An accident to any employee can occur outside the work area. A broken arm or any other bruises or injuries can occur on the way to work. Under such circumstances, would such an injury be considered work-related? What kind of pay can a contingent employee expect? Read more about this.
Work injury on the way to work
To answer this question, you need to refer to Article 227 of the Labor Code of the Russian Federation. In accordance with its provisions, the law recognizes as an industrial injury received outside the place of formal work. The same applies to breaks, business trips, and performance of official assignments at other than workplaces established by the labor agreement.
As for the road to work, one important circumstance must be taken into account: the injury described must have been received while driving. This can be either personal transport that is used for business purposes, or a car that was previously provided by the employer himself. It turns out that an accident, or any other incident on the way to work, can be the cause of work-related injuries, which will then have to be fully compensated by the current employer. All other cases, including walking, are not taken into account.
Is an injury while commuting considered work related?
If public transport or passenger transportation services are used for this, then even if serious injuries are sustained, the employer cannot be forced to compulsory compensation. If he wants to do this of his own free will, then there are no restrictions on this. But there can be no talk of duty here. The government refused to recognize such trauma for the reason that previously, before the introduction of appropriate amendments, a large number of abuses of this situation had been recorded. It was enough to be injured before or after work, and the employer would be faced with a claim for compensation.
It was impossible to refute the fact of injury, even if the employee was not actually going to work. Therefore, starting from 2015, it was decided to make some changes to this disposition. Now, such damage is considered recognized if it occurred only while traveling in a personal/official vehicle. Such injury will be considered industrial.
Injury on the way to work not related to work
Some clarity needs to be brought here. Compensation is not due for every case, but only for those that are confirmed after a departmental investigation. In accordance with the specified article 227 of the Labor Code of the Russian Federation, production management must accept a statement from the injured employee and take the following actions:
- issue a decree on the creation of a departmental commission;
- instruct this commission to establish all factual circumstances;
- connection, if necessary, to law enforcement agencies;
- recording the results of the investigation in a departmental act;
- making a decision on the transfer of compensation.
Important: if an employee was walking to work and, for example, fell into an open sewer manhole, then such damage can be compensated at the independent will of the employer. To do this, it is enough to send an address application addressed to him. In most cases, serious injuries are still compensated, despite the absence of such an obligation on the part of the relevant legislation.
What payments are due to the victim?
If the journey to work is equated to the performance of official duties, then all injuries and any damage received during the journey will be considered work-related. Therefore, after establishing all the factual circumstances, the employee must be provided with two types of compensation:
- an amount that fully covers all formal costs in the rehabilitation process;
- compensation for moral damage.
The limit value can be set by the parties independently or by the court.
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 subject to recording as industrial accidents: among others, an injury if it occurred during the working day on the territory of the organization, when traveling to or from work on transport provided by the employer, or on personal transport in the case use of the specified transport for production purposes by order of the employer or by agreement of the parties.
If an accident occurs to an employee not at work, but under other circumstances (for example, on the way to or from work), clarification of its circumstances can be carried out (at the proposal 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 the employer’s production activities and whether his presence at the scene of the incident was explained by the performance of his work duties, after which he qualifies the accident as an accident at work. production or as an accident not related to production. In the latter case, it is formalized by an act of any form.
An industrial accident is an event as a result of which a person is injured or otherwise damaged while performing his or her job duties. Such an event can occur both on the territory of the policyholder and outside it.
An accident within the framework of the Federal Law of July 24, 1998 N125-FZ “On compulsory social insurance against accidents at work and occupational diseases” is also recognized as an event that occurred while traveling to or from work on the employer’s transport.
If an employee is injured while driving to or from work on public or private transport, such an event is not considered insured. In such a situation, the period of temporary disability is paid to the employee according to general principles. According to Art. 8 of Federal Law No. 202-FZ of December 29, 2004, benefits for temporary disability 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 incapacity at the expense of the employer, from the third day of temporary incapacity - at the expense of the Federal Social Insurance Fund of the Russian Federation.
Answer from Love[guru]
Now, industrial, production-related, and domestic injuries are paid the same, like any sick leave.
Answer from Victor[guru]
Work injury, definitely..))
Answer from 3 answers[guru]
Hello! 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?
Few people know what to do if they are injured on the way to work. And if there is a payment for this, the question becomes even more relevant. An accident can happen suddenly, and no one is immune from it.
If the injury occurred on the way to work, is it related to work?
The citizen went to work and was injured on the way. Is this injury related to work? Is it necessary to conduct an investigation?
When a person is injured on the way to work, it is considered a work-related circumstance. But it would be wrong to call it production.
An official investigation is carried out:
- When the employee traveled on transport provided by the enterprise. It is important that the vehicle is used for business purposes.
- If an employee is injured on a business trip or on the employer’s transport.
