Injury after work on the way home. What trauma is considered production? Compensation for injury from a source of increased danger

On average, a resident of Russia spends on the road to workplace and back for more than two hours. Some get on foot, others use personal transport, third - public. Nevertheless, the road remains a zone of increased danger, especially in the winter season. Parts are frequent by production injuries on the way to work. How to be if a similar thing happened to you? Should I turn to the boss for compensation? Does the right affected by paid hospital and insurance payments on an accident? These and many other questions are represented by answers in the material.

Is injured on the road to work production?

What trauma is considered to be manufactured by law? In 227, the article of the Labor Code of Russia states that such a group includes damage that happened to the employee in the workplace during a shift or regulated break. But, you need to make a few clarifications. The official is considered a shift prescribed in the employment contract. In other words, if you come to the enterprise, according to the contract, should be in 9, but at the oral agreement appeared in 8 and in the range from 8 to 9 were injured, it would be more difficult to obtain proper compensation, especially if the head does not want to reimburse the damage. The break must also be regulated by the service charter. If during the working time a person got a hand fracture, being outside of production for personal reasons, injury recognize household.

Production injury on the road to work

If you have received damage on the way to work, whether such an case of production injury will be considered? The Labor Code says that a decisive role is given to the transport on which you drove when an unpleasant situation happened, which caused harm to health. If the employee received damage, moving on personal transport, then they will pay for him only if in the employment contract it is said that the personal car was used as a service.

What is considered to be a production injury on the way to work?

Considering how production may not be all kinds of injuries received on the way to work. You can count on compensation if:

they received bodily injuries, this concept includes electricity;
received frostbite or thermal blow;
you were bitten by an animal or insect.

Of course, this list is not complete, the incident on the track is also included in the final list of production injuries.

Injury on the road to work not related to production

The basis for determining the nature of the injury is not even the purpose of the trip, but the transport where you drove. If it was a service / working transport, and PE happened not in the territory where the company or enterprise is located, it is believed that you have performed duties. The employee could get damage when he returned home from work home on official transport. Despite after-hour time, damage, for example, bruised after falling or a broken hand, will be considered production.

What payments rely on the victim?

For production injury, obtained on the way to work, compensation is relying. At the first stage, the incident is investigated within the framework of labor legislation. If the incident, which happened on the road is recognized by the production, then the employer is obliged to pay the victim of the hospital. If the damage caused the consequences that did not allow for some time an employee to perform work, then all the costs of rehabilitation and drugs are paid by the employer to maintain wages.

If the employer does not want to recognize the production injury on the road to work, the employee may apply to the court with a claim for recovery. However, we note, the use of official transport must be indicated in the contract. It is this document that is the main tool for resolving disputes between the legal entity - the employer, and an individual - an employee.

Important: If in a contract where all working conditions should be spelled out, there are no provisions about the time you spend at work, lunch break, using official transport and, especially personal transport for service purposes, the process of recovery payments may be more complicated. You have the right to demand the addition of your contract with your employer to avoid possible legal conflicts.

Question from readers Clerk.ru Natalia (Stavropol)

The employee brought a sick leave with code 02 "injury, obtained when driving at a workplace at 07.45 am when moving the road." His physician mother was tuned to production injury, because many fractures. Is it legitimate from the point of view of the TC?

This case does not fall under the definition of an accident associated with production if the employee followed the work on foot in the usual manner, without a special order of the employer. In h. 3 tbsp. 227 of the Labor Code of the Russian Federation listed several situations related to the motion of the employee in which the accident is recognized as incidents in production:

when following the place of work or from work on transport provided by the employer (his representative), or on personal transport (if it is used in manufacturing (official) purposes to order the employer (his representative) or by agreement of the parties to the employment contract);
when followed the travel destination and back, during official trips on public or service transport;
when following the employer's disposal (his representative) to the place of performance (commission) and back (including on foot); When travelers in transport as a changer during intermediary recreation (driver-changer on a vehicle, conductor or a mechanic of the refrigerator section in the train, a member of the postage wagon brigade, etc.).

Thus, an accident related to the production may be recognized as an employee, if he went to work (from work) on the transport of the employer. When traveling an employee on its own car, the injury is recognized as an accident at work, only if he used the car by order of the employer or in accordance with the employment contract. If the worker drove to work on public transport, on its own car (but without an employer) or walking, such an accident is not recognized by production.

