Work injury on the way to work. Accident on the way to work, from work, at lunchtime

FEDERATION OF TRADE UNIONS
SAINT PETERSBURG AND LENINGRAD REGION

On the procedure for investigating accidents,
that happened on the way to or from work

We send Recommendations for employers and trade union organizations on the procedure for investigating accidents that occurred on the way to or from work, agreed with regional offices FSS in June 2001 and which are relevant to date, as a non-binding document. No changes or additions have been made so far.

Please also keep in mind that the main documents in matters of investigation of accidents at work are currently: the Labor Code of the Russian Federation (197-FZ, art.227-231 of December 30, 2001) and the decree of the Ministry of Labor and social development RF of October 24, 2002 N 73 "On approval of the forms of documents necessary for the investigation and accounting of industrial accidents, and the Regulations on the features of the investigation of industrial accidents in certain industries and organizations" .

Chairman of the Interregional
Association "Federation of Professional
Unions of St. Petersburg and the Leningrad Region"
V.G.Derbin

Attachment to the letter. Recommendations for employers and trade union organizations on the procedure for investigating accidents that occurred on the way to or from work

Appendix
to LFP's letter
dated 26.08.2005 N 01/40-740

These Recommendations have been developed in the absence of regulatory framework, which defines a clear procedure for investigating accidents that occurred on the way to or from work, as well as in connection with numerous appeals from citizens on the procedure and procedure for paying sick leave that arose as a result of the above cases, to help employers and trade union organizations.

1. In accordance with clauses 10 and 11 of the Regulations on the Social Insurance Fund of the Russian Federation, approved by Decree of the Government of the Russian Federation of February 12, 1994 N 101, the payment of social insurance benefits to employees is carried out through the accounting departments of employers. Responsibility for the correct calculation and spending of state social insurance funds lies with the administration of the insured person represented by the head and chief accountant.

The Social Insurance Commission exercises control over the correct calculation and timely payment of social insurance benefits. According to paragraph 2.2 model provision On the commission (authorized) for social insurance, the commission checks the correctness of the determination by the administration of the enterprise of the right to benefits, the validity of the deprivation or denial of benefits and considers controversial issues on the provision of social insurance benefits between employees and the administration of the enterprise. The commission (authorized) for social insurance does not take decisions on the appointment of benefits for paying a sick leave.

To strengthen control over the accrual and payment of benefits to the administration of the enterprise, it is recommended to appoint responsible persons for the organization of this work, as well as to draw up a statement of appointment and calculation of benefits or an inventory of sick leave certificates presented for payment.

Reason: letter of the FSS of Russia dated 01/25/1995 N 07-30 "On benefits for state social insurance").

2. When clarifying the circumstances of an accident, the causes, time and place of the accident, as well as the state of the victim at the time of the injury, must be established. For this, certificates from medical institutions, materials from internal affairs bodies and other documents, as well as explanations of the victim and testimony of witnesses, can be used.

3. If an accident occurs to an employee at home, on the way to or from work, the benefit is assigned after the circumstances of the accident are clarified, which is organized by the trade union (shop) committee together with the administration of the organization (shop, department, section).

Reason: the requirements of paragraph 105 of the Regulations on the procedure for providing benefits for state social insurance.

4. In case of establishing the fact of an accident on the way to or from work, the sick leave shall be paid at the expense of state social insurance funds in the manner prescribed by the Regulations (approved by the resolution of the Presidium of the All-Union Central Council of Trade Unions of 12.11.1984).

Damage to health is considered an injury on the way to or from work if the accident occurred directly on the way to work or on the way from work to a certain place of destination (not necessarily a place of residence).

During a break on the way (visiting entertainment and other institutions, etc.), an injury or other damage to health received in the future cannot be classified as an injury on the way from work and is classified as an injury at home. It is not considered a break on the way to work and on the way from work a visit kindergarten or nurseries.

5. At the request of the victim, the sick leave may indicate the diagnosis (including in the form of a code) and make a note about the scene of the incident.

In cases where the injury that caused temporary disability was the result of alcohol or drug intoxication, a certificate of incapacity for work is issued with an appropriate mark and is not payable at the expense of state social insurance.

Reason: letter of the Ministry of Health and Care of the Russian Federation of 04.01.1996 N 2510 / 15-96-27, FSS of 05.01.1996 N 07-728 and the requirement of clause 2.10 of the Instruction on the procedure for issuing documents certifying temporary disability of citizens (Decree of the Ministry of Justice of the Russian Federation N 713 of 28.10 .1994), as amended on 06/24/1998, approved by order of the Ministry of Health of the Russian Federation of 10/19/1994 N 206 and resolution of the FSS of Russia of 10/19/1994 N 21.