- If a driver is injured during a shift change.
- During the elimination of the consequences of a disaster, an accident occurs with an employee.
Local regulations should reflect how to regulate issues between the parties in the event of injury on the way to work.
For example, an employee went into the store after work, and then came out and fell on the porch, breaking her leg. Will this case be classified as production related? No, since she originally visited the store.
Non-work-related injury
If an employee is injured on the way to work, how can one determine whether it was work-related or not? An injury is considered industrial if the employee was on transport provided by the enterprise, but several conditions are taken into account:
- use of a personal car by order of the management of the enterprise, as well as if this information appears in the employment agreement;
- the administration of the enterprise has a copy of the vehicle’s registration certificate;
- The employee's travel is recorded.
If at least one of the conditions is not met, then the injury is classified as domestic.
Normative base
- Ask the victim and eyewitnesses of the incident to write explanatory notes on this matter.
- Create a commission to conduct an investigation. This requires a medical report on the severity.
- After the act in form N-1.
- Sick leave is paid at the expense of the employer if the incident occurred through the fault of the enterprise administration.
The employer's actions are regulated by regulatory documents.
List of documents
To investigate an accident, it is necessary to prepare a list of documents:
- An order for the enterprise, in which an investigation commission is appointed, headed by a chairman. Interested persons cannot be members of the commission.
- Documents from a medical organization regarding the severity of the case.
- Eyewitness testimony and personal explanatory statement from the victim.
- Videos and photographs from the scene of the incident, whenever possible. If the place cannot be left in the same condition in which the accident occurred, then the video materials will not be in demand.
- Information on training, copies of personal cards on the issuance of protective clothing and personal protective equipment.
- The results of a drug test to confirm that the employee was in a normal state.
- Diagram of the place where the accident occurred.
- A document that defines the unfortunate person’s relationship with production.
If necessary, other documents are submitted.
If the injury occurred on a business trip
A work-related injury can occur while on a business trip. If an employee goes on a business trip or is returning back and an accident occurs along the way, then an investigation is inevitable.
A working day on a business trip is identical to the working time spent at the place of work. When an employee acted in the interests of the administration of the enterprise or in personal interests, this will also be taken into account during the investigation.
The conduct of the investigation may vary depending on the circumstances. If the employee was not seconded to a specific organization, then the employees who are in charge of the territory of the facility are included.
The organization's responsibility is to investigate and, among other things:
- you need to notify the insurance service about the incident;
- prepare a report on what happened;
- send a notification to the employer for whom the victim works if the injury has serious consequences (permanent disability or death, and also occurred with several employees at the same time);
- It is necessary to investigate an accident while on a business trip.
Responsibility of the employer when concealing a case
Injury at work is an insured event and the consequences can be compensated in accordance with current legislation. It turns out that the employer is liable if it did not properly investigate the accident. 
This is an article included in the administrative code, on the basis of which penalties are established. Penalties apply for this:
- for ordinary citizens the fine amount is set at 300-500 rubles;
- for employees 500 -1000 rubles;
- for organizational structures 5,000 -10,000 rubles.
Therefore, it is unprofitable to hide such cases so that everything results in unpleasant consequences. In addition, an investigation will be carried out and the organization will need a lot of time, which will entail a lot of unpredictable circumstances affecting the release of finished products.
What payments are due?
If the fact of injury to an employee is confirmed and after an investigation, the first one is entitled to payments from the Social Insurance Fund:
- According to the presentation, since temporary disability has been established.
- One-time and monthly compensations are paid.
- Expenses of funds based on the fact of the incident for professional, social or medical rehabilitation are reimbursed.
If an employee is injured as a result of an injury at work, then he is entitled to payment of wages in full, and length of service does not affect the amount. The benefit is paid until the ability to work is restored. Payments per month do not exceed 4 benefits established by the Social Insurance Fund. If earnings are exceeded, the maximum benefit may be paid.
The size depends on the injuries received, which are established on the MSEC. Based on the adopted provision, the maximum amount is established. For some categories, a regional coefficient is paid. When a death occurs, the relatives should receive a million rubles as compensation.
Payment depends on average earnings. In this case, all income previously received by the victim is taken into account, including remuneration under a contract or author’s order.
If benefits are not paid, what to do?
If benefits are not issued, but the citizen received an injury recorded by specialists, then he needs to declare his rights. There is a labor inspectorate for this. Its employees will issue an order and may impose a fine for violations.
If this does not help, then every citizen has the right to go to court. The court will make a decision on the illegality of the actions, and the benefit will be required to be paid in full. According to the law, the employee must receive.