It should be noted that for the correct qualifications of the event, as a result of which the harm of life or the health of the victim is caused, the employer must investigate the following circumstances:

whether the victims of the employer participating in the industrial activities of the employer (Part 2 of Article 227 of the Labor Code of the Russian Federation) relates;
whether the event has been indicated in the list of events qualified as accidents (part 3 of Art. 227 of the Labor Code of the Russian Federation);
do the circumstances (time, place and others) correspond to the event, the circumstances specified in Part 3 of Art. 227 of the Labor Code of the Russian Federation;
whether an accident occurred at work with the person to be mandatory social insurance against industrial accidents and occupational diseases (Article 5 of Federal Law No. 125-FZ dated July 24, 1998);
whether the place of circumstances had, in the presence of which accidents can be qualified as not related to production (an exhaustive list of such circumstances is contained in part 6 of article 229.2 of the Labor Code of the Russian Federation), and other circumstances (paragraph 9 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of March 10 2011 No. 2).

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It is necessary to deal with such an interesting case as a production injury on the road to work, and determine the measures that will be applied in this situation. It is impossible to predict all the dangers in life in advance. Employees are injured at the enterprise or outside work. In relation to the cases that occurred at work, the law is unambiguous in the interpretation of injury as a production. But more often the accident leading to disability occurs outside work and working time.

What enters the concept of production injury

The law establishes the employer's responsibility for the well-being of a person employed to the enterprise. The administration is obliged to ensure the conditions for the safe execution by hired personnel of the duties assigned to the contract. Responsibility applies to compliance with safety regulations, and to preserve the health of the subordinate during the work period.

If in relation to the cases that occurred during the work time on the territory of the company, the law is unequivocal, then upon receipt of injury, there are some nuances, because circumstances can be interpreted in different ways.

According to labor legislation, production injury can be obtained in the process of executing working responsibilities in hours defined by the Treaty as workers. It is allowed to apply the same norm in and the path of the employee from the place of work to the house.

Fractures, any bodily harm - not the entire list, in what cases injury is considered production. The following incidents under the law are related to the case, which is considered a production injury:

blow by electric shock or lightning;
heatstroke;
Body frostbite;
burns;
bites;
exposure to radiation;
drowning;
The impact of natural elements and man-made disasters;
Accident.

Any event that has adversely affected by the worker's workability can be attributed to the production case. It is more important to identify the circumstances under which a person suffered.

Provisions of Art. 227 TC RF clarify the main subtleties of the application of the law on industrial injuries, depending on the time of the incident and place. Also in TC are regulated by payments that the victim worker can get.

Accident on the road to work

Trauma on the way to work is considered production if the employee suffered in the following situations:

Upon receipt of injury on the way to work or home, service transport belonging to or decorated by an enterprise for his own needs was used.
Trauma on the way to work was obtained by a commaed employee moving on a service car.
Under the seamless mode, the worker during working hours or in the renovation (refers to persons employed on the railway first).
Inheritance injury in the workplace or in the process of execution of official duties happened when trying to prevent disasters.

In order to correctly interpret cases, the company must bother in advance about the proper design of the period of work and renovation, if the activity involves changing personnel employment. These provisions are fixed in internal regulations and regulatory acts of the enterprise, taking into account the peculiarities of the work.

Important exceptions

To interpret the event as a production injury, clear conditions must be observed regarding the place, time used by the transport of movement. For example, movement on your own car for personal purposes will not be considered a case at work, as well as injury in public transport. But if the employee was in the roadway on behalf of the leadership and personal transport was used at the time of the incident as a service, the case is issued as a production.

Similarly, the question is solved when moving on foot. If the movement is caused by the production necessity, or is issued a separate instruction of the manual, injury is recognized as the production obtained.

If at the time of the accident, the employee was driving on public transport belonging to the company in which it is employed, the design takes place within the framework of the production case.

Sometimes the regulations of the enterprises specifically introduce norms providing for the liberation of the employee from the execution of labor functions in production, since health is damaged outside the workflow. It is difficult to prove the applicability of Art. 227 and in cases of injury during the dinner period in the wrong time.

With the situation of returning home or following the issue of work, the question is solved easier if it is proved that the head of the movement was influenced by the head and there are documents confirming the execution of personal transport by official or the availability of instructions from the administration.

The employer is not exempt from liability for damage gained in production, regardless of whether an employee wrote a statement that is responsible from the enterprise. The law considers the case in general, regardless of the additional papers, which forced to write an employer. Responsibility is determined according to the Labor Code in accordance with Article 8-9 of the Labor Code of the Russian Federation.

How to make an injury received on a business trip

A separate consideration requires a situation of injury to work on the work of the commaed. Features of obtaining during a business trip include the need to identify the goals that the employee persecuted at the time of an accident. It is important to value whether a person acted in the interests of the enterprise, or went to his affairs. The conclusions made directly affect the further proceeding course.

The list of obligatory actions of the employer includes the creation of a special commission to investigate the circumstances of the event during a business trip. It is the results that were summarized by members of the Commission will allow the case to a production or will exclude such a interpretation.

The choice of the Commission and the organization of its activities is carried out taking into account the provisions of Art. 229 TC RF.

