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

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?

What is the difference between a work-related injury and a domestic injury and what

Domestic injuries include injuries not related to work at work, but those that occurred at home, when driving on public roads on personal business, and others. Occupational poisoning is understood as a health disorder resulting from the action of toxic substances when they penetrate into the human body under production conditions. Industrial and domestic injury Visitors to the legal consultation asked 294 questions on the topic “Industrial and domestic injury.”

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

Causes of injuries The most common causes of industrial injuries include:

Failure to comply with safety standards and regulations.
Equipment malfunction or breakdown.

Industrial and household injuries.

What is the difference between a work-related injury and a domestic injury?

N 27-67 “On improving the procedure for investigating non-occupational injuries and measures to reduce them.” In connection with its abolition (Post. of the Secretariat of the All-Russian Central Council of Trade Unions dated September 28, 1989 N 20-47), accidents that occurred on the way to and from work, at home, to the place of business trip and back, were no longer documented by the NT (BT) act.

The only document that remained valid was the Procedure for providing benefits for state social insurance, approved - this is an injury received in an accident at work. In this case, an accident at work is considered not only an accident that occurred directly during, 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 , in a restaurant).

The main “payer” of compensation for damage caused by an industrial accident is

What is the difference between a work-related injury and a domestic injury and what

If this temporary disability document has been received, then the employer is required to pay for the first three days of official excused absence.

The number of days worked in the past year is calculated.

2 How does payment for a domestic injury differ from an industrial injury?
1 What documents are needed to pay for sick leave?
The local social insurance fund is responsible for the rest of the time.
1.2 Payment of sick leave for work injury
1.1 Procedure for paying sick leave for a domestic injury
1.2 Payment of sick leave for work injury
2.1 Read more

What documents are needed to pay for sick leave?

The main part of the payment is borne by the Social Insurance Fund. Only the first three days are paid at the expense of the employer. On the sick leave certificate, the employer is required to indicate the calculation of the average daily earnings, on the basis of which the payment will be based. If the employee’s length of service is one year or more, then payments are calculated for 12 months.

What is the difference between a domestic and work injury?

Is there a difference for me between a domestic injury and a work injury? What kind of injury is considered work-related?

What to do if sick leave for a work-related injury is issued as a domestic injury? working day as a result of an accident between workers' cars while leaving.

Receiving payments and compensation for an industrial injury received during working hours.

I work in Chukotka. In a gold mining artel.

He was injured at work and was taken from the station to the city hospital. Immediately the authorities began to forgive it and register it as a household one.

Which is what they did. I spent a month in the hospital and returned to work; after working for 3 days, complications began and the injury haunted me.

I went back to the city. I want to re-register the injury as a work injury. Can I do it? What to do?

How to re-register for a work injury. Help me please. I am 23 years old.

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

There is no need to conduct an investigation or draw up a report.

I wouldn’t want something to manifest itself as a result of this injury by the age of 30.

The employer’s responsibility in this case is only to accept documents from the employee and issue temporary disability benefits.

Sick leave is paid for at the expense of the Social Insurance Fund. The FSS Letter No. 02-18/07-1243 states that to calculate benefits for a domestic injury, the following data will be needed:

duration of sick leave.
average employee earnings;
length of service in the organization where the person is currently employed;

When calculating average earnings, all payments received by the employee during the last working year are taken into account. This is a salary, as well as bonuses and compensation related to the labor process.

Payments for previous sick leave and vacation pay are not taken into account.

Interesting information The sequence of calculation and payment by an organization of sick leave for a domestic injury is generally not relevant

How is sick leave paid for a domestic injury?

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.

One of the most important indicators is the employee’s total length of service.

The larger it is, the greater the percentage of the average daily earnings he is entitled to:

With 8 or more years of experience - a benefit in the amount of 100% of average earnings;
from 5 to 8 years – 80%;
less than 5 years – 60%.

As already mentioned, the percentage is calculated in the case of a domestic injury. If we are talking about production, the length of service does not matter - 100% of the average daily earnings are paid.