Watch this video about an injury on the way to work:
Form for receiving a question, write yours
FEDERATION OF TRADE UNIONS
ST. PETERSBURG AND LENINGRAD REGION
On the procedure for investigating accidents,
incidents on the way to or from work
We are sending Recommendations for employers and trade union organizations on the procedure for investigating accidents that occur on the way to or from work, agreed upon with the regional offices of the Social Insurance Fund in June 2001 and which are still relevant today, as a recommendation document. To date, no changes or additions have been made to them.
Please also keep in mind that the main documents in the investigation of industrial accidents are currently: the Labor Code of the Russian Federation (197-FZ, Art. 227-231 of December 30, 2001) and the resolution of the Ministry of Labor and Social Development of the Russian Federation dated October 24, 2002 N 73 “On approval of the forms of documents required for the investigation and recording of industrial accidents, and the Regulations on the peculiarities of the investigation of industrial accidents in certain industries and organizations.”
Chairman of the interregional
association "Federation of Professional
Unions of St. Petersburg and Leningrad Region"
V.G. Derbin
Attachment to the letter. Recommendations for employers and trade union organizations on the procedure for investigating accidents that occur on the way to or from work
Application
to LFP's letter
dated 08/26/2005 N 01/40-740
These Recommendations have been developed in connection with the lack of a regulatory framework that defines a clear procedure for investigating accidents that occur on the way to or from work, as well as in connection with numerous requests from citizens regarding the procedure and procedure for paying sick leave certificates that arose as a result of the above cases, to help employers and trade union organizations.
1. In accordance with paragraphs 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 dated 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 accrual and expenditure of state social insurance funds rests with the administration of the policyholder represented by the manager and chief accountant.
The Social Insurance Commission monitors the correct calculation and timely payment of social insurance benefits. According to clause 2.2 of the Model Regulations on the Commission (Commissioner) for Social Insurance, the commission checks the correctness of the enterprise administration's determination of the right to benefits, the validity of deprivation or refusal of benefits, and considers controversial issues regarding the provision of social insurance benefits between employees and the administration of the enterprise. The social insurance commission (commissioner) does not make decisions on the assignment of benefits for paying for a certificate of incapacity for work.
To strengthen control over the accrual and payment of benefits, it is recommended that the enterprise administration appoint responsible persons for organizing this work, as well as draw up a statement of assignment and calculation of benefits or an inventory of sick leave certificates presented for payment.
Reason: letter of the Federal Social Insurance Fund of Russia dated January 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 incident, as well as the condition of the victim at the time of injury must be established. For this purpose, 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, site).
Reason: requirements of clause 105 of the Regulations on the procedure for providing benefits for state social insurance.
4. If an accident is established on the way to or from work, the certificate of incapacity for work is subject to payment from 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 dated November 12, 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 destination (not necessarily the place of residence).
During a break during the trip (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. A visit to a kindergarten or nursery is not considered a break on the way to work or on the way from work.
5. At the request of the victim, the certificate of incapacity for work may indicate the diagnosis (including in the form of a code) and make a note about the location 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 the appropriate mark and is not subject to payment from state social insurance funds.
Reason: letter of the Ministry of Health and Labor of the Russian Federation dated 01/04/1996 N 2510/15-96-27, FSS dated 01/05/1996 N 07-728 and the requirement of clause 2.10 of the Instruction on the procedure for issuing documents certifying temporary disability of citizens (Resolution of the Ministry of Justice of the Russian Federation N 713 dated 28.10 .1994), with amendments dated June 24, 1998, approved by order of the Ministry of Health of the Russian Federation dated October 19, 1994 N 206 and resolution of the Federal Social Insurance Fund of Russia dated October 19, 1994 N 21.
6. If the victim did not seek medical help immediately, i.e. not on the day of injury, then in order to consider the issue of paying for a certificate of incapacity for work, it is necessary to obtain appropriate written explanations from the victim and witnesses (if any).
7. After clarifying the circumstances of the accident, the administration (employer) of the organization draws up a free-form report (the recommended form is attached) and submits it for consideration to the commission (authorized) for social insurance.
The Social Insurance Commission (commissioner) provides the administration with an extract from the protocol on the classification of the accident. The investigation report and an extract from the protocol are attached to the investigation materials and are stored together with a certificate of temporary incapacity for work. The decision to assign and pay benefits is made by the administration.
Application. Act of investigation of an accident that occurred on the way to (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 of the accident |
||||
4. Date and time of the event | ||||
5. Circumstances of the accident | ||||
6. Location of the incident and causes of the accident | ||||
7. Medical report on damage to health. | ||||
8. Commission conclusions | ||||
9. Signatures of the commission members. | ||||
eleven*. List of attached materials. | ||||
_______________
* Paragraph numbering is given in accordance with the official text of the document.
List of documents used
1. Code of Labor Laws of the Russian Federation (with amendments and additions).
2. Resolution of the Council of Ministers of the USSR dated February 23, 1984 N 191 “On benefits for state social insurance” (as amended on March 17, 2000), as amended by Resolution of the Council of Ministers of the RSFSR and FNPR of the RSFSR dated July 22, 1991 N 405. Letter of the Social Insurance Fund of the Russian Federation dated March 17, 2000 N 02-18/05-1335.
