Getting injured at the enterprise is negative not only for the injured employee, but also for the employer. No matter how widespread the fallacy, it is possible to get injured not only in the workplace, but also in the office. What to do in this case and where to go?
Determine the concept
Industrial injuries are various types of injuries sustained by a person during working hours, including during the lunch break, during overtime work or on a business trip, even on the way to the office / enterprise and back home. Injuries include injuries to limbs and organs that occurred as a result of a sudden injury or illness that developed as a result of prolonged adverse effects of the work environment. An accident that occurred to a student while undergoing practical training at an enterprise is also considered an industrial injury.
Types and severity of damage
Occupational injury is divided into two types, which, in turn, differ in the degree of damage received by a person and the consequences after them. This may be the occurrence or exacerbation of diseases of a chronic and professional nature, a prolonged loss of legal capacity. The severity of work-related injuries also matters. How the main species distinguish heavy and light injuries.
So, serious injuries at work are damages that pose a threat to human health and life. These include:
- pain shock;
- loss of more than 20% of blood;
- coma;
- violation of the activities of important organs;
- bone fracture with complication;
- dislocation of the joints;
- spinal injuries;
- brain damage;
- mental disorders;
- damage to blood vessels and arteries;
- miscarriage and others.
Mild industrial injuries include:
- normal bone fracture;
- Crick;
- concussion and others.
Injuries at work are diagnosed in the medical institution where the injured employee is treated. The opinion is issued at the request of the employer.
Depending on the type of injury, damage is divided into:
- technical;
- temperature;
- electric;
- chemical.
Injury at work can happen through the fault of both the employee and the employer. This is determined further by the commission. For example, damage can be caused due to non-compliance with safety rules at the workplace, or an industrial accident can occur.
Occupational diseases
Occupational diseases are employee health disorders that have arisen due to the systematic long-term impact of negative working conditions on the human body.
Such ailments are acute and chronic. Severe illnesses include health problems that appear unexpectedly. For example, within one working day under the influence of harmful production conditions.
If several employees get sick at the same time as a result of harmful labor factors, they speak of a group occupational disease.
If working and environmental conditions do not have a negative impact on the human body, do not lead to injury at work and the development of ailments of various severity and nature, this is considered the maximum permissible level of the production factor.
Injuries at work can also be expressed in a disease characterized as acute - burns of the organs of vision when working on the welding machine, poisoning with chlorine-containing drugs and other toxic fumes.
The development of chronic diseases caused by professional activity begins after the frequent and long influence of harmful factors in the workplace, such as vibration or noise from machinery.
Negative conditions can create:
- workplace dusting - work in a mine or in cement production;
- gas contamination - in the manufacture of bricks or work in a chemical plant;
- humidity;
- noise from technology;
- Vibration
- heavy physical labor;
- incorrect body position during sedentary work.
Under the influence of production negative factors, diseases such as noise and vibration disease, skin damage, problems of the musculoskeletal system, pneumoconiosis and other ailments can develop.
Causes of Workplace Injury
Injury at work can be obtained for several reasons, among them there are those that a person can not influence in any way.
Technical
Industrial injury of this nature can be obtained due to deficiencies in the technical base:
- breakdowns in mechanisms and machines;
- insufficient mechanization of the work process;
- Automation of the work process in harsh conditions.
Sanitary
This is a violation of indicators of sanitary standards, such as humidity and air temperature, lack of domestic premises, an insufficiently equipped workplace and non-compliance with hygiene rules.
Organizational
This reason is connected with the insufficiently good organization of the production process:
- violations in the use of the technical base;
- poor preparation for loading and unloading operations;
- non-compliance with safety standards;
- lack of proper instruction;
- improper organization of the labor regime, etc.
Psychophysiological
This factor is associated with unlawful actions of an employee in the workplace:
- appearance at work in a state of intoxication;
- intentional trauma to oneself;
- violation of labor discipline.
In addition, the conditions beyond the control of the employee include poor health, overwork, etc.
Actions
What to do to the person with whom the accident at work? And what is required of the employer in this case?
The algorithm of actions is as follows:
- It is necessary to inform the employer as soon as possible that an industrial accident has occurred. If it is not possible to declare the incident yourself, then it is necessary to transfer information through other persons, often these are witnesses to the incident. The employer, in turn, is obliged to provide first aid and arrange transportation of the victim to the nearest medical facility. Then he should report the incident to the Insurance Fund and start compiling a protocol.
- For the investigation, it is necessary to create a commission consisting of three employees. In the process of investigating the degree of guilt of an employee or employer, the nature of the injury, eyewitness accounts, various examinations and other methods for determining the cause of the accident are taken into account.
- If the damage received is of a mild nature, then an act of industrial injury is issued within three days. In severe cases of injury, an investigation may take up to 15 days.
- The received protocol is the basis for the issuance of sick leave by incapacity for work. The employer must decide on payments under this document or refusal in them within 10 days.
- In a situation where the victim is found guilty of what happened, but the employee himself does not agree with this, he has every right to challenge the decision in court.