6. If the victim applied for medical care not immediately, i.e. not on the day of the injury, then in order to consider the issue of paying the disability certificate, it is necessary to obtain appropriate written explanations from the victim and witnesses (if any).

7. After clarification of the circumstances of the accident, the administration (employer) of the organization draws up an act of any form (the recommended form is attached) and submits it to the commission (authorized) for social insurance for consideration.

The Social Insurance Commission (authorized person) submits to the administration an extract from the protocol on the classification of the accident. The act of investigation and an extract from the protocol are attached to the materials of the investigation and are kept together with a certificate of temporary incapacity for work. The decision on the appointment and payment of benefits is made by the administration.

Appendix. The act of investigating an accident that occurred on the way to work (from work)

(last name, first name, patronymic and year of birth of the victim)
2. Place of work
3. The commission that conducted the investigation (also indicate eyewitnesses to the accident)
4. Date and time of the event
5. Circumstances of the accident
6. Place of accident and causes of the accident
7. Medical report on damage to health.
8. Conclusions of the commission
9. Signatures of members of the commission.
eleven*. List of attached materials.

_______________
* Paragraph numbering is given in accordance with the official text of the document.

List of used documents

1. Labor Code of the Russian Federation (as amended and supplemented).

2. Decree of the Council of Ministers of the USSR of 23.02.1984 N 191 "On State Social Insurance Benefits" (as amended on March 17, 2000), as amended by: Resolution of the Council of Ministers of the RSFSR and the FNPR of the RSFSR of July 22, 1991 N 405. Letter from the Social Security Fund Russian Federation dated March 17, 2000 N 02-18 / 05-1335.

3. Decree of the Presidium of the All-Union Central Council of Trade Unions of November 12, 1984 N 13-6 "On approval of the Regulations on the procedure for providing benefits for state social insurance and amendments to the Instructions of the All-Union Central Council of Trade Unions and the People's Commissariat of Health of the USSR on the procedure for issuing sick leave to the insured" (as amended on March 17, 2000) .

4. Letter of the FSS of Russia dated 01/25/1995 N 07-30 "On state social insurance benefits" (valid to the extent that it does not contradict the resolution of the Social Insurance Fund of the Russian Federation dated 09/05/1997 N 71).

5. Model regulation on the commission (authorized) for social insurance, approved. by resolution of the FSS of Russia dated 15.07.1994 N 556a.

6. Instructions on the procedure for issuing documents certifying temporary disability of citizens (Ministry of Justice of the Russian Federation N 713 of 10/28/1994), as amended on June 24, 1998, approved. by order of the Ministry of Health of Russia dated 10/19/1994 N 206, by resolution of the FSS of Russia dated 10/19/1994 N 21.


AGREED
Manager of St. Petersburg
regional office
RF Social Insurance Fund
L.P. Deeva

Manager of the Leningrad Regional
branch of the Social Insurance Fund of the Russian Federation
15.06.2001
G.M. Matsko



The text of the document is verified by:
"Official documents
Northwest".
Weekly newspaper supplement
"Accounting, taxes, law - North-West",
No. 33, September 13-19, 2005

By the way, this applies both to the direction towards work, and to the way from it. A work-related injury on the way to work may occur during a business trip, which is also subject to investigation. Labor Code The Russian Federation regulates a round-trip business trip as a way to work. In this situation, a trip is recognized both on official transport and on public transport. According to the Labor Code of the Russian Federation, the corresponding injury on the way to work is regulated by Art. 227, and in particular paragraph 3. Conventionally, they can be divided into the following types:

• Injuries. This list includes various injuries, while the damage that arose as a result of the actions of other persons is also taken into account;
• Other damage.

Injury on the way to work

It should be remembered that the change of partners must be carried out in an official manner by setting appropriate marks in a special journal. At the same time, the exact duration of the shift should be fixed in the current employment contract employee, as well as in certain internal regulations of the company;

• if a citizen has received certain injuries during the performance of his duty to eliminate the consequences of an accident at work or other emergencies.

Work injuries can be divided into several main categories:

• all injuries of the body and skin of varying severity,
• burns, electric shock,
• burns, water intrusion into the lungs,
• insect bites, animal attacks,
• other types of damage, the result of which was a partial or complete loss of a citizen's ability to work.

