Drawing up a report on an accident involving a foreigner

When an accident occurs at an enterprise, resulting in injury to one or more employees, possibly death, a special commission is assembled in accordance with labor safety legislation. She investigates the circumstances, finds out the reasons for what happened. Based on the results of the investigation, a report is drawn up, which must be signed by all members of the commission.

It will be an important document when considering the issue of who is responsible for the incident and establishing payment for the victim.

Proper execution of the document is important; the entire process of investigating the accident must be carried out correctly; this determines whether the victim will be able to obtain payments, and whether the enterprise management will be punished for failure to comply with labor safety regulations.

The drawing up of the report depends on the type and category of the accident, the presence of a victim, and other factors.

Rules for management actions

When an employee or several employees receive an injury or microtrauma at work, management is obliged to act according to the established instructions . This determines how quickly the victim receives medical care and how competent and legal the management’s actions will be:

Deadlines

According to Article 229 of the Labor Code, the investigation of an industrial accident is carried out within a time frame determined by the severity of the injury:

When an incident at work only resulted in a minor injury to an employee, up to 3 days are given for an investigation.
In case of serious injuries and deaths, the commission's investigation into the incident should last no more than 15 days.
When the management did not immediately begin an investigation, and the result of the injury did not immediately appear in the victim, the investigation can be carried out within 1 month.

The period is counted from the moment the management issues a decree on creating a commission and carrying out work to study the circumstances of the accident.

ATTENTION! The victim may request an investigation into the circumstances of the accident that led to his injury at any time.

Documents in case of accidents at work

Information entered in the “Explanation of the current situation” field becomes public and should be of a general nature. In this field it is prohibited to mention the personal data of third parties. If the applicant violates this paragraph of the rules, the User himself is responsible for the publication of information.

The main tools are templates prepared by the Portal (containing information from the regulatory framework) for automatically sending requests to competent addressees, provided with the condition that the User indicates all the proposed information about his problem, regulated by the legal field, as well as compliance with clause 3.5 of this agreement.

health status. The faster assistance is provided, the faster and better the recovery of the victim. Therefore, he does not need to agree to offers to take him to the hospital by his own transport, but it is better to immediately call an ambulance (if possible). This is also useful in cases where the work injury occurred on the way to work and seems minor. In this case, it is also recommended to immediately go to the medical center for examination.
calmness. It happens that pain does not appear immediately, but some time after the injury. If you record the incident in a timely manner (for example, after a fall from the stairs, undergo an examination at the first aid station), then if your health condition worsens, you will not have to worry about proving to the commission that the injury actually occurred. Doing this when everything hurts is quite difficult, and the hassle will only hinder your ability to gain strength and recover.
payments and compensation. Tax payments are made no earlier than the N-1 act is issued. The investigation period for injury cases reported on time is 3-15 days, untimely - up to 1 month. Not all families can easily pay for expensive treatment (for example, a stay in intensive care), so it is better to secure financial support from the employer and the Fund as quickly as possible.

5. Microtraumas. From the point of view of legal law, the concept of “microtrauma” does not exist. There is a concept called “non-disabling injury”. Microtrauma is when an employee is injured and goes to a medical organization, they bandage him, and treat the wound. At the same time, doctors say that you can work and there are no serious health problems. And this employee goes to work the next day. The same microtrauma can be significant for one employee, but not so much for another. A teacher cuts his finger - he can continue his activities. But if an electrician cuts his finger, his professional activity remains in question. By the way, the State Duma is discussing a bill that will oblige managers to investigate and take into account all micro-injuries committed at the enterprise.

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Tasks of the accident commission

Members of the commission created by management are obliged to take responsibly the tasks presented to them. After all, the result of the work determines whether the victim will be compensated for the damage and whether the culprit will be punished. It is also important that the commission identifies the reasons for what happened, which will help prevent accidents in the future.

What actions do members of the commission perform during its work?

They are studying the place where the accident occurred.
Witnesses to what happened are being interviewed.
Create an idea of the incident with the help of specially invited experts.
Collect documents related to the case, all information about labor protection and the enterprise, safety precautions.

The entire set of actions should be aimed at carefully studying all the circumstances and making an objective, impartial decision.

Drawing up an act

The result of the investigation of microtrauma, injury, death due to an accident at work is reflected in a specially issued report.

This act is included in the list of documents for registering an injury and receiving assistance for disability or disability, depending on the circumstances. There is a sample for drawing up reports regarding industrial microtraumas or injuries, including those of a collective nature.

