How is a domestic injury different from a work injury?

I tore my ligaments during working hours and the sick leave indicated that it was a work-related injury. How is sick leave paid in this case and how to calculate the amount of payments yourself? If there is a difference in sick leave payments for a work-related injury and an injury received at home.

How is a domestic injury different from a work injury? Temporary disability benefits are calculated in the same way , but compensation for the amount of the benefit comes from different sources - the Social Insurance Fund - from insurance premiums for compulsory insurance for the period of disability and in connection with maternity, or from insurance premiums from the National Social Security and Labor Protection. The distinction is important when the consequences of an injury entail complete or partial loss of ability to work - in the case of a work injury - there will be insurance payments in addition to the pension, but in the case of a household injury - no.

An occupational injury report must be drawn up within 24 hours after the incident in Form N-1. Article 3 of Federal Law N 125-FZ gives the following definition of an industrial accident: this is an event as a result of which the insured person received injury or other damage to health during the performance of his duties under an employment agreement (contract), as well as in other situations established by Law N 125-FZ. Moreover, this must be related to the insured’s temporary or permanent loss of professional ability to work, the need to transfer him to another job, or the death of the employee.

In addition, it is expressly provided that an industrial accident can take place both on the territory of the insured and outside it. In addition, an accident that occurs with the insured persons on the way to or from work on the insured’s transport is qualified as an insurance event.

Comments from our visitors:

my brother was injured at work. at work they said that they would draw up a report; as a result, he spent more than a month on sick leave and was credited with 6,000 rubles, although he receives 5 times more. what to do and where to go?

How does an industrial injury differ from a domestic injury and what

At the same time, according to the Resolution of the Plenum of the Armed Forces of the Russian Federation No. 2, Law No. 125-FZ applies not only to Russians, but also to foreign citizens and Mandatory social insurance against industrial accidents and occupational diseases is regulated by Federal Law No. 125-FZ of July 24, 1998 Federal Law. Cases regarding these social payments are considered in courts of general jurisdiction (clause

• sick leave was issued, but no treatment was prescribed;
• sick leave is extended for a period of more than 30 days without the conclusion of the commission;
• sick leave was issued “retroactively”;
• being injured while the employee was suspended from work without pay;
• the employee is under arrest, including administrative arrest;
• receiving a domestic injury in connection with the commission of a crime;
• receiving a domestic injury during a period of downtime at the enterprise;
• conclusion of a forensic medical examination that the injury does not interfere with the performance of work duties.

Such an injury may be classified as domestic if: 3) An injury acquired during a break may be classified as domestic if: 4) If the employee is injured by another person (during a fight). Such damage can be considered both domestic and industrial. Injuries are one of the common causes of disability and mortality among adults of working age.

Every person has experienced work-related or domestic injuries at least once in their life. It should be noted that the employer is not obliged to pay sick leave to an employee injured in a work accident, since the obligation to pay the employee for loss of earnings lies with Bituah Leumi.

Causes of injuries

The most common causes of work-related injuries include:

• Failure to comply with safety standards and regulations.
• Equipment malfunction or breakdown.
• Poor lighting in workplaces.
• Inappropriate level of qualifications of workers.
• Lack of protective clothing or its non-compliance with safety regulations.
• Unfinished technological process.

Domestic injuries include accidents that caused temporary disability, which occurred during non-working hours due to the negligence of the victim. This situation can happen at home, on the street while walking, or on public transport. Household injuries are the most common because they are associated with the fact that in their free time from work, most people relax and stop following safety rules, especially with sources of electricity in the home.

What is the difference between a worker’s domestic injury and an industrial injury?

At the same time, there are a number of situations in which an accident that occurred at the workplace and during working hours can be recognized as not related to production - accidents due to alcohol (drug, other) intoxication of an employee or the employee committing criminal acts (Part 6 of Art. 229.2 Labor Code of the Russian Federation). The employer is obliged to investigate and record accidents that occur with employees and other persons involved in production activities, while they are performing their job duties or performing any work on behalf of the employer, as well as when carrying out other lawful actions due to labor relations with the employer or committed in his interests, as a result of which the victims received (Article 227 of the Labor Code of the Russian Federation): In addition to payment of temporary disability benefits in the event of an industrial injury, the employee is provided with insurance payments - one-time and monthly, as well as reimbursement of expenses for medical, social and professional rehabilitation ( Art.