Work injury on the way to work

In order to establish the presence of an industrial injury, a citizen must first undergo all the necessary examinations. Without appropriate medical reports, the employee will not be able to qualify for the envisaged benefits and due compensation.

Getting physically injured while sending an employee to his workplace Great amount citizens do not live near their place of work. That is why they regularly have to use one or even several types public transport in order to get to the organization on time.

Important

Some prefer to do this in their own personal vehicle, others use a company car. The latter option must first be specified in the employment contract or in a separate provision.

If an employee was hit by a car and she broke her arm, then the manager will consider this situation as an accident, and this will be a household injury, not a work injury. But if an employee travels by official or personal transport or personal and breaks her arm, then the Labor Code of the Russian Federation reports that such an injury is considered industrial.
The same can be said about the accident on the way to work and on the way home. As mentioned above, the Labor Code of the Russian Federation provides for the recognition of industrial damage in the event of certain conditions for using a car.
And if there was an accident and the employee broke her arm, falling under a car, moving on foot, then the situation will not be production.
These, in particular, include temporary disability benefits, which are paid for the entire period of temporary disability of the insured until his recovery or the establishment of a permanent loss of professional ability to work in the amount of 100% of his average earnings, calculated in accordance with Law N 255-FZ (Article 9 Law N 125-FZ). Article 15 of Law N 125-FZ provides that the appointment and payment of temporary disability benefits to the insured in connection with an accident at work or an occupational disease are carried out in the manner established by law of the Russian Federation for the appointment and payment of temporary disability benefits for state social insurance. The procedure for calculating average earnings for calculating temporary disability benefits is established in Art. 14 of Law N 255-FZ, as well as in Regulation N 375.

Is an injury on the way to work considered a work injury?

The same applies to a work-related injury on the way from work, and both incidents must be recorded and properly filed. The terms for the investigation of accidents at work are established by Art.

229.1

Attention

TC RF:

• If the employee received minor injuries, then 3 days are given for consideration.
• If a serious injury has been received, then 15 days are allotted for investigation.

Employees of the labor inspectorate may be involved in the investigation of an accident. Their duties include identifying and identifying witnesses to the incident; persons who violated labor protection requirements; obtaining explanations from the injured employee and the necessary information from his employer.

What documents should be issued during the investigation of the incident:

• Order on the composition of the commission.

Getting injured on the way to work

It should be noted that even with non-occupational injury, sick leave the employee must be paid in accordance with the established procedure. What to do if the employer does not pay the required compensation? After carrying out all the necessary measures related to the investigation of the circumstances of the employee's injury at work, the manager must appoint appropriate compensation payments.

Their size is set to individually, depending on the specific features what happened, as well as from other additional nuances. All payments must be made officially, through the FSS branch. In the event that the head delays the payment of the due compensation, the citizen will have the legal right to apply to authorized organizations: Labor Inspectorate or directly to a court.
An audit found that he was not at fault in the incident. After the medical examination Sergeev A.V. concussion was diagnosed. He applied to his employer in order to receive appropriate compensation for the treatment he had received. However, the director quite rightly refused him. Due to the fact that the car was not official and was not registered in the employee's employment contract or in other documents of the company, the person responsible for the accident should bear responsibility for causing physical harm.

All material costs must be borne by insurance company. What compensation can an employee who has received a work injury receive? An employee whose health has been harmed at work is likely to need follow-up treatment.

Its scheme will depend on the degree of harm caused and the severity of the damage.
It should be noted that the obligation to conduct an investigation will not be removed from the head even if the employee himself does not insist on this event. If the employer does not take the initiative and tries to forget what happened, such actions can be regarded by the authorized body as a deliberate concealment of an emergency at work. If during the investigation it turns out that the injury received by the employee is not work-related, the manager must still take care of compiling the following important documents:

• a written explanation from your employee, which will indicate important details of what happened. This also includes the official testimony of witnesses who saw the important circumstances of the employee's injury.

In the application, the employee must indicate the reasons why he believes that the injury is related to production. Materials of the investigation of cases related to production are sent to the authorities specified in Article 230 of the Labor Code of the Russian Federation.

Injury on the way to work not related to production If, as a result of the investigation, the commission finds that this case is not related to production, then an act is drawn up in an arbitrary form, and Act N-1 is not drawn up. Forms of documents for the investigation of such injuries Russian legislation are not provided, but can be determined by local documents of the employer.

In the absence of a statement from the injured employee, the employer, based on information received from the medical institution, may conduct its own investigation.

