Injury on the way home from work. Work injury on the way to and from work home. Is an accident at lunchtime considered work or not?

On average, a resident of Russia spends more than an hour or two on the way to the workplace and back. Some get on foot, others use personal transport, others use public transport. However, the road remains an area of ​​increased danger, especially in the winter season. There are frequent cases of work injuries on the way to work. What if something like this happened to you? Should I ask my boss for compensation? Is the victim entitled to paid sick leave and accident insurance benefits? These and many other questions are answered in the material.

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

What kind of injury is considered a work injury? Article 227 of the Labor Code of Russia states that such a group includes injuries that happened to an employee at the workplace during a shift or a regulated break. But, a few clarifications need to be made. The shift specified in the employment contract is considered official. In other words, if, according to the contract, you should come to the enterprise at 9, but by verbal agreement you appeared at 8 and were injured between 8 and 9, it will be more difficult to receive proper compensation, especially if the boss does not want to compensate for the damage. The break should also be regulated by the service charter. If in working time a person received a broken arm, being outside the production for personal reasons, the injury is recognized as domestic.

Work injury on the way to work

If you were injured on your way to work, would that be considered a work-related injury? The Labor Code says that the decisive role is played by the transport you were driving when an unpleasant situation occurred that caused harm to health. If an employee was injured while traveling in a personal vehicle, then they will pay for his treatment only if the employment contract says that the personal car was used as a service car.

What counts as a work-related injury on the way to work?

Not all types of injuries received on the way to work can be considered as industrial ones. You may be eligible for compensation if:

• received bodily injuries, this concept includes an electric shock;
• got frostbite or heat stroke;
• you have been bitten by an animal or insect.

Of course, this list is not complete, accidents on the track are also included in the final list of work injuries.

Non-work related injury on the way to work

The basis for determining the nature of the injury is not even the purpose of the trip, but the transport in which you were driving. If it was an official/working vehicle, and the incident happened outside the territory where the company or enterprise is located, it is considered that you were acting. An employee could have been injured while returning home from work in a company vehicle. Despite out-of-hours, an injury, such as a bruise after a fall or a broken arm, will be considered work-related.

What payments are due to the victim?

Compensation is due for an injury sustained on the way to work. At the first stage, the incident is investigated within the framework of labor law. If the incident that happened on the road is recognized as industrial, then the employer is obliged to pay sick leave to the victim. If the damage caused consequences that did not allow the employee to perform work for some time, then all expenses for rehabilitation and medicines, while maintaining wages the employer pays.

If the employer does not want to recognize the injury of a work-related nature on the way to work, the employee can go to court with a claim for recovery. However, we note that the use of official transport must be indicated in the contract. It is this document that is the main tool for resolving disputes between legal entity- the employer, and the natural person - the employee.

Important: if the contract, where all working conditions should be spelled out, does not contain provisions for the time you spend at work, lunch breaks, the use of official vehicles and, especially, personal vehicles for official purposes, the process of collecting payments may become more complicated. You have the right to request an addition to your contract with your employer in order to avoid possible legal conflicts.

It is said that an injury that happened to an employee at the workplace during working hours or during a regulated break is considered a work injury.
Working time is the time specified in the employment contract. The break should also be regulated. For example, the employment contract states that from 13.00 to 13.30 is a lunch break. If an injury to an employee occurs during this period, then it will be considered industrial.
If the injury occurs during a smoke break, about which nothing is said in the contract, then such an injury will be recognized as domestic.

And if an employee was injured on the way to work, will it be considered production?
In the same article 227 of the Labor Code of the Russian Federation states that if an employee traveled to work or on a business trip on the employer’s transport and was injured or injured, then such an injury will be considered work-related and will be paid appropriately.
If an employee used his personal vehicle for a trip and was injured, then it will be considered work if the employment contract states that the employee uses his personal vehicle for official business. Otherwise, it's a domestic injury. Exactly the same procedure is established for the recognition of an industrial injury on the way home from work.

But not every injury received on the way to or from work will be considered work-related. These injuries include:

• bodily injury, including from electric shock;
• overheating or cooling, including heat stroke and frostbite;
• bites of various insects and animals;
• other injuries that are specified in paragraph 3 of Art. 227 of the Labor Code of the Russian Federation

Such injuries are subject to investigation under the labor law and payment in the amount of 100%, regardless of the length of service of the injured person. this employer. In addition to the sick leave, the employer will have to reimburse the employee for rehabilitation, as well as the costs of medicines and medical care.
Such expenses are reimbursed in proportion to the harm caused to health, the percentage of which is determined in the course of a medical and social examination. It is appointed in the medical institution where the victim is to be hospitalized. If the employee refused hospitalization, and his injury is recognized as light, then the employer compensation payments at their own expense, and not at the expense of the FSS.