8 of Law N 125-FZ). In case of damage to health due to a domestic injury, only payment of temporary disability benefits is carried out in accordance with the general rules for calculating benefits (Articles 4.6, 7, 13 of the Federal Law of December 29, 2006 N 255-FZ “On compulsory social insurance in case of temporary disability and in connection with maternity").

In this case, the amount of the benefit will depend on the insurance period and is limited to the maximum amount.

• — bodily injuries (injuries), including those inflicted by another person;
• - heat stroke, burns, frostbite, drowning;
• — electric shock, lightning, radiation;
• - bites and other bodily injuries caused by animals and insects;
• — damage due to explosions, accidents, destruction of buildings, structures and structures, natural disasters and other emergency circumstances;
• - other health damage caused by external factors.

How is it paid?

Currently, sick leave is payable when an injury occurs, including if the person was drunk. In this case, calculations will be made on the basis of the minimum wage, length of service is not taken into account.

Attention! Payment for sick leave depends on the reasons for which the injury was received, as well as the degree of its severity. If an injured worker misses at least one day of work, he is issued sick leave.

The document can be issued for a different period, for which the Social Insurance Fund of the Russian Federation and the employer will have to make payment. It should be noted that payment is not made if the injury results in disability.

Thus, the employee is only responsible for obtaining sick leave and providing it to the employer.

Industrial and household injury

Hello Dmitry! 1) Household: for you, payment of sick leave from the first day of incapacity for work; For a closed joint-stock company, it pays for sick leave, then receives this amount from the social insurance fund. production: for you - payment from the first day of incapacity for work, compensation for damage to health, including moral damage from the company; For ZAO-sick leave also, the costs of compensation for harm to the employee, including additional expenses. nutrition and treatment. It often happens that an employer and his employee do not want to “dig into paperwork and agree on benefits without drawing up acts and other documents. In this case, the employee injured in the accident is deprived of legislative support in the event of complications or subsequent refusal of compensation by the employer. 2.

I had a work injury! But at work they asked me to design it as a household item! And they promised that they would pay for my treatment!

But in fact, now there has been no action from them! What should I do? After a week of treatment, can I change the household one to the industrial one!? bodily injuries, including those caused by another person; heatstroke; burn; frostbite; drowning; electric shock, lightning, radiation; bites and other bodily injuries caused by animals and insects; damage due to accidents. Responsibilities of the employer in case of an accident Art. 228 Labor Code of the Russian Federation:

• What is a domestic injury and how does it differ from an industrial injury?
• How is a domestic injury paid? What factors are taken into account when calculating the amount?

In this case, an accident at work is considered not only an accident that occurred directly during the work process, but also an incident that occurred while carrying out an order from the employer or on the way to work and back (unless, of course, on the way from work you did not deviate from your usual route, for example, to a restaurant). A sick leave can be issued both for the employee himself and for caring for a sick family member. Read how sick leave is paid in 2021. What is a domestic injury and how does it differ from an industrial injury? A domestic injury is an injury received outside of work. This is how it differs from a work-related injury related to the performance of official duties. A domestic injury does not require an internal investigation. She is recorded in the emergency room, after which a regular sick leave is issued. How is a domestic injury paid? Payment for sick leave for a domestic injury in 2021 is made by the employer within 10 days after receiving sick leave from the employee. There is no need to conduct an investigation or draw up a report. The employer’s responsibility in this case is only to accept documents from the employee and issue temporary disability benefits. If there is a note on the sick leave about violation of the regime (if the reason for the violation of the regime is recognized by the employer as unjustified), the amount of the injury benefit should be reduced. If the disability is a consequence of an accident at work or an occupational disease (exacerbation of this disease), the sick leave certificate submitted by the employee in the line “Cause of disability” should contain the code: Now let's look at what features need to be taken into account by an accountant who calculates temporary disability benefits due to an accident accident at work or occupational disease. The assignment and payment of temporary disability benefits in the event of an industrial injury or occupational disease are made in the same manner as for the payment of benefits in cases not related to an occupational injury (disease). How is a domestic injury different from a work injury? What is the difference between a work-related injury and a domestic injury? What is the difference between a domestic injury and a work-related injury? Temporary disability benefits are calculated the same way.