3. Resolution of the Presidium of the All-Union Central Council of Trade Unions dated 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 Instruction 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 leaves to the insured” (as amended on March 17, 2000) .
4. Letter of the Federal Social Insurance Fund of Russia dated January 25, 1995 N 07-30 “On benefits for state social insurance” (valid to the extent that does not contradict the resolution of the Social Insurance Fund of the Russian Federation dated September 5, 1997 N 71).
5. Model regulations on the commission (authorized) for social insurance, approved. Resolution of the FSS of Russia dated July 15, 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 October 28, 1994), as amended on June 24, 1998, approved. by order of the Ministry of Health of Russia dated October 19, 1994 N 206, by resolution of the Federal Social Insurance Fund of Russia dated October 19, 1994 N 21.
AGREED
Manager of St. Petersburg
regional office
Social Insurance Fund of the Russian Federation
L.P. Deeva
Manager of the Leningrad regional
Department of the Social Insurance Fund of the Russian Federation
15.06.2001
G.M. Matsko
The text of the document is verified according to:
"Official documents
Northwest".
Weekly newspaper supplement
"Accounting, taxes, law - North-West",
N 33, September 13-19, 2005
The Labor Code of the Russian Federation regulates injuries sustained in the workplace, but what should an employer do if a work-related injury occurred on the way to work? Every accident must be considered, regardless of the circumstances.
In particular, a work-related injury on the way home is subject to investigation, and if confirmed, payment is received from the employer.
What is considered a work-related injury while commuting to work?
It’s worth noting right away that the Labor Code of the Russian Federation defines a list of situations in which injuries received on the way to work are considered production-related; this is relevant even in the event of an accident. So, for example, damage on the way to work will be taken into account if the employee used official transport provided by the employer. By the way, this applies to both the direction towards work and the path away from it.
A work-related injury on the way to work may occur during a business trip, which is also subject to investigation. The Labor Code of the Russian Federation regulates a round-trip business trip as a way to work. In this situation, travel on both official transport and public transport is recognized.
According to the Labor Code of the Russian Federation, 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, and damage that occurred as a result of the actions of other persons must also be taken into account;
- Other damage. The employee may suffer other types of injuries, which include damage from radiation, electricity or lightning, as well as burns, heat stroke and even frostbite;
- Animals and insects. This includes any bodily injury, for example, bites inflicted on the way to work;
- Extraordinary circumstances. Work-related injuries can occur due to destruction, natural disasters, accidents or explosions;
- Other damage. They are considered work-related injuries if they caused loss of ability to work (permanent or temporary), require transfer from the main place of activity, as well as injuries with a fatal outcome.
Should an accident on the way to work be investigated?
It is worth considering a situation where an employee, for example, broke her arm on the way to the work area. If an employee was hit by a car and broke her arm, then the manager will consider this situation as an accident, and it will be a domestic injury, not a work injury. But if an employee travels on official or personal transport or personal and breaks her arm, then the Labor Code of the Russian Federation states that such an injury is considered industrial.
The same can be said about road accidents 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 damage as production damage in the case of certain conditions for using the car. But if an accident occurs and an employee breaks her arm after getting hit by a car while walking, then the situation will not be industrial.
Payment for work-related injuries while commuting to work
The Labor Code of the Russian Federation, and in particular Article 227, guarantees that every case of injury is subject to investigation, and if it is confirmed, the employer reimburses the costs - payment for medicines.
A work-related injury on the way to work is not only subject to investigation, but is also considered fully payable:
- Sick leave payment is considered;
- Payment for treatment and payment for rehabilitation are considered.
Of course, the degree of injury, even if it is an accident, is subject to mandatory investigation by a medical and social examination. By the way, in some situations, payment is made exclusively at the expense of the enterprise, without compensation from the Social Insurance Fund.
Industrial injury on the way to work - Labor Code of the Russian Federation
The Labor Code of the Russian Federation guarantees that the corresponding injury to the direction towards work and back is considered valid if it falls under Article 227. When considering the case, the path, place and time of injury must be taken into account. The fact is that if the scene of the incident was the territory of the enterprise, then the treatment will necessarily be paid for. But if an employee breaks her arm on the way home (or after entering the house), then such an incident is not always taken into account and is subject to investigation.
As for another type of movement, if a person was on his way to a business trip, then even an accident in public transport is considered a work-related injury.
None of the employees is insured against accidents, but as stated in the Labor Code of the Russian Federation, every victim has the right to demand compensation for injuries received. If a certain question arises, then legislation, and in particular the Labor Code of the Russian Federation, guarantees consideration of all arising situations.
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