How is sick leave paid for an injury sustained on the way home from work? and got the best answer

Answer from Lohengrin[guru]
In accordance with Art. 229 of the Labor Code of the Russian Federation are investigated and accounted for as accidents at work: among others, an injury if it occurred during the working day on the territory of the organization, when traveling to or from work in transport provided by the employer, or in personal transport in case use of the specified transport for production purposes by order of the employer or by agreement of the parties.
If an accident occurred to an employee not at work, but under other circumstances (for example, on the way to or from work), the clarification of its circumstances can be carried out (at the suggestion of the head of the organization in which the victim works) by the social insurance commission, a specially created commission consisting of representatives of the employer and employees, etc.
Based on the collected documents and materials, the commission establishes the circumstances and causes of the accident, determines whether the victim at the time of the accident was associated with production activities the employer and whether his presence at the scene of the incident was explained by the performance of his labor duties, after which he qualifies the accident as an accident at work or as an accident not related to production. In the latter case, it is formalized by an act of arbitrary form.
An accident at work is an event as a result of which a person is injured or otherwise injured in the performance of his/her work duties. Such an event can occur both on the territory of the insured and outside it.
accident within federal law dated 07/24/1998 N125-FZ "On compulsory social insurance against accidents at work and occupational diseases» an event that occurred while traveling to or from work on the employer's transport is also recognized.
If the employee was injured while driving to or from work by public or private transport, such a case is not recognized as insurance. In such a situation, the period of temporary disability is paid to the employee on a general basis. According to Art. 8 of the Federal Law of December 29, 2004 No. 202-FZ, temporary disability benefits due to illness or injury (on the way to or from work, domestic injury) are paid to the insured for the first two days of disability at the expense of the employer, from the third day of temporary disability - at the expense of the FSS of the Russian Federation.

Answer from Love[guru]
Now, both industrial and production-related, and domestic injuries are paid the same way, like any sick leave.

Answer from Victor[guru]
Work injury for sure.

Answer from 3 answers[guru]

Hey! Here is a selection of topics with answers to your question: how is sick leave paid for an injury received on the way from work?

If a person went to work on foot and fell in front of the entrance, while being injured, then most likely this will not be related to production. Such cases are the majority and the employer is not obliged to investigate and take them into account. but an investigation may still be carried out if the case shows signs of injury at work.

Any injury sustained by an employee on the way to or from work, associated with total or partial disability should be considered separately.

Accident while traveling to the place of work related to production

Primarily, qualification of the case as related to production determined in accordance with 125-FZ of July 24, 1998 (Article 3).

Injury on the way to work could be considered work-related, if:

1. The worker went to the place of work official transport, or by personal transport, if it is provided (by contract) with the employer;
2. The employee performed the instructions of the employer;
3. The employee was on the territory belonging to the enterprise;
4. The incident happened during business hours.

The investigation of such cases is carried out on the basis of Art. 227-231 of the Labor Code of the Russian Federation and in accordance with Decree 73 of January 24, 2002 No. The resolution defines the procedure for the investigation, as well as all the main forms of documents, which must be issued or obtained during the investigation of the case.

The timing of the investigation and the exact list of documents will depend on the conclusion medical institution. Only specialists can give an opinion on the severity of the injury received by the employee.

A minor injury is investigated within 3 days, a severe one within 15 days. Anyway, During the investigation, the following documents must be drawn up:

1. An order that determines the composition of the commission to investigate the case;
2. Document on the inspection of the scene - protocol (form 7);
3. Scheme of the scene;
4. Minutes of the interview of the victim and eyewitnesses, if any (form 6);
5. Conclusion on the severity of the injury;
6. Help about weather conditions;
7. The results of a medical examination of the victim (the presence of alcohol or drugs in his blood);
8. The final minutes of the meeting of the commission to investigate the case, which will outline the main conclusions: recognition of the case as related or not related to production, preventive measures, etc.;
9. A note in the log of registration and accounting of industrial accidents.

If an injury is received on the way to work, then an investigation can be carried out on the basis of the statement of the victim (his representative) and the conclusion of the medical institution on the severity of the injury. In the application, the employee must indicate the reasons why he believes that the injury is related to production.

Materials of the investigation of cases related to production are sent to the authorities specified in Article 230 of the Labor Code of the Russian Federation.

Non-work related injury on the way to work

If, as a result of the investigation, the commission finds that this case is not related to the production, then an act is drawn up in an arbitrary form, and the N-1 Act is not drawn up. Forms of documents for the investigation of such injuries are not provided for by Russian law., but can be determined by local documents of the employer itself.