Forum on Israeli Legislation and Law [June 29, 2003] We all know that life is full of surprises, often not entirely pleasant, and therefore we need to know how to behave in various situations. In addition to injuries received as a result of road traffic accidents, unfortunately, work-related injuries also occur no less rarely. Sick leave is paid for at the expense of the Social Insurance Fund. What factors are taken into account when calculating the amount? The FSS Letter No. 02-18/07-1243 states that to calculate benefits for a domestic injury, the following data will be needed :

• How is a domestic injury different from a work injury?
• What is the difference between a work-related injury and a domestic injury?
• The procedure for paying sick leave for a domestic or work injury in 2021
• What is better for an employee: a work-related injury or a domestic injury?
• Occupational injury and household differences
• statement from the employer;
• a special statement form according to Form 4-FSS of the Russian Federation;
• a receipt confirming payment of the unified social tax during the period of officially confirmed incapacity for work of the employee;
• notarized copies of documents confirming the need for payments from the Social Insurance Fund: medical sheets, certificates.

To calculate it, you need to add up all the payments that the employee received in connection with his work activity. Vacation and sick pay are not taken into account. Annual income is divided by the number of days actually worked over the past year.

Days of vacation, sick leave and absence from work for any reason are excluded.

What documents need to be provided for payment?

To receive sick leave benefits due to a domestic injury, the following documents are required:

• statement from the employer;
• a special statement form according to Form 4-FSS of the Russian Federation;
• a receipt confirming payment of the unified social tax during the period of officially confirmed incapacity for work of the employee;
• notarized copies of documents confirming the need for payments from the Social Insurance Fund: medical sheets, certificates.

Learn more about issuing sick leave for child care here.

How is an industrial or domestic injury determined?

Average earnings for the purpose of calculating payments in connection with an accident are still determined based on earnings for 12 calendar months, and not for 2 years, as Federal Law of December 8, 2010 No. 343-FZ now specifies in relation to sick leave and maternity payments . The amount of the monthly insurance payment is determined as the share of the insured person’s average monthly earnings, which is calculated in accordance with the degree of loss of professional ability. Dear Lyudmila! The Plenum of the Supreme Court of the Russian Federation adopted Resolution No. 2 on March 10, 2001 “On the application by courts of legislation on compulsory social insurance against industrial accidents and occupational diseases,” which answers your question. All injured workers with whom an employment contract or work contract has been concluded (Article 3 of Law No. 125-FZ) have the right to payments for injuries. In the second case, the employer assumed the obligation to pay contributions to the Social Insurance Fund. If he refuses to do this, the victim can obtain compensation by filing a lawsuit against the culprit company. Moreover, according to Resolution of the Plenum of the RF Armed Forces No. 2, Law No. 125-FZ applies not only to Russians, but also to foreign citizens and even stateless persons. The driver, jumping out of a truck, received a comminuted fracture of the phalanges of his left foot, on the second day he went to work and worked the whole day, went to the doctor on the third day and brought sick leave for 15 days, during treatment it turned out that there were complications. I was in a cast for another 1 month and another 1 month under treatment. The company denies the work-related injury and paid as domestic sick leave (worked at the company for 1 year). How can you prove that an injury occurred at work?

Or maybe the sick leave is different in some way?

What factors are taken into account when calculating the amount

How will sick leave be paid? If an employee is injured at work, he is paid a benefit equal to his salary. The established tariffs apply to new employees.

In this case, the maximum payment amount cannot exceed four times the amount of the insurance payment. For example, in 2021 this amount was 240,000 rubles. In the case of a work-related injury, length of service is not a key factor in calculations.

The formula for calculating payment of sick leave for an industrial injury is as follows: Amount of benefit = SZD x CDN, where

• ADD – average daily earnings;
• KDN – number of days of incapacity for work.

Average earnings = Sun/730, where

• VS – all payments to the employee that are taken into account by the Social Insurance Fund;
• 730 – number of days in two years.

The procedure for paying sick leave for a domestic or work injury in 2021

Let us now understand how sick leave is paid for an injury at work. In this case, the employer is obliged to assemble a special commission to conduct an investigation. Based on its results, an act is drawn up. If the fact of a work-related injury is confirmed, then within 10 days after receiving sick leave from the employee, the employer must assign him benefits. A domestic injury is an injury that occurs outside of work.

