Injury at work in 2020-2021: what to do?

Notification procedure: to whom and when to send

First, you need to understand what exactly the legislator means by an accident at work. Usually this is the occurrence of a situation as a result of which a person received:

• any physical damage;
• frostbite of any parts of the body;
• burns;
• electric shock;
• drowning;
• falling from height;
• poisoning by gas or other chemicals.

Such situations can arise as a result of accidents, natural disasters, and, worst of all, careless actions of the victims themselves or violations of safety regulations. Such injuries can vary in severity: from minor injuries, after which the employee does not even need to take sick leave, to the most severe consequences - the death of the victim. There may be one or several injured persons. It is not necessary to determine the extent of injuries at your own discretion. The severity of the accident - mild or severe - is established only on the basis of the Appendix to the order of the Ministry of Health and Social Development of Russia dated February 24, 2005 N 160

According to the law, it is necessary to inform government agencies about all such incidents, but the list of departments, as well as deadlines, vary significantly. For clarity, we have collected them in a table:

From this table it is obvious that it is always necessary to notify the territorial offices of the Social Insurance Fund about everything, because an accident at work is insured and entails payments to employees or their relatives. This is exactly what the special form for notification of an industrial accident is intended for.

Conditions under which payments are due

All cases at work that result in injury to an employee or death are subject to serious investigation by commissions created from officials of the institution and the labor inspectorate. The following may apply for compensation:

1. Those undergoing industrial training or training.
2. Mentally ill persons undergoing occupational therapy.
3. People held accountable and given hours of compulsory work.
4. Those carrying labor duties as guilty of an administrative offense.
5. Individual entrepreneurs and farmers running their own farms.
6. A contract worker in the role of a permanent employee, part-time, or carrying out instructions from management on a one-time basis.

Resulting health damage falls into the insurance category if:

• occurred on the territory of the enterprise during the performance of labor obligations;
• The incident happened while traveling to work in a company car.

If the employment relationship is not fixed by contract, then it will be more difficult to achieve compensation. In court, you will have to prove the existence of a relationship.

Form of notification to be sent to the FSS

The notification of an accident (form 1) was approved by Decree of the Ministry of Labor of Russia dated October 24, 2002 N 73 (as amended on November 14, 2016). It is this form that employers need to fill out in order to notify the territorial office of the Social Insurance Fund and the State Labor Inspectorate. So, in the approved form you must indicate:

• name of the organization or full name of the individual entrepreneur;
• legal address and actual location of the unit where the injury occurred;
• brief circumstances of what happened: date and time;
• Full name of the victim or victims;
• the position of the victim and the type of work he was performing at the time of the incident;
• number of victims;
• Full name and position of the authorized person of the organization who filled out the document.

This form is used both for single accidents and for group accidents. To be completed for each situation, regardless of the number of affected persons. After receiving Form 1, an employee of the FSS of Russia must sign it, as well as indicate his data and the date of receipt of the notice. A completed non-fatal group accident notice (Form 1) should look something like this:

What can an employer face as a result of an injury?

Based on the results of an investigation into the cause of an employee’s injury, the employer (its officials) may be subject to:

• Disciplinary punishment in the form of a reprimand, reprimand or dismissal;
• Administrative punishment;
• Criminal punishment.

If, as a result of the investigation and possible subsequent inspection of the accident, a violation of labor protection rules is established, he may be subject to penalties under Art. 5.27.1 Code of Administrative Offenses of the Russian Federation. In this case, he faces fines:

• For legal entities from 50,000 to 80,000 rubles;
• For entrepreneurs from 2,000 to 5,000 rubles;
• Officials can pay from 2,000 to 5,000 rubles.

In addition, this article provides for other consequences for the employer for violating the rules of special assessment and allowing an employee to work without instructions.

In case of serious injury to an employee through the fault of the employer, criminal liability measures may be applied (Article 143 of the Criminal Code of the Russian Federation):

• Fine up to 400,000 rubles. or the income of the guilty person for a period of up to 18 months;
• Correctional labor for a period of up to 2 years;
• Imprisonment for up to 1 year.

If the injury results in death, the company official is subject to harsher penalties.

Procedure for filling out form 1

Although there is nothing complicated in filling out the notice, we will analyze in detail the procedure for filling it out step by step.

Step 1. Fill in the name and full details of the employing organization. You must provide an address (with zip code) and telephone number.

Step 2 . We indicate the date of the incident and the exact time when it occurred, down to the minutes. You also need to indicate the type of activity, according to OKVED, that the victims performed. It is imperative to indicate the exact location where the accident occurred.

Step 3. We indicate the number of victims, and also highlight the number of dead people. If there are no deaths, we report it.

Step 4. We indicate the full details of the workers who were injured: full name, position, working conditions, qualifications, age, personnel number. For each employee separately.

Step 5. Enter the nature and severity of injuries received by workers. Separately for each person.

Step 6. After this, filling out the form is completed, and you only need to enter the surname and initials of the authorized person who filled out the form, as well as the exact time and date of its completion. Below is a line to be filled in by the person who will receive the notification from the authorized body.

You can download the accident notice (Form 1) at the end of this article. You can submit the completed notice to the FSS of Russia and other authorities in any convenient way:

• bring in person or by courier;
• send by telegraph;
• send by telephone message.

The fact of transmission of the notification must be recorded indicating the exact time. This document can be sent by mail only if it is delivered to the addressee within the prescribed time frame. When sending a document in the form of a telephone message, it must be duplicated by mail on the prescribed form.