A form and samples for registering domestic and non-occupational injuries have also been developed. When drawing up the paper, the severity of the injury and the professional affiliation of the employee affected by the accident are taken into account:

For everyone who was injured at work in an accident, a report is drawn up in Form N-1.
A report in form N-1 PS is drawn up in the event of a sports injury. We are talking about injuries to professional athletes that they receive during training or during competitions.
using Form 4 if several workers were injured or killed during an accident. At the same time, an N-1 act is issued for each of the victims. These documents are sent not only to the employer, but also to the prosecutor's office.

A domestic injury can also be documented in a special act. The commission also investigates the circumstances of the injury; if it determines that the injury occurred at home, then the report is drawn up in any form, based on form N-1 or 4. The document must be drawn up in 2 copies, one for the employee. The other is for the employer.

Sample

It is signed by the members of the commission, and the management at work must simply endorse the paper. Such an act, like a certificate of incapacity for work, a sick leave certificate, will be needed to calculate benefits.

Procedure for conducting an accident investigation

When starting an investigation, the commission carries out various actions aimed at identifying all the details of the circumstance. Standard actions are:

interviewing the victim and possible witnesses;
a thorough inspection of the scene of the incident;
attracting third-party specialists with a narrow profile;
collection of information and documents related to labor protection.

Of course, other actions may be performed at the discretion of the inspectors. The main thing is that they are aimed at a high-quality and reliable investigation. After all the procedures have been completed, the members of the inspection team come to a common conclusion. Experts determine under what circumstances the incident occurred, who is at fault and what injuries the employee received, and how guilty the victim is of the incident.

All this information is included in the act. Its form is chosen depending on who the victim works. Thus, the standard form that is used when receiving a work injury is N-1. However, if a professional athlete is injured, the report is drawn up in the N-1PS form. Moreover, the document is issued only if the injury occurred during a competition or training.

( Video : “Accident at work. How to recover compensation for moral damage”)

Basic rules for filling out the act

As a rule, the document is drawn up in triplicate.
One is sent to the Social Insurance Fund, one remains with the employer and one is given to the employee. It happens that the case is further investigated by third-party specialists. In this case, the required number of copies is made for each side. There must be complete and reliable information about what happened. If several employees are injured, a separate document is drawn up for each of them. As for the commission, it must consist of at least three people. These can be both employees of the organization and third-party specialists. Often the composition of the review team determines the complexity of a particular case. Members of the commission must carefully understand what happened. They determine the degree of guilt of each employee and identify the circumstances that caused the dangerous situation to arise.

One of the main conditions for the correct execution of a document is the affixing of autographs by all members of the inspection team. Moreover, living signatures must appear on all copies.

Instructions for filling out an industrial accident report

The act in form N-1 consists of several pages.
There should be no difficulties in filling them out, because there are hints under the lines. Thus, the document must have a “header” that contains the name of the company, the position of the manager, his passport details, and the date of registration. Next comes the main part, consisting of eleven points. Each of them must be filled out very carefully. All information entered must be true. If there are any inaccuracies, the document may be invalidated. As a result, an injured employee may not receive the social benefits assigned to him in a timely manner. In this case, the employee has the right to demand compensation for moral damage from the employer. In addition to a detailed description of the accident and the actions of the company’s employees, the commission must draw conclusions. In fact, they determine the degree of guilt of a particular employee.

The final stage involves affixing signatures. If the members of the commission come to a consensus, the document is signed. There are situations when the opinions of the review team members differ. They cannot come to a common conclusion. Thus, a specialist who does not agree with the general opinion must indicate weighty arguments for his decision. Although such situations are extremely rare. Usually, the opinions of each member of the commission are taken into account, which allows us to come to a common conclusion. After the document is signed by the inspectors, it is handed over to the director of the enterprise, who must also sign his autograph here.

What is reflected in the document

The document must take into account the results of an objective and comprehensive investigation of the accident; it cannot be drawn up without real facts. What information is reflected in the document?

The causes of the accident and what circumstances led to it are described.
Those responsible for the incident who violated or failed to create the necessary labor protection conditions at the enterprise are indicated.
It is also necessary to write whether the victims themselves are to blame for the incident. If so, how significant is it?

The sample act will contain several sections that members of the commission must fill out, taking into account the information they received during the investigation:

Indicates when the accident occurred (date, time).
Where did it happen (name of enterprise, company).
Composition of the investigation commission.
Information about the victim. If the report is in Form 4 - several about the victims.
Describes the location of the event and the circumstances that resulted in the accident and injury.
If there are witnesses, you must also indicate them.
Those responsible for the accident are determined.
In the conclusion, the conclusions of the working commission are stated.

How to correctly fill out the N-1 form

To record all the circumstances of an incident at work, a special form is drawn up in Form N-1. It must contain all the points that reveal the circumstances of what happened at the enterprise.

The form must be approved by the supervisor. He puts his signature, date and seal. The document is marked with a serial number. It must be recorded in the company's accounting books.