In the absence of a statement from the injured employee, the employer, based on information received from the medical institution, may conduct its own investigation. But in any case, the following documents must be drawn up:

• explanations of the injured employee and eyewitnesses about the incident;
• certificate of incapacity for work (sick leave);
• an act in any form about a traumatic event not related to production.

One of which is treated as an accident at work.

However, some employers find it difficult to choose the wording when it comes to an injury received by an employee on the way to work or in the opposite direction - on the way home from work.

Is an injury sustained on the way from home to work an occupational injury?

Each case related to the infliction of harm to health at the enterprise must be registered and subject to registration by the employer, the Labor Inspectorate and other law enforcement agencies, if required by the procedure.

The fundamental document in the case under investigation is an act drawn up in the form H-1.

This paper confirms the fact of the onset of the National Assembly, and also contains an expert opinion and conclusions of the commission.

One of the points of the act that must be filled out is an indication of the cause of the incident. The grounds for the investigation are the following circumstances, which are provided normative documents(Article 230 of the Labor Code of the Russian Federation, clause 26 of Resolution No. 73):

• falling from a height of one's own height or when performing work at height;
• exposure to electric current, excessive temperatures, harmful substances;
• neuro-psychological, physical overload;
• damage from contact with animals and other units;
• collapse of materials and other structures, collapses of the earth, foundation;
• exposure to moving objects;
• murder;
• drowning;
• the impact of natural disasters.

Non-standard circumstances cannot arise on their own; for this, appropriate conditions must be created under which the National Assembly is qualified as a production one.

An injury is considered work-related if it is received in the performance of official duties:

• on the territory of the enterprise;
• at or near the workplace;
• outside the territory of the employer (business trip, road along the route and in the opposite direction, regardless of the method of movement, but specified in the collective agreement).

Also, an industrial injury is an injury received during the performance of official duties:

• when executing the instructions of the employer in his interests;
• when preventing emergencies, accidents, catastrophes, if safety precautions are not violated;
• during inter-shift rest;
• on the way to work by using corporate or personal vehicles at the direction of the head.

So, the types of incidents are enough to qualify the resulting injuries and classify them as industrial injuries.

In order to be able to qualify the fact of injuries on the way to work as damage to health received at the enterprise, one of the above conditions must be met. All other circumstances not specified in Article 227 of the Labor Code of the Russian Federation are classified as domestic injuries.

Is an accident at lunchtime considered a work accident or not?

The legislation does not give a clear answer whether an injury received at the workplace, but during lunch or technical break because it did not take place at the scheduled time.

The Labor Code qualifies the resulting injury as a work injury if it occurred as a result of an accident during working hours on the territory of the employer, including during the stipulated lunch breaks or the performance of other work approved by the internal labor regulations.

There are two key points here:

• workplace;
• territory owned by the employer.

It is these indicators that are the basis for qualifying an injury as a work injury.

In addition, if an employee ate in a canteen owned by the employer and got poisoned, then the situation will also be attributed to an industrial injury.

Internal local acts establish the mode of operation of the organization, including the duration and number of technical and lunch breaks.

Only at this time the injury will be recognized as work-related.

Unauthorized smoke breaks and breaks not provided for by the internal regulations, or being outside the employer's territory at that moment will not be considered an industrial accident.

In enterprises where it is impossible to allocate a specific period of time allotted for a lunch break, executive must ensure the possibility of eating at the workplace during working hours.

What are the features of the investigation?

An injury on the way to work and vice versa - on the way home is considered to be an industrial injury if it was received while driving a company or personal vehicle used for work purposes, or when moving on foot to fulfill the instructions of the head.

In any case, the incident must be reflected in the relevant documents:

• an order to convene a commission;
• , drawing up schemes;
• obtaining a forensic medical opinion on the category of injuries caused;
• conclusion of the commission in the form H-1;
• notification to the authorized bodies in the form H-8.
• if necessary, additional examinations are ordered, for example, for the presence of toxic substances in the body.

The terms for investigating accidents are regulated by Article 229.1 of the Labor Code of the Russian Federation:

• 3 days are allotted to deal with situations with mild consequences;
• 15 days if a serious injury is received.

Employees of the Labor Inspectorate are involved in the investigation of injuries on the way to work or home, if necessary.

Their tasks include establishing the circle of persons involved in the incident, interviewing witnesses, identifying violations of labor protection requirements that led to industrial injuries.