, the employer does not have the right to wait until the end of the sick leave period to make an accurate calculation, as is customary when assigning a regular temporary disability benefit.

One-time and monthly compensation must be accrued from the first day of the incident, otherwise the employer is breaking the law. A package of documents is submitted to the FSS. The policyholder must decide on payment of compensation within 10 days. At the end of this period, compensation is paid to the victim.

Reimbursement for medications is made at the expense of the employer, and the employee must bring all receipts confirming his expenses. Accordingly, these costs will be reimbursed after the employee’s treatment is completed.

How is sick leave paid?

As mentioned above, sick leave is paid from the first day of issue to the victim. But what to do if the investigation is not yet completed and the case is not officially recognized as insurable? Calculation of sick leave is 100% of his average earnings for the last year, regardless of the employee’s length of service.

Before the case is officially recognized by the insurance accounting department, it is necessary to include the costs of the benefit as if it were a domestic injury, that is, the first three days are paid at your own expense, the subsequent days - at the expense of the Social Insurance Fund. Accounting is carried out corresponding postings.

When the commission provides an act recognizing the accident, the accounting department needs to reverse previously made entries and change the calculation of sick leave, charging all costs to the Social Insurance Fund. Accordingly, if during this time a report was submitted to the Social Insurance Fund, then an updated calculation must be submitted. For violations of the payment procedure, the employer is subject to fines.

In the “Expert” program, such a concept as an industrial injury was discussed.

There are several laws in Russia that regulate issues of injuries at work:

Labor Code of the Russian Federation, art. 184 (guarantees the provision of monetary compensation in case of an accident).
Federal Law No. 125, Art. 5 (compulsory employee insurance).
Civil Code of the Russian Federation, Art. 1101 (the ability to demand monetary compensation for moral damages when injured at work).
Constitution of the Russian Federation (guarantee of safe conditions when carrying out labor activities).

An investigation into the fact of an industrial injury is conducted to determine the causes and circumstances of the incident. Afterwards, the victim has the right to demand monetary compensation.

An investigation is mandatory for any industrial accidents, for example:

Physical injury involving harm to the health of people, animals or insects.
The fact of electric shock or lightning, frostbite, drowning, heat stroke, burns.
Damage due to accidents, explosions.
Other injuries that the employee received in the course of work.

For a work injury to be recognized, the following circumstances must exist:

Everything must happen during working hours and on the premises of the enterprise. It does not matter whether the accident occurred during a lunch break or during overtime work.
The injury was received on the way to or from work while traveling in personal transport (subject to confirmation of an agreement on this with the line manager).
During a business trip (when an employee moves in any direction, to a place or back).
While performing work on a rotational basis.

This list is not exhaustive, but includes the most common circumstances. Next, we will analyze what material consequences an organization bears if there is an industrial injury: payments and compensation in 2019.

Calculation algorithm

To determine how a work injury in 2019 is paid for in each case, you need to start from the amounts established by law. They are reviewed every year. For 2019, the maximum one-time insurance payment was 97,778 rubles. When making calculations, regional coefficients must be taken into account.

The calculation procedure includes the following steps:

Calculation of an employee’s average earnings (income for the two years that preceded the sick leave due to an incident at work, divided by the number of days of this period, that is, 730).
The resulting value is multiplied by the number of days equal to sick leave.
Work experience is not taken into account, since the amount of the benefit is equal to 100% of the calculated amount (in the absence of the victim’s fault).
The total amount is compared with the current restrictions. In 2019, the maximum benefit amount, according to the law, is 300,728 rubles. If the victim’s income exceeds this value, payment is made based on the maximum of 9,892.37 rubles per working day.
When paying benefits, personal income tax is withheld. Funds are transferred on the day of payment of the next advance or salary.
If an employee dies from the consequences of an accident, relatives are paid 1 million rubles.

Instructions: what to do if an employee is injured at work

The injured employee must notify the administration about the incident and prepare the following list of papers:

Application for a one-time or monthly payment for a work injury.
Documents confirming the costs of purchasing medications and rehabilitation courses (if paid from personal funds).
Certificate of loss of ability to work (conclusion from a medical professional).
Detailed plan of the rehabilitation program.
A medical professional’s conclusion on the need to undergo a rehabilitation course.

Application to the Social Insurance Fund for a one-time payment for a work injury, form

Application to the Social Insurance Fund for monthly payments, form

Management procedure in case of injury at work

In the event of an accident at work, the director must form a special commission. She finds out all the circumstances under which the employee was injured. The commission includes at least three people:

a representative of the government agency or organization where the accident occurred;
trade union representative;
the person responsible for compliance with labor safety rules at the enterprise where the employee acquired the injury.

If the accident affected five or more people, the commission is expanded. Its members include an authorized representative of the State Labor Inspectorate of the Russian Federation and a member of the All-Russian Representation of Trade Unions of the Russian Federation.

Please note that the victim has the legal right to be on the committee. This is allowed in order to minimize the possibility of falsification during the investigation of the circumstances of the accident.

If an employee was injured at work, a report must be drawn up. The second document is filled out in Russian, and if the injured employee is a foreigner, then also in his native language. Mandatory information in the act:

information about the circumstances of the incident;
causes of damage;
Full name and position of the perpetrators;
the degree of guilt of the victim;
witness statements.

The act is signed by all members of the commission. Afterwards, the paper is submitted to the director of the enterprise for approval and certified with a seal.

It is also necessary to notify the Social Insurance Fund (SIF) in the form of a report (Article 228.1 of the Labor Code of the Russian Federation). And if two or more people are injured or there are deaths, the director is obliged to notify:

Social Insurance Fund;
State Labor Inspectorate;
Prosecutor's Office;
local government bodies;
employer (if the employee was sent to another enterprise and suffered a work-related injury there);
Regional trade union organization.

The accident report is filled out according to form No. 73, approved by the resolution of the Ministry of Labor of the Russian Federation. If an incident occurred on a ship, the captain of the ship must report it to the nearest Russian consulate as quickly as possible. If the cause of an employee’s health problem is acute poisoning, Rospotrebnadzor should be additionally notified.

In order to issue a disability benefit to an injured employee, management prepares and sends to the Social Insurance Fund a package of documents, which includes:

Other payments provided for by the collective agreement.

FSS pays:

One-time help.
Monthly benefit due to loss of ability to work.
Compensation for rehabilitation costs (if the victim visited sanatoriums and purchased medications at his own expense). To receive these payments, you must provide receipts to the Social Insurance Fund that confirm expenses.

Liability for concealing a work-related injury

Since injury to an employee at work falls under an insured event, and by law the employer is obliged to pay compensation (Federal Law No. 125), liability is provided in case of concealment of the incident. The corresponding norm is prescribed in Art. 15.34 Code of Administrative Offenses of the Russian Federation. It states that for concealing a damage incident, the company will be fined in the amount of:

300-500 rubles (for citizens);
500-1000 rubles (for employees);
5000-10,000 rubles (for enterprises).