The calculation is carried out for each sick leave separately (if there are several sick leaves by decision of the attending physician or medical commission).

You need to use the formula:

Sick leave amount = Average daily earnings for two years multiplied by the number of sick days.

When calculating the first multiplier you need to remember:

The calculation takes into account the two previous years in relation to the year when the insured event occurred. For example, if an employee is injured in 2021, the years 2021 and 2021 are considered.
Only those accruals from which insurance premiums were paid to the Social Insurance Fund are summed up. Thus, payments for other sick leave and maternity leave are not taken into account. But bonuses and allowances are taken into account.
The total amount for two years is divided by 730. This number is reduced by the number of days for which contributions were not paid (as already mentioned, periods of sick leave, pregnancy, parental leave).
If there is not enough information for some months to calculate earnings (for example, an employee worked elsewhere and did not bring you a certificate of income from a previous job when hired), you can either demand it from him or make a request to the Pension Fund of the Russian Federation, upon the employee’s application, to provide personal information. data.
If an employee did not work for any period of the calculated two years, his monthly earnings for these months are taken as the minimum wage in effect at the time of the insured event. Currently, the federal minimum wage is 11,280 rubles.
If maternity leave falls within the billing period, this period may be shifted to an earlier date upon submission of an application from the employee.
The law defines the maximum annual earnings from which sick leave can be calculated. They change from year to year. In 2021, the limit was 755 thousand, in 2021 – 815 thousand. If the employee's actual earnings are higher, only these limits are used in the formula.

Example . In 2021, your employee took sick leave for a domestic injury for 10 days. His earnings over the previous two years amounted to one million rubles, five hundred thousand for each - excluding sick leave. During the accounting years, the employee was on sick leave for thirty-one days. Total work experience – 7 years.

His average daily earnings were:

1000 thousand/730 = 1370 rub.

How is a domestic injury different from a work injury?

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. The main distinguishing signs of a work injury:

such injuries occur directly at the employee’s workplace, on the way to work or while returning from work on official transport, during business trips;
At the same time, the employee performs his direct duties in accordance with the job description or on behalf of the employer.

When an employee receives an industrial injury, a report in 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.

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

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.

Explanatory note about injury at work sample 2021

This indicates that he received the request and is familiar with it. This is the only way the employer can prove that he demanded an explanation from the employee about what happened.

He must do this within 2 working days. If the employee refuses and does not provide an explanation within the specified period, the employer writes a report.

Info This fact does not in any way affect the imposition of a disciplinary sanction.

This type of document belongs to the category of official personnel documents. The explanatory note must be submitted either to the HR department, or to the manager’s secretary, or directly to the manager. How to write an explanatory note in case of injury in everyday life The explanatory note is drawn up in free, written form.

N 02-18/07-1243). Currently, the procedure for assigning benefits is regulated by Federal Law of December 29, 2006 N 255-FZ

But it requires investigation, like other work-related injuries. Therefore, it is necessary to demand from the employee a written explanation of what happened and conduct an internal investigation. All articles Example: I recently provided mediation services as an individual.

Legally, your explanatory note is a document confirming the absence of the above-mentioned reasons for non-payment of benefits.

Please tell me how to write an explanatory note for a certificate of incapacity for work? The injury was sustained by an employee outside of working hours (on a day off). Maybe someone has a ready-made template (example)?

Hm. Why do you need an explanatory note for sick leave? Especially if the injury occurred on a day off. And, as I understand it, not on the employer’s territory..

If the sick leave note says “Accident at work,” then you can take an explanatory note from the employee with approximately the following content:

“From the “victim” to the name of the employer.

I do not agree with the entry in the written record (series number, date of issue) with the diagnosis of “injury at work.”

This injury was sustained at home, outside of work hours.

I refuse to submit an application to investigate the causes of the injury.

I ask you to pay for sick leave on a general basis.

Date of. Signature. Decoding.

And you put it on the sick leave sheet.

NS at work is a different story... but the truth is - if it’s just an injury in everyday life, we don’t have the right to demand an explanation in writing? or we have.. and if so, on what basis? It’s just that it’s been our custom for a long time (“the leader apparently started it”) - a ball player with an injury - write an explanatory note!