Accident on the way to work related to production

Getting employees of various injuries while following their workplace is by no means uncommon. However, here the employer will face the important question of whether such an injury should be recognized as a work injury or not. In order to make a really competent decision, you need to know about some important conditions under which the resulting harm will be considered industrial:

1. The employee could travel to work public transport, as well as on a personal or company car. The latter option is used only if the presence of such a car is provided for by the current labor agreement subordinate, as well as other internal documents companies.
2. During use various transport the employee had one goal, namely, to get to his workplace. There may be certain exceptions to this. In particular, an employee could, for example, carry out various assignments of his leader in the city. In this case, his goal could be to follow from one point to another. The main thing is that all these goals should be directly related to professional activity subordinate in the organization.
3. Getting various injuries can also occur in the immediate territory of the organization in which the employee works. In this case, the employer will also be obliged to recognize the damage received as production damage.
4. The injury occurred during working hours. At the same time, the corresponding time frames must be fixed in various local documents of the company.

The last point, as a rule, carries many different questions and inconsistencies. As you know, employees, in order to get to their workplace on time, leave the house a little earlier. That is, in fact, in the event of receiving one or another injury during their journey, it will be considered that the damage was received during after hours. However, here the main nuance will be precisely the ultimate goal towards which the employee was directed. If he really went to work, the injury can be recognized as work-related.

The above nuances can also be attributed to the reverse situation, namely, when an employee received one or another injury already on the way home from work. If all the basic conditions are met, such an injury can also be recognized as a work injury. The main thing is that the employer should properly investigate what happened. Here, the authorized person must take into account the deadlines established by law, for example:

1. If an employee received various minor injuries, the employer will be required to investigate as quickly as possible, without any delay. So, all important actions must be performed by the head of the organization within 3 days after the injury of the subordinate.
2. If the employees were seriously injured enough, the head of the organization will most likely need more time to conduct a high-quality investigation and reveal all the important details of what happened. In this case, the employer will have exactly 15 days to complete all necessary activities.

What benefits can an injured employee expect?

Getting injured at work is often a serious negative event in the life of an employee. The fact is that the very fact of injury can be the main reason for temporary or even permanent disability. individual. That is why the current legislative norms for such employees provided for some additional monetary compensation. The main ones include the following:

1. One time insurance payment. Its minimum and maximum values ​​are set at the legislative level. It is believed that this payment should be the initial material support for an employee who is in trouble.
2. Temporary Disability Allowance. To eliminate the negative consequences of physical injury as quickly as possible, the employee will most likely go on sick leave. In such a case, the employer will have a direct obligation to provide the employee with cash benefits. The appointment of this payment is carried out on the basis of the main document, namely, a sick leave sheet filled out by a medical organization, which contains all important information regarding the current state of the citizen. After his recovery, the employee will be required to submit this document to your employer's desk. He, in turn, produces everything necessary calculations and establishes the exact amount of compensation due to the employee.
3. Monthly insurance payments. They represent one of the types of material assistance to a subordinate, which will be provided to him in case of temporary disability. In order for an employee to legally qualify for such a payment, the employer must take care of securing compulsory insurance subordinates.
4. Compensation for various expenses directly related to the treatment of an employee, as well as travel to and from medical institutions.

It should be noted that within a particular organization, various additional types compensation. The main thing is that all of them be recorded in an official manner. To do this, the employer can create various industry tariff agreements, collective agreements and other provisions. The main thing is that these agreements do not violate the basic rights of subordinates and do not deprive them of mandatory payments, which are provided for by law.

Injury on the way to a non-productive job

After an employee is injured on the way to work, the employer will face main question about the correct definition of the nature of this injury. To do this, an authorized person must decide to create an official internal commission, which will further investigate what happened. Sometimes in practice there are situations in which the employee does not even apply to his employer for appropriate compensation. However, this state of affairs does not mean at all that the leader should now forget about his own obligations to conduct an investigation. You still need to do this - to eliminate possible problems in the future.