This is how it differs from a work-related injury related to the performance of official duties. A domestic injury does not require an internal investigation. She is recorded in the emergency room, after which a regular sick leave is issued.

• work under a contract;
• violation of treatment regimen;
• onset of disability due to injury;
• absence of a record of the employee’s health status in the outpatient card;
• the sick leave was issued or extended by an institution that did not have or lost a license;
• sick leave was issued, but no treatment was prescribed;
• sick leave is extended for a period of more than 30 days without the conclusion of the commission;
• sick leave was issued “retroactively”;
• being injured while the employee was suspended from work without pay;
• the employee is under arrest, including administrative arrest;
• receiving a domestic injury in connection with the commission of a crime;
• receiving a domestic injury during a period of downtime at the enterprise;
• conclusion of a forensic medical examination that the injury does not interfere with the performance of work duties.

The law provides for 2 types of injuries - domestic and industrial. In both cases, benefits are paid to the victims, but the amount of payments and the conditions for their assignment differ. Let's look at how sick leave is paid for injuries at home and at work, what documents are required and what affects the amount of payments in both cases.

Cases when payment is refused

Under certain circumstances, sick leave for an injury at work in 2021 may not be paid. This occurs in the following situations:

• work under a contract;
• at the time of injury, the employee was engaged in other activities that were not part of his job duties;
• the employee was intoxicated;
• the employee walked or rode his own or public transport on personal business, and not carrying out instructions from management;
• the injury led to disability.

Find out how to check sick leave by number online in this article https://otdelkadrov.online/6962-provedenie-proverki-bolnichnogo-lista-v-fss-po-nomeru-v-rezhime-onlain

What is the difference between a domestic injury and an industrial injury?

Injury acquired during a corporate holiday . Although the employee was at his workplace, the damage will be classified as domestic, since at that time the victim was not performing official duties, and the injury was received after the end of working hours.

• Severe – injuries leading to loss of ability to work for more than 30 days;
• Moderate severity – in which the ability to work is lost for a period of 10 to 30 days;
• Minor - minor injuries that do not lead to loss of ability to work, only the provision of first necessary aid.

When an employee receives an industrial injury, an act of the established form must be drawn up within 24 hours ; the enterprise administration assembles a commission to determine the causes of the incident and determine the amount of compensation. The commission must consist of at least three people; the presence of a labor protection engineer, a trade union member and an employer representative is mandatory. The employer is appointed as the head.

Almost every person throughout his life has encountered industrial or domestic injuries that lead to disability (exposure to electric current, heat stroke, bodily wounds, bruises). In any such situation, you should definitely seek help from a doctor.

Types of severity

Industrial injuries are usually divided depending on the degree of harm caused, injuries received and the type of damage. An injury at work can be severe or mild.

Severe form

The result of this injury is damage to health that can threaten a person's life.

These consequences include:

• Complex fractures of the human musculoskeletal system.
• An injury that results in the victim experiencing a blood loss of more than 20%.
• The victim's internal organs suffered serious damage.
• The victim has suffered a brain injury (eg stroke, physical injury, etc.).
• The victim fell into a coma.
• NS associated with damage to the human cardiovascular system.
• The victims received burns, including chemical burns.
• The injury is associated with the victim’s loss of hearing, vision, and speech.
• Trauma is associated with serious mental disorders.

Light form

The result of the accident was minor harm to health, which does not threaten human health.

The consequences of NS are the following minor injuries:

• Injury.
• Crick.
• An ordinary fracture.
• Concussion.

Industrial and household injuries

Employees of the Social Insurance Fund, when paying benefits for non-occupational accidents, require that sick leave certificates be accompanied by reports of a special investigation in the NT form. Which body decides on the need to investigate non-occupational accidents (at home, while hunting, as a result of contact with animals, poisoning, etc.)? Industrial and domestic injuries arise as a result of exposure to external factors on the human body, leading to damage to the integrity of tissues , disruption of the normal course of physiological processes. Injuries are one of the common causes of disability and mortality among adults of working age.