Injuries sustained at home are not uncommon. So do workplace injuries. But there is a huge difference between them! A work injury is an accident during working hours. Both FSS employees and labor inspectors are involved in its investigation.

An employee may be injured at home and be unable to perform all or part of their job duties. This is called “failure to fulfill one’s job duties,” that is, a violation of official duties. In Art.

The employer must request an explanation in writing about an incident at the workplace. The requirement is drawn up in 2 copies. One remains with the employee, and the other is transferred to the HR department.

This copy must bear the signature of the offending employee. This indicates that he received the request and is familiar with it. This is the only way the employer can prove that he demanded an explanation from the employee about what happened.

The employee does not have the right to refuse the employer to provide a written explanation of what happened. He must do this within 2 working days. If the employee refuses and does not provide an explanation within the specified period, the employer writes a report. This fact does not in any way affect the imposition of a disciplinary sanction.

The explanatory statement is drawn up in free, written form. The employee indicates the following information:

The “header” of the document is drawn up in the upper right corner. The following is indicated here: the name of the employer along with the organizational and legal form;
position and initials of the manager to whom the document is intended. As a rule, this is either the employer himself or a person who is authorized to do so by order from the employer;

then the title of the document is indicated. An “explanatory note” is written in the middle of the sheet;

if a document is registered as personnel documentation, then the date of its registration and the number of the incoming document are indicated;

basis for drawing up the note. In this case, “about injury at home”;

document text. Here the employee indicates the circumstances of injury at home and how this affects the performance of his job duties;

then he puts his signature and deciphers it. He must also indicate his position;

if the employee is on sick leave due to a domestic injury, he will then have to attach a copy of the certificate of incapacity for work.

Any injury is accompanied by a medical examination. It is not uncommon for an employee to “go on sick leave” after being injured. If sick leave has already been received, but the employee is found to be at fault for the injury, he will still have to write an explanatory note.

date, place and time of injury;
the circumstances under which it was received;
the presence or absence of witnesses to the incident;
what medical institution did you go to for help?
by whom and when the sick leave was issued;
sick leave details;
the period when the employee was treated in a hospital, if such a fact occurred.

One remains with the employee, and the other is transferred to the HR department. This copy must bear the signature of the offending employee. This indicates that he received the request and is familiar with it. This is the only way the employer can prove that he demanded an explanation from the employee about what happened.

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This fact does not in any way affect the imposition of a disciplinary sanction. This type of document belongs to the category of official personnel documents. The explanatory note must be submitted either to the HR department, or to the manager’s secretary, or directly to the manager.

Temporary disability benefits are assigned in the amount of 50 percent of the benefit calculated in accordance with part one of paragraph 16, paragraphs 18 and 20 of these Regulations in the following cases: - most likely not indicated on sick leave (the doctor is ALSO not an investigator).

Situation: stayed for 1 week. on sick leave due to a domestic injury (pet bite).

It is immediately worth noting that employers are not interested in their employees receiving work-related injuries, either in fact or according to documents. This spoils the statistics, attracts the attention of labor inspectors, and causes additional inspections.

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Thus, it is important for the injured employee to confirm the absence of the above-mentioned reasons that could lead to non-payment of benefits.

Explanatory when receiving a minor injury at work A minor injury is when an employee does not go to a medical institution for help or the doctor believes that the injury will not in any way affect the performance of this employee’s work duties.

What should a properly drafted employment contract be like? An employment contract defines the relationship between employer and employee. The compliance of the parties with the rights and obligations provided for by it depends on how thoroughly the terms of the relationship between the parties who entered into it are taken into account.
How to competently draw up a loan agreement Borrowing money is a phenomenon that is quite characteristic and widespread in modern society.

Although with difficulty, I can see the connection between the investigation of an industrial accident and a domestic injury. They don’t want to spoil the statistics, so they demand an explanation. But what is the connection between injury and sick pay?