Sometimes the specifics of the work does not imply the execution of an official business trip. For example, injuries received by a lawyer, whose job duties include the signing of contracts with counterparties on the ground, acting on behalf of the employer. In such a situation, management initiates the creation of a commission on the investigation, with the inclusion of representatives of the part of the counterparty, in the territory of which an event occurred.

Service trips to neighboring countries (for example, Belarus, Armenia, Tajikistan, etc.) require fixation of the event in the form of an act initiated by the Party inviting an employee of the Russian company. In the compiled act, the fact of obtaining damage is recorded.

Similarly, if an invited specialist from other countries of the near abroad received injury on the territory and during his travel on a business trip at the Russian side. The company is the same act indicating the circumstances of the event.

The presence of attachment to the new temporal place of work at the host parties entails not only the compilation of the act, but also the adoption of the completeness of responsibility to the affected employee. In the fact of obtaining injury, the host company:

Conducts an investigation and draws up an act, where it is determined whether the case of production injury was.
He sends a notice to the insurer, with whom a contract has been concluded from an employed enterprise.
In the presence of serious consequences, including death or group injuries, the adoption of the Party sends a special notice to the initial employer to Russia.

How do payments for industrial injury on the road to work

Since injury on the way to work leads to disability, it is especially important for the employee to determine the amount of payments that will be highlighted within the industrial accident.

The management area of \u200b\u200bmanagement includes compensation for an open disability. The funds listed by the victim compensate from the Insurance Fund, which regularly go to the organization. In other words, the Social Fund from the amount of accumulated contributions by the employer is calculated for the injury received along the way to work.

The law prescribes to completely cover the hospital for the entire period of forced disability.

Additionally, the employee has the right to count on a one-time assistance provided by the documentation package. The amount to be paid is determined by the FSS representative, taking into account the degree of injury received.

In addition to one-time compensation and, the employee has the right to recover through the court compensation for material and moral damage associated with the injury gained.

When going to solve the issue of financing during the period of disability due to production injury, a person must take into account that the FSS line receive payments only with significant injury and serious health violations. Small injuries that did not affect disability, compensation from the Fund are not subject to, and the issue of financing the company decides at its own discretion.

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Few people know how to act, if injury was obtained along the way to work. And if this is supposed to pay, the question becomes even more relevant. An accident can occur suddenly, and no one is insured from it.

If the injury is obtained along the way to work, then it refers to production

A citizen went to work and was injured on the way. Does this injury refer to production? Do you need to investigate?

When a person gets injury on the way to work, it is regarded as the circumstance associated with the production. But its production will be called incorrectly.

A service investigation is carried out:

When the employee moved on the transport provided by the enterprise. It is important that transportation is used for service purposes.
When making injury to a worker on a business trip and on the transport of the employer.
If the driver is injured during renovation.
During the elimination of the consequences of the catastrophe occurs with an employee.

In local acts, it should be reflected in how to regulate issues between the parties during injury along the way to work.

For example, an employee after work went to the store, and after it came out and fell on the porch, broke his leg. Will this case be attributed to the production associated with production? No, since she initially visited the store.

Non-manufacturing injury

If an employee has injured along the way to work, how to determine whether it is production or not? The injury is considered a production if the employee was transported by the enterprise, but several conditions are taken into account:

the use of a personal car by order of the enterprise's management, and also if this information appear in the work agreement;
the administration of the enterprise has a copy of the vehicle vehicles;
consideration of employee tracks.

If at least one of the conditions is not performed, then injury refers to domestic.

Normative base

Ask the victim and eyewitnesses to write explanatory about this.
Create a commission to conduct an investigation. For this it is necessary to medical off the degree of severity.
After the act in the form of H-1.
Patient payment is made at the expense of the employer, if the incident occurred due to the fault of the enterprise administration.

The employer's actions are regulated by regulatory documents.

List of documents

To investigate an accident, you need to prepare a list of documents:

The order of the enterprise in which the Investigation Commission is appointed led by the Chairman. Members of the Commission may not be interested persons.
Documents from a medical organization about the attitude towards severity.
Eyewitness testimony and personal explanatory from the victim.
Video and photography from the scene of the incident. If the place is not possible to leave in the form at which the accident occurred, the video materials will not be in demand.
Information about instructions, copies of personal cards for the extradition of workwear and PPE.
The results of drug expertise to confirm that the worker was in good condition.
Scheme of place where an accident occurred.
The document where the attitude of unfortunate with production is determined.

If necessary, other documents are submitted.

If injury occurred on a business trip

Trauma associated with production can be obtained on a business trip. If the employee went on a business trip or returns back and on the way with him an accident occurred, then the investigation inevitably.

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 enterprise administration or in personal, will also be taken into account when investigating.

The investigation may be different, depending on the circumstances. If the employee was not submitted to a certain organization, then the employees are included in whose conduct is the territory of the object.

