Injury to workers: what workers and employers?

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2018-03-19 00:40:52

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Injuries at work are common in our life phenomenon. Some get it due to their own negligence, others because of the employer. In any case, both employee and employer should be aware that in this situation you need to do. The article offers step-by-step manual injuries for both sides. Timely and correct actions will help to avoid further conflicts, misunderstandings and possible litigation.

Legal basis of the issues of accidents at work

Currently, the Russian Federation, the issues of occupational injuries is regulated by the following legislative acts:

the Legislation of the Russian Federation
  1. The Constitution of the Russian Federation, guaranteeing everyone the right to work in safe and hygienic conditions.
  2. Labor code of the Russian Federation stipulating the procedure for industrial injury and its presentation.
  3. The Decision of the Ministry of labour of Russia № 73 dated 24.10.2002 of the year, the regulatory aspects of conducting a workplace injury and preparation of acts.
  4. Federal law No. 225 dated 29.12.2006 of the year, regulating the issues of compulsory insurance of citizens in temporary disability.
  5. The Order of Ministry of health of the Russian Federation No. 160 dated 24.02.2005 of the year, approving the list of damage that trauma belongs to the category heavy.

What is it?

Injury to workers – this incident, in which the worker suffered physical and moral harm. This may result in temporary or permanent disability, the need to transition to another position, disability, and even death.

Order received on the job injury admitted production, it is necessary to ascertain the place of receipt. For the recognition of the industrial injury, it must meet one or more of the following conditions:

  • Obtained in the territory of the employer in the performance of employee job functions;
  • Occurred during working time, which also included a break for lunch and rest;
  • Not received on the territory of the employer, but in the performance of tasks and instructions of the employer;
  • It happened on the way to work (business trip) or back to the transport of the employer either by private car, which is reflected in the documents of the organization.

If an employee was injured on the way to work by car and use it as a utility is not fixed to any working papers, this injury will be recognized as domestic law.

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The worker actions must be lawful, and it should not be in a state of intoxication, whether by alcohol, toxic or narcotic.

Types of injuries

Under article 227 of the Labor code of the Russian Federation, to cases of occupational injuries are events in which the affected employee (employees) has been received:

  • Bruises, cuts, fractures and other damage to any parts of the body, including damage caused to the employee by another person;
  • Burns;
  • Heat or sunstroke;
  • Drowning;
  • Frostbite;
  • The defeat of radiation, lightning, or electricity;
  • Bites and other injuries which were inflicted by insects or animals;
  • Damage due to the destruction of structures, constructions and buildings, explosions, accidents, natural disasters, earthquakes and other emergencies.
occupational injury

This list is not exhaustive. To industrial injuries in the workplace can be related and other injuries as a result of external factors, in connection with whom the employee has any temporary or permanent disability or death.

Received on the job injury will not be productive if:

  • The injury received by the employee in the Commission of acts (inaction), which are considered law enforcement as a crime;
  • The injury or death occurred in connection with drug, alcohol or other toxic intoxication or poisoning of the employee, if this injury is not related to the technological process that uses any industrial alcohol, narcotic, aromatic and other toxic substances;
  • Death was due to General disease;
  • Death was due to suicide.

All the above facts shall be verified in the manner prescribed by law the medical organisation, bodies of inquiry and investigation or the court. And received a work injury in the production, any of the above incidents being investigated by a special Commission.

Classification of injuries

According to the degree of the harm caused, injuries are divided into 3 types:

  1. Mild damage that does not require treatment to the doctor and do not give rise to serious malfunctions in the body (for example, scratches, abrasions, bruises, etc.). In this case can be limited to outpatient treatment.
  2. Moderate injuries requiring treatment to the doctor and hospital treatment with the opening of the hospital in case of injury on the production for a period of ten to thirty days (e.g., sprains, broken limbs, chilblains, burns, etc.).
  3. Severe damage, resulting in severe (sometimes irreversible) malfunctions of the body and disability, until the disability, for a period of more than thirty days (e.g. traumatic brain injury, serious fractures, heavy bleeding, mental disorders, severe burns, etc.). In addition, separately, there are such kind of a work injury, professional disease, i.e. disruption of the normal functioning of the body, obtained as a result of prolonged exposure to any harmful factors due to which the employer is obliged to suspend an employee from performance of his official duties for a time or permanently.

The First actions of the employer

Step-by-Step instruction with occupational injury in the workplace includes the following steps:

  1. Call the medic to assist the injured worker. If you need to arrange transport for the employee to the nearest medical facility.
  2. To Take the necessary action to prevent the development of an emergency situation.
  3. To secure the scene in order to keep it intact. With the exception of cases when inaction could lead to further development of the accident.
  4. Fix a scene on the photo and hold it the video (if necessary).
  5. To Notify the next of kin of the victim about the incident and also report it to the Union and an insurance company. If affected a few, this list is added to the State labour Inspectorate, Prosecutor's office, the Association of unions and the Executive body of a constituent entity of the Russian Federation.
the Investigation is at an accident

Perform basic actions, the employer must investigate the incident. To do this, create a Commission consisting of three people. According to article 229 of the labour code, the composition of this Committee should include the engineer on labour protection or other person performing those duties; the representative of the employer and the employees ' representative (Union representative).

The result of the investigation, the Commission shall draw up a statement in the prescribed form (form H-1), which reflects all the necessary information, namely:

  1. Sets out the circumstances and causes of the incident.
  2. Reveals the person committing the violation of safety and labor protection requirements.
  3. Determines the extent to which the injury of the worker with his production activity.
  4. A recommendation is made to address the causes and prevent new ones.
  5. What Happened an accident is qualified (whether the injury is industrial or not).
  6. Set the degree of fault of the injured employee's percentage if it is established that injury caused by its negligence.
  7. Documented the investigation materials of the case.

The terms of the investigation of the incident

The investigation into the incident, in which a health worker (or workers) suffered light injuries, is specially created for this Commission, within three days, regardless of the number of victims. If the injury to health caused serious harm or there has been a death, the period of investigation is increased to fifteen days. If the employer were not notified about the accident or the disability occurred in the injured employee immediately, the investigation is carried out only at the request of the victim or his representative within one month. The periods may be extended for another fifteen days if required to carry out additional checks or to obtain appropriate medical or any other conclusion.






Alin Trodden - author of the article, editor
"Hi, I'm Alin Trodden. I write texts, read books, and look for impressions. And I'm not bad at telling you about it. I am always happy to participate in interesting projects."

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