And then you are wrong, on the sick leave it is written exactly for what reason it was issued, and this entry is made when issued. Second column from the top. Further. Federal Law of December 29, 2006 N 255-FZ Article 7. Amount of benefit for temporary disability 1.

Temporary disability benefits for loss of ability to work due to illness or injury, except for the cases specified in part 2 of this article, during quarantine, prosthetics for medical reasons and after-care in sanatorium-resort institutions immediately after hospital treatment, are paid in the following amount: 1) to the insured person with 8 or more years of insurance experience - 100 percent of average earnings;

Temporary disability benefits for loss of ability to work due to illness or injury are paid to insured persons in the amount of 60 percent of average earnings in the event of illness or injury occurring within 30 calendar days after termination of work under an employment contract, official or other activity, during which they are subject to compulsory social insurance in case of temporary disability and in connection with maternity.

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

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

Based on the accident investigation materials, the investigation commission qualifies the accident as an industrial accident or as an accident not related to production, that is, a domestic one (Part.

5 tbsp. 229.2 of the Labor Code of the Russian Federation). Accidents include, in particular, events as a result of which the insured received injury or other damage to health

Injury at work: how to qualify and register

The provision of the injured person depends on whether the health damage is recognized as an industrial accident or not.

If the injury is not work-related, the person who caused the injury is obligated to compensate for the injury. The amount of compensation is determined by the parties independently, and if they do not agree, in court.

If health damage occurs at work, the state, represented by the Social Insurance Fund, provides compensation. The fund reimburses lost earnings, pays for treatment, medications, provides those technical means of rehabilitation that are recommended by doctors (prostheses, wheelchairs, hearing aids, cars, etc.), if necessary, retrains for another profession.

Therefore, it is important to correctly qualify and document an industrial accident.

Accidents that occur with employees and other persons involved in production activities, during the performance of their labor duties or performing any work on behalf of the employer (his representative), as well as during the implementation of other lawful actions due to labor relations with by the employer or committed in his interests.

Persons participating in the employer’s production activities, in addition to employees performing their duties under an employment contract, in particular include:

- employees and other persons receiving education in accordance with an apprenticeship contract;

— students undergoing practical training;

- persons suffering from mental disorders who participate in productive work at medical and industrial enterprises in the form of occupational therapy in accordance with medical recommendations;

- persons sentenced to imprisonment and forced to work; persons involved in the prescribed manner to perform socially useful works;

- members of production cooperatives and members of peasant (farm) households who take personal labor participation in their activities;

- persons involved in the prescribed manner to participate in work to prevent a disaster, accident or other emergency circumstances or in work to eliminate their consequences.

The following events are subject to investigation as industrial accidents, as a result of which the victims suffered:

— bodily injuries (injuries), including those inflicted by another person;

- heatstroke;

- burn;

- 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.

Such events will be recognized as an industrial accident if they entail the need to transfer the victims to another job, temporary or permanent loss of ability to work, or the death of the victims.

The circumstances under which these events occurred are taken into account. They are recognized as industrial accidents if they occur:

- during working hours on the employer’s territory or in another place where work is performed, including during established breaks, as well as during the time necessary to put production tools and clothing in order, perform other actions provided for by the internal labor regulations before starting and after finishing work, or when performing work outside the working hours established for the employee, on weekends and non-working holidays;

- when traveling to or from work on a vehicle provided by the employer (his representative), or on a personal vehicle in the case of using a personal vehicle for production (official) purposes by order of the employer (his representative) or by agreement of the parties to the employment contracts;

- when traveling to and from the place of business travel, during business trips on public or official transport, as well as when following the order of the employer (his representative) to the place of work (assignment) and back, including on foot;

- when traveling on a vehicle as a shift worker during a rest period between shifts (a shift driver on a vehicle, a conductor or mechanic of the refrigerated section on a train, a member of the mail car crew, and others);

- when working on a rotational basis during rest between shifts, as well as when being on a ship (air, sea, river) during free time from the watch and ship work;

- when carrying out other lawful actions determined by labor relations with the employer or performed in his interests, including actions aimed at preventing a catastrophe, accident or accident. An appropriate commission is created to investigate the accident; if the injury is recognized as an industrial accident, an act of form N-1 is drawn up.