By law, an industrial injury is considered to be damage that an employee received during working hours on the territory of the enterprise or while carrying out instructions from management outside it. In addition, an industrial injury will be considered damage received during breaks, overtime, preparation for the start of work, as well as work trips established by the employment contract. Therefore, in such a situation, you categorically cannot agree to the formulation “domestic injury - even under the threat of possible dismissal. The management of your enterprise will probably no longer be able to cheat. If the Social Insurance Fund accepted the notification and your explanations, then they have no choice but to investigate the accident. Another question is that, in collusion with the management of the enterprise, they may try to register the injury as not related to production. the root causes of this phenomenon.

These can be considered not those reasons that directly lead to injuries (for example, low quality equipment, lack of protective equipment, lack of control, low qualifications of personnel - all of them will be discussed below), but those that create the conditions for their occurrence. Antipyretics for children are prescribed by a pediatrician. But there are emergency situations with fever when the child needs to be given medicine immediately. Then the parents take responsibility and use antipyretic drugs.

What is allowed to be given to infants? How can you lower the temperature in older children? What medications are the safest?

What it is

The Labor Code of the Russian Federation describes injuries received during work (industrial) and those that a person receives outside of work. They are considered household ones. According to the law, it does not matter where exactly the injury occurred: at work or during non-working hours.

Bruises and other types of injuries

First aid for this type of injury is to remove the source of current: turn off the electricity or move the wire aside (this is done with a wooden object or use special tools that do not conduct electricity).

Galvanic baths and containers for electrolysis must be covered with lids on top. Vapors are removed into ventilation ducts. Active forced ventilation is installed in the room. Older equipment does not have such protective measures. Workers inhale harmful fumes.

• creating a rational work schedule;
• installation of systems to prevent dangerous situations;
• use of collective protective equipment;
• implementation of safe management of equipment and processes;
• use of automation and remote and digital control;
• replacement of old technology that releases harmful substances with a new, clean one;
• eliminating contact of workers with workpieces, finished products and waste that have a negative effect on the body;
• use of waste-free technologies;
• marking hazardous areas with special colors and warning signs.

Classification of industrial injuries

• correct placement of equipment;
• compliance with transportation standards;
• training in safe working methods;
• fencing hazardous areas;
• creating storage areas;
• all employees have special clothing appropriate to their profession;
• installation of sound and light alarms on all lifting and transport mechanisms.

27 Oct 2021 jurist7sib 15
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Payment and calculation of sick leave for a domestic injury

• The fact of suicide or death due to a general illness has been established;
• The only reason for the incident is alcohol, drug or toxic intoxication;
• If a person was injured while committing a criminal offense. For example, when trying to rob your own place of work.

According to federal law 255-FZ, injury is an insured event, and the victim has the right to receive benefits. Its calculation is no different from the calculation, for example, of sick leave for influenza and ARVI. The Social Insurance Fund does not compensate the employer for the first three days. The attending physician may issue a sick leave certificate for a period not exceeding fifteen days.

After this, to extend sick leave, a conclusion from a medical commission is required, confirming that the victim really needs such long-term treatment, and there is no agreement between the doctor and the patient. For example, an employee slipped and fell on the sales floor. He developed pain in his ankle and consulted a doctor. The doctor fixes the sprain. The employee agrees to the code “domestic injury” on the sick leave certificate, as he considers the leg injury to be insignificant.

But over time, the condition of the ankle worsens and systematic treatment is required.

• The injury was caused during working hours or during a break, at the workplace or somewhere else, provided that the employer’s instructions were carried out;
• The accident occurred before or after work if the employee performed actions to prepare work tools or equipment. For example, if a tractor driver was preparing his tractor to go into the field;
• When moving to or from work on official transport (or personal transport, if it is officially, and there is documentary evidence of this, it is used for official purposes). For example, if the insured event occurred due to an accident in which a company bus with employees was involved along the route;
• On the way to and from a business trip, during business trips around the city. For example, an employee was injured on the way to the airport, from where a flight on a business trip was planned;
• The injury occurred on vacation between shifts while on an air, sea, or river vessel, which is the place of work.

Example . In 2021 yours

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Attention!

Due to recent changes in legislation, the legal information in this article may be out of date! Our lawyer can advise you free of charge - write your question in the form below.