The duty of the organization is to investigate and among other things:

it is necessary to notify the insurance service about the occurrence;
prepare an act of what happened;
send a notice to the employer who has a victim who works if injury has acquired heavy consequences (resistant disability or death, and also happened to several employees at the same time);
investigate an accident while finding a business trip.

Employer's responsibility when concealing the case

Injury on production is an insurance case and consequences can be compensated in accordance with applicable law. It turns out that the employer is responsible if the accident has not been properly investigated.

This article made to the Administrative Code, on the basis of which punishments are established. For this apply penalties:

for ordinary citizens, the amount of the fine is installed 300-500 rubles;
for employees of 500 -1000 rubles;
for organizational structures 5000-10000 rubles.

Therefore, it is unprofitable to hide such cases so that everything resulted in unpleasant consequences. In addition, the investigation will be conducted and the organization will require a lot of time that entailing a lot of unpredictable circumstances affecting the production of finished products.

What payments are relying

When confirming the fact of injury to the employee and after the investigation, payments from the FSS are first.

According to the presented, since temporary disability is established.
One-time and each month compensation is paid.
Replaced the spending of funds on the fact of what happened on professional, social or medical rehabilitation.

If an employee received injury as a result of injury in production, then the payment of wages is supplied in full, and the experience of the size does not affect. The manual is paid until the ability to work is restored. During the month, payments do not exceed 4 sizes of the benefit set by the FSS. If the earnings are exceeded, then the manual can be paid in the maximum size.

The size depends on the injuries obtained, which are installed on MCEC. Based on the received position, the maximum amount is established. For some categories, the district coefficient is paid. When the fatal outcome occurred, the relatives should get a million rubles as compensation.

From average earnings depends on the payment. At the same time, all revenues received by the victims earlier are being taken into account, including rewards under the contract or copyright.

If you do not pay the allowance what to do

If the manual is not issued, but the citizen was injured, recorded by experts, then he needs to declare his rights. For this, there is a labor inspectorate. Her staff will write a prescription and can punish a fine for violations.

If this does not help, every citizen has the right to appeal to court. The court will decide on the misunderstanding of actions, and the allowance will oblige to pay in full. According to the legislation, the employee must receive.

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The greatest difficulty of labor protection specialists is caused by the qualification of an accident that occurred not in the territory of the enterprise. In the article, we will tell you how to determine which trauma on the way to work is considered production.

From the article you will learn:

Production injury on the way to work

Production is called an accident when performing official duties, the consequence of health damage to the issuance of a hospital list at least one day. The execution of the labor function at the time of injury is the main classifying circumstance.

Since injuries entails expenses from the FSS budget and the financial funds of the employer, the limits of liability for damage to the health of damage should be established. They are not related to production and are not subject to the investigation by the Commission of the incident caused by which the illegal actions of the staff served.

For example, if the fact was established that the driver on the way to work was injured due to the presence of alcohol in the blood "after yesterday", this case should not be investigated as related to production. We are talking about illegal action by the employee.

in the performance of the employment function on the territory of the employer and during the working time (travel, etc.);
if the NA happened to the driver and its passengers when traveling or returning on a service car;
if the NA occurred along the way to work or back on a personal TS, if its use on official purposes is indicated in addition to the employment contract.

	Circumstances of NS.
	The employee must come to the shop to 8.00. But he crosses the passing at 07.48, clogs on the stairs, falls and breaks his leg.	An employee at the request of his direct supervisor visits on his car to the construction market to buy a point-coated gloves for workers. Crossing the road, he falls into an accident.	A commodited officer went from the building of the Design Institute and on the way to the hotel was shot down by a motorcyclist.
Sign of production NS.	The workplace is the workshop, but the passage is the territory of the employer. The employee takes time to put in order workplace.	The incident occurred not in the territory of the employer, not on the service vehicle. But the employee acted in the interests of the employer.	All incidents on a business trip belong to the production associated with production.
Conclusion of the Commission	Accident is recognized as related to production.

Now consider situations where the investigation is not carried out at all, since the occurrence is considered to be a household injury or refers to unrelated with production.

	Circumstances of NS.
	The worker on a business trip sat behind the wheel drunk, made an accident (illegal action), was injured.	The employee gets to work on public transport or on foot. Slipping from behind the ice, breaks the leg.	An employee gets to work on a personal vehicle, which is not used for official purposes in coordination with the employer.
the confirmation	Investigated. Help about an accident, certificate of the presence of alcohol intoxication. The qualifications of the NA as not related to the production is confirmed by the inspection protocol and the survey protocol.	Not required. The investigation is not conducted.	Not required. The investigation is not conducted. There are no supplements to the employment contract on the involvement of the vehicle to carry out service orders, there is no guidance on this in the job description.
Qualification	NA, not related to production.	Household injury.