The investigation procedure is determined by Articles 227 - 231 of the Labor Code of the Russian Federation, Resolution of the Ministry of Labor of Russia dated October 24, 2002 No. 73 “On approval of the forms of documents necessary for the investigation and recording of industrial accidents, and provisions on the features of the investigation of industrial accidents in certain industries and organizations."

According to information from the website of the State Administration - regional branch of the FSS for the Udmurt Republic.

What is the difference between a work injury and a domestic injury and what are the benefits?

In addition, according to Art. 8 of Federal Law July 24, 1998 No. 125-FZ

“On compulsory social insurance against accidents at work and occupational diseases”

, if, according to the conclusion of the Bureau of Medical and Social Expertise (MSE), the rehabilitation program determines the victim’s need to pay for the costs of medical, social and professional rehabilitation (retraining for a new profession, crutches, prostheses, medicines, a car, sanatorium treatment), then the Social Fund insurance pays these costs.

If the injured person is determined by the ITU Bureau to have the degree of loss of professional ability in percentage (from 10 to 100%), then the Social Insurance Fund assigns him on the basis of Art. Art. 11, 12 of Law No. 125-FZ a one-time insurance payment based on the degree of loss and the maximum amount established annually by the law on the FSS budget, as well as monthly insurance

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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.

According to Art. 5 of the Federal Law of July 24, 1998 N 125-FZ “On compulsory social insurance against accidents at work and occupational diseases” (hereinafter referred to as Law N 125-FZ) individuals performing work on the basis of an employment agreement (contract) concluded with the insured (employer) are subject to compulsory social insurance against accidents at work and occupational diseases.

Note. Employees working on the basis of civil contracts can also be insured persons. But provided that these agreements provide for the employer’s obligation to pay the appropriate insurance premiums (Clause 1, Article 5 of Law No. 125-FZ).

However, not everything is so simple.

For example, if an employee was traveling to work or returning from work using the employer’s transport and was injured, then such an injury will be considered work-related. But if he was driving his own car, then no . The same applies to accidents when an employee returned from work or traveled to work by public transport or on foot - they do not fall under the definition of a work-related injury. The exception is when the employee used his own car by order of the employer, or if the employee’s employment contract states that the employee uses his personal car for business purposes.

How is an industrial or domestic injury determined?

No. 2 “On the application by courts of legislation on compulsory social insurance against accidents at work and occupational diseases,” which answers your question.

An unfair incident is an injury, mutilation, illness that an employee received while performing his work duties (Article 227 of the Labor Code of the Russian Federation). Labor duties can be performed both within the framework of an employment contract and on behalf of the employer. At the same time, the employer must remember that accidents will be recognized not only in cases that happened to an employee directly at the workplace, but also on the way to work, from work or on a business trip. It is possible to say that an accident occurred in an organization only after determining nature of the incident.

So, if an employee received a bruise by hitting his head on some object, this will not be classified as an accident.

Only serious injuries that threaten the employee with loss of ability to work fall under this definition.

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Vacation, illness and absenteeism at your own expense are not taken into account in the formula. Then you need to divide your total income by the number of days worked. After this, we multiply by the appropriate coefficient, taking into account the employee’s insurance experience:

From one to five years - 50 percent;
From five to eight years - 80 percent;
More than 8 years - 100 percent.
From 6 to 12 months - multiplied by 30 percent;

A company employee can provide a certificate of income from a previous place of work.

Legislation

What is the difference between a work-related injury and a domestic injury and what

Injury at work.

How does a household injury differ from an industrial injury? Both employers and employees understand that a work-related injury can happen to anyone.

The regulatory documents reflect in detail the procedure for action in this case. However, in practice, as they say, “there are nuances.” — Accidents that resulted in: temporary (at least one day) loss of ability to work are subject to investigation; the need to transfer the victim to another job; work injury.

Industrial or household injury I tore my ligaments during working hours, the sick leave indicated an industrial 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. Occupational injuries and measures to prevent them are the root causes of this phenomenon. These are not the reasons that