Attention! The form contains the following information:

Point number one states the date and time when the injury occurred. It is very important to indicate how many hours have passed since the victim began performing the work;
The second column contains the details of the company where the victim is employed. If he is on a business trip and an accident occurs to him at the moment, this item is recorded by the receiving organization;
Column 3 is filled in if you are going on a business trip. In this situation, the actual employer of the victim must be registered:
Paragraph four contains a list of citizens who are members of the accident investigation commission. They are indicated in order, the last name, first name, patronymic, position and place of work are recorded;
Column 5 contains complete information about the victim. They include full name, position, general length of service and other information;
The most important is the sixth point. This includes the dates and characteristics of briefings, internships and safety training;
The seventh paragraph contains a description of the scene of the incident. Its location, dimensions, material from which it is made, and the location of nearby equipment should be described in detail here. It is also important to indicate in this paragraph whether there are harmful factors in the room;
The eighth paragraph contains a detailed description of the accident, what circumstances caused it, where the victim and witnesses were at that time, and how the equipment worked. In addition, there should be the following subparagraphs: 8-1 - type of incident, 8-2 - description of injuries according to a medical report, 8-3 - whether the injured employee was intoxicated or under the influence of drugs, 8-4 - witness information about incident;
The ninth paragraph specifies the frequency of familiarization with the instructions on labor protection and equipment operation;
The tenth paragraph contains a list of officials who, as a result of the investigation, were found guilty of the ongoing event.

Storage

The management of enterprises where accidents occur should be responsible for saving the investigation reports drawn up by the commissions.

Such a document, according to the law, has a long shelf life.
According to the norms of the Labor Code of the Russian Federation, an accident investigation report is kept for 45 years.
But in 2010, an order was issued by the Ministry of Culture, according to which the document must be stored for 75 years. The period has been increased. What is the reason for such a long storage period?

How long should records be kept?

The norms of the Labor Code of the Russian Federation require that the safety of acts drawn up at the end of the accident investigation be ensured for a period of 45 years. At the same time, Order No. 558 of the Ministry of Culture dated August 25, 2010 requires the storage of such documents for 75 years, and in some cases indefinitely.

In practice, it is advisable to ensure the safety of such documentation for 75 years or more. This is due to the lack of statute of limitations for investigating work injuries.

Violation of the periods for ensuring the safety of documents may entail punishment in the form of a fine for company officials in the amount of 300 to 500 rubles.

Correctly drawing up accident reports is especially important. Errors in them may result in the victim not receiving any social benefits on time. As a result, the employer may be required by court to pay additional compensation for moral damages to the injured person.

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According to the law, in the event of an accident at work, the employer is obliged to conduct an investigation of the incident and draw up a special report about it. Additional documents must be attached to the report, such as extracts from briefing logs, expert opinions of specialists, medical reports, protocols for interviewing witnesses, a protocol for examining the scene of the incident, etc. A complete list of these documents is contained in the Labor Code of the Russian Federation (Article 229.2).

Investigation requirements

Injuries received not only directly during the performance of work duties, but also those received on the way to work, on the way from work, during a lunch break, should be considered as industrial injuries.
There is a certain classification of work-related injuries resulting from an accident. These include microtraumas and injuries leading to death.
Injuries that lead to temporary disability are divided into mild and severe.
An employer is seriously violating the law if it tries to backdate an accident resulting in injury or death to an employee in order to relieve itself of liability.
If management tries to hide the real circumstances of the accident, the injured employee can seek help from an experienced lawyer. He will be able to defend the interests and rights of the client in case of biased conclusions of the investigation commission.

The injured party will always be able to prove the exact time of the event and seek compensation for damage caused to health. And management caught in deception will be punished with a large fine.

Work injury: consequences for the employer

After all the acts required by law have been drawn up, those responsible for the incident are determined. Based on the investigation, punishment is imposed. In this case, they rely not only on the norms of the Labor Code, but also on the Criminal Code, which determines the measure of responsibility in such cases.

The responsibility of the manager is established by Article 143 of the Criminal Code. The maximum penalty is provided for the death of two or more persons. In this case, the director of the organization may be imprisoned for 5 years. If an employee is seriously injured, the company’s management faces a fine of up to 400,000 rubles. and deprivation of the right to hold office.

Watch the video. What is considered a work injury:

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Receiving payments

If it is proven that the employee has temporarily or permanently lost his ability to work, the employer is obliged to make a number of payments in his favor. This is not only payment for sick leave, but also a one-time benefit, funds for treatment and rehabilitation.

The injured party must prepare a number of documents for this - a statement (according to the established template), a conclusion from a medical commission on the degree of loss of ability to work, a conclusion from a doctor on the type of rehabilitation, and a rehabilitation program. You will also need receipts for payment for treatment and rehabilitation.