Case Investigation Commission
According to Art. 229 of the Labor Code of the Russian Federation, the employer must convene a commission whose task is to investigate work-related injuries. It consists of at least three people. As a rule, the commission consists of employees representing the interests of management, state employees.inspections, persons from the organization for labor protection, from law enforcement agencies, as well as a doctor. In a situation where an accident entails the death of an employee, prosecutors are involved.
The commission determines how guilty the victim is, based on the testimony of witnesses, studying the damage received, the results of the examination and the incident itself in all details. Payments due to occupational injuries to the victim and the likelihood of paying for his therapy at the expense of the FSS depend on such factors. In the event that the employee who received the damage violated the safety rules, the amount of compensation for treatment from the employer is reduced.
The duration of the investigation may depend on the type and extent of the harm done. If slight damage to health is inflicted, the commission issues an opinion within three days, and in severe cases the process can drag on for up to two weeks. In the event that the injury was initially identified as mild, and after some time became severe, the management of the enterprise should notify the members of the commission within three days.
Payments and Compensation
Everyone can expect to receive one-time help and a monthly allowance if he has an industrial injury.
Payments and compensation will depend on the degree of disability. Monthly reimbursements are calculated based on the amount that the social insurance fund has established. They are paid throughout the entire rehabilitation period, from the day the fact of loss of working capacity is determined. The obligation to pay lies with the insurance company, but not with the employer.
Disability Allowance
The employer must pay the affected employee sick leave in the amount of 100% of his average monthly salary. The average monthly income is calculated for the previous 2 years. It is worth noting that the employer pays sick leave at a rate of 100%, regardless of length of service. The employer pays for the disability bulletin, and then the FSS reimburses the full amount of payments, counting them as insurance payments for the OSS.
Payment of additional costs
Additional costs for the restoration of the employee are borne by the employer. At the end of the sick leave period from the FSS, money is transferred to the accounts of the enterprise - all payment. Occupational injury causes not only physical but also moral damage.
It must also be compensated. The amount is determined by the court after the victim’s appeal.
Documents for registration
To apply for disability benefits, an employer needs to collect a certain package of documents that are transferred to a life insurance fund:
- copies of the contract or workbook of the employee;
- Act on the fact of injury at work;
- documents on the timing of disability benefits at the enterprise.
The injured person prepares his package of documents:
- application in the prescribed form;
- documents confirming the fact of the costs of treatment and recovery of the employee;
- honey. a conclusion issued by a medical institution regarding the presence of disability;
- rehabilitation plan;
- medical report representatives about the need for a rehabilitation program for an employee with a diagnosis of work-related injury.
Documents for submission to the appointment of an investigation into the injury:
- contract or employment record;
- passport;
- job description;
- a card completed in the form of T-2;
- time sheet.
Documents required for recognition of injury and further investigation:
- an act on the insurance event that occurred, drawn up in form 2;
- an order to convene a commission;
- investigation materials: photographs, video filming, diagrams, eyewitness accounts and the victim’s testimony, medical reports on the damage received in accordance with form 315 / u, expert reports,form 7 on inspection of the scene and others;
- acts in the form of N-1 in the amount of three pieces with the signatures of all members of the commission, the head and with the seal of the organization;
- opinion of the state labor inspector;
- journal entry on accident registrations.
Payment
Calculation of disability benefits for an industrial injury occurs according to the same rules as in the case of an ordinary illness. But this takes into account three points.
The first one. If an employee received damage during the work process, then disability payments are charged in the amount of 100% of the average salary. In this case, experience is not taken into account.
The second one. To accrue disability benefits, the average daily wage of an employee should be calculated. Multiply the resulting amount by the number of days in the calendar that fall on the recovery time. This is the final amount of monthly payments. It turns out that if there is a work-related injury, then the amount of benefits is not limited, it all depends on the number of days spent on sick leave.
The third. Each benefit paid by the employer to the employee is fully reimbursed to the enterprise by social insurance.
Do not forget that from each allowance it is necessary to withhold personal income tax. In the event that the FSS believes that the organization should not pay insurance premiums, there is no need to pay them.
Workplace accident prevention
To prevent work-related injuries, attention should be paid to the proper organization of labor and to monitor compliance with safety regulations, not only at the administrative level, but also at workplaces throughout the enterprise. Each new employee must undergo rigorous coaching from senior staff.
Regular trainings to improve staff skills contribute to improving the work on the entire site without violating the rules and technical standards, which will avoid the execution of such an unpleasant document as a sick leave. Work injury will not happen if due attention is paid to creating good working conditions. Such actions will affect the quality of health of each employee. We are talking about equipping the workplace with the necessary instruments and devices, ensuring the level of lighting, improved ventilation, maintaining the optimum temperature in the room, etc.
It is necessary to monitor the health status of each worker who has left for his workplace. Not to admit to the performance of duties of persons in a state of intoxication or a person who has poor health.
Total
In an accident at the workplace, absolutely everything must be fixed. This will come in handy when investigating work-related injuries. The conclusion of the doctor is the main evidence of the fact of harm to health in the workplace. You should ask your doctor for written confirmation that treatment or surgery is necessary in connection with the injuries received at the enterprise. Otherwise, all the costs of therapy and recovery will be borne by the victim.