PROCEDURE FOR NOTIFYING MINOR ACCIDENTS

In the event of a minor accident, you need to send a message to the executive body of the insurer on issues of compulsory social insurance against accidents at work and occupational diseases at the place of registration of the employer as an insurer (hereinafter referred to as the Social Insurance Fund).

The form of such a message is approved by Order of the Social Insurance Fund[2] dated August 24, 2000 No. 1574 (see below for an example of filling). It states:

1) information about the organization - name, type of economic activity, registration number in the Social Insurance Fund;

2) date, time, place and circumstances of the incident;

3) details of the victim: last name, first name, patronymic, age, profession (position);

4) type of labor relationship;

5) the name of the person transmitting the notice, the time and date of transmission.

Important!

In this and other forms, all interlinear references, links and other details in message and notice forms must be preserved and comply with the approved forms.

Responsibility for evading notification

If the employer does not report to the FSS of Russia about an insured event with the insured person (caused by an accident), he will have to bear administrative liability under Article 15.34 of the Code of Administrative Offenses of the Russian Federation. The sanctions of this article provide for a fine in the amount of:

• for legal entities - from 5,000 to 10,000 rubles;
• for officials - from 500 to 1,000 rubles;
• for citizens - from 300 to 500 rubles.

Obviously, for the accident itself, indicated in the notice, the employer may also be held liable, even criminally, if his fault in the incident is discovered. But that is another story.

Responsibility

Now regarding responsibility before the law. In accordance with Federal Law No. 125, the employer is obliged to compensate for injuries received by an employee if they were received as a result of an insured event. If information about an incident is deliberately concealed, then when it is revealed, sanctions in the form of a fine are imposed on management. They are provided by the Code of Administrative Offenses of the Russian Federation (Article 15.34), which establishes the following amount:

• citizens: 300-500 rubles;
• employees: 500-1000 rubles;
• company: 5000-10000 rub.

The Code of Administrative Offenses of the Russian Federation also regulates those accidents in which the employer intentionally did not comply with regulations and safety precautions. As a rule, such details are revealed during a special investigation, within the framework of which a special commission is organized. The fines for such cases are as follows:

• officials: 1000-5000 rubles;
• entrepreneurs: 1000-5000 rubles, including a ban on activity for 90 days;
• organization: 30,000-50,000 rubles, as well as termination of activities for up to 90 days.

The suspension of the work of a legal entity is due to the presence of an investigation, the result of which will be the final decision of the commission. As a rule, it always definitively and officially determines the culprit of the incident, and is also the basis for the application of more stringent sanctions. These include:

1. In the event of a violation of safety standards, which results in serious injury to an employee, the person responsible will be fined. Its volume can reach about 200,000 rubles. If the case is particularly serious - imprisonment in prison.
2. When violations cause the death of an employee, a criminal case is initiated, in which the maximum punishment for the guilty person may be imprisonment.
3. If both persons are at fault: the employee and the employer, the fault of the first person will be recorded in a specific percentage of 100%. This procedure is ensured by Federal Law No. 125 and is necessary for the correct formation of compensation. It is also worth noting that the employee’s fault cannot exceed 25% of the total share, which means - in accordance with the law - the employer’s fault in such situations is always around 75%. The amount of compensation paid in such an outcome depends directly on the amount of guilt.

As a result: it is more profitable for the employer to notify all the necessary authorities in a timely manner. This will preserve the company’s budget, as well as its reputation.

Victim's employer

There are situations when an accident at work occurs to an employee who was sent to your company on a business trip. In this case, you are also required to notify within 24 hours .

Which organizations need to be notified about an industrial accident?

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Types of payments

An employee injured at work has the right to the following payments and compensation:

• benefits due to temporary disability, it is paid in the amount of 100% of average earnings, length of service is not taken into account;
• insurance payment made at a time;
• monthly insurance payments;
• compensation for moral damage caused. It is carried out by the employer on a voluntary basis; the employee also has the right to seek protection of his rights to receive it in court;
• material assistance if 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.

One-time and monthly payments to the victim

The injured person is entitled to a one-time payment and a monthly subsidy. Both types of material resources are accrued from social insurance.

The one-time compensation is transferred no later than 30 days from the date of its assignment. If an employee died as a result of injury to health, then payment is made to dependents who were fully supported by the deceased within 2 days from the moment the organization’s management provides the necessary documentation to the Fund. The amount of payment is determined by the degree of damage to the body and the maximum value of the salary amount. Upon death, the payment is equal to 1 million rubles.

Monthly payments are made until the employee regains the ability to work. The amount depends on the average monthly earnings (plus all salaries and divided by 12) for the previous year before the incident. If an employee has worked for less than a year, the months actually worked are summed up. At the moment, the maximum payment amount should not exceed 30 thousand rubles. per month.

Financial assistance in case of an accident at work

The current labor legislation does not stipulate the employer’s obligation to provide financial assistance to an employee injured while performing work (this does not include mandatory payments). However, a provision for financial support from management may be included in the text of the collective agreement. In such a situation, the employer does not have the right to refuse payment.

It is possible to provide assistance on a one-time basis. Then management issues an order indicating a fixed amount of assistance and its justification. It is worth taking into account the taxation procedure - according to Article 217 of the Tax Code of the Russian Federation, amounts up to 4 thousand rubles. are exempt from the obligation to pay income tax.