Even if the investigation determines that the employee's injury is not work-related, the employer will still need to take some important steps. For example, it would not be superfluous to obtain official information from medical institution in which the employee was treated. This can be done by pre-compiling written request in the name of the head of the medical organization. In addition, the employer needs to take care of compiling important documents, which include:

1. Explanatory notes written by an employee. The employer has the right to ask his subordinate to provide official explanations about the current situation. It is possible that the employee will present to the manager important nuances and details of what happened. In addition, similar explanations can be taken from witnesses of the incident, who can confirm or refute some important facts.
2. Internal acts of the organization. This, for example, can include an act on the receipt by an employee of a physical injury that is not related to production. By general rules, such a document must be drawn up in the presence of three independent witnesses, otherwise it simply will not have full legal force.
3. Sick leave that was provided to subordinates. In this document, the doctor places all the important information regarding the current state of the individual. The sick leave can also be an additional official confirmation of the fact that the employee received not an industrial, but, for example, a domestic injury.

Where to go if the employer does not make payments for work injury?

In modern practice, as a rule, serious problems rarely arise when an employee receives monetary compensation for an industrial injury. The point is that the employer cash pays not from his own pocket, but at the expense of the FSS. However, if such a problem nevertheless arose, the best solution to protect the violated rights of a subordinate may be to contact such an authority as the Labor Inspectorate.

Since the financing of the payment of compensation, as mentioned above, is carried out by the FSS, it means that the claim must be filed against this organization. In his application, a citizen must state all the important nuances of the current situation, as well as present the relevant requirements for the prompt receipt of monetary compensation. Additional documents must be attached to the application as various confirmations. These include: sick leave, various medical reports, valid labor contract with the employer, as well as other papers. Such cases are considered by the judicial institution within one month from the date of the applicant's application.

An accident to any worker can occur outside the work area. A broken arm, any other bruises and injuries can be obtained on the way to work. Under such circumstances, would such an injury be considered work-related? What salary can a conditional employee expect? Read more about this.

Work injury on the way to work

To answer this question, it is necessary to refer to article 227 of the Labor Code of the Russian Federation. In accordance with its provisions, the legislation recognizes as an industrial injury received outside the place of formal work. The same applies to the breaks established by the labor agreement, business trips, performance of official assignments at other, non-working places.

As for the road to work, one important circumstance must be taken into account here: the described injury must have been received while driving. This can be either a personal vehicle that is used for official 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, may 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 on the way to work considered a work injury?

If public transport or passenger transportation services are used for this, then even if serious injuries are received, the employer cannot be forced to pay mandatory compensation. If he wants to do it of his own free will, then there are no restrictions on this. But duty is out of the question here. The government refused to recognize such an injury for the reason that earlier, before the introduction of the relevant amendments, it was recorded a large number of abuse of this situation. It was enough to get injured before or after working hours, as the employer was faced with a claim for compensation.

It was impossible to refute the fact of injury, even if the employee was actually sent away from work. Therefore, since 2015, it was decided to make some changes to this disposition. Now, such damages are considered recognized if they happened only while traveling by personal / official transport. Such injury will be considered industrial.

Non-work related injury on the way to work

Some clarity should be introduced here. Compensation is not due for every case, but only for those that will be confirmed after a departmental investigation. In accordance with the specified article 227 of the Labor Code of the Russian Federation, the production authorities must accept a statement from the injured employee and take the following actions:

• issue a decree on the establishment of a departmental commission;
• entrust this commission with the establishment of all factual circumstances;
• connection, if necessary, with law enforcement agencies;
• fixing the results of the investigation in a departmental act;
• making a decision on the transfer of compensation.

Important: if the employee was moving to work on foot and, for example, fell into an open sewer hatch, then such damage can be compensated at the independent will of the employer. To do this, it is enough to send an address application to his name. Severe injuries in most cases 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 road to work equates to performance official duties, then all injuries and any damage received in the process of following will be considered production. Therefore, after establishing all the actual circumstances, two types of compensation should be listed to the employee:

• 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.

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

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

Accident while traveling to the place of work related to production

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

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

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

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

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

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

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

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

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

Non-work related injury on the way to work

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

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

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

The Labor Code of the Russian Federation regulates injuries sustained at the workplace, but what should an employer do if an injury was received 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 from the employer is received.

What counts as a work-related injury on the way to work?

It should immediately be noted that Labor Code The Russian Federation defines a list of situations in which injuries received on the way to work are considered industrial, this is true 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 company vehicles provided by the employer. By the way, this applies both to the direction towards work, and to the way from it.

A work-related injury on the way to work may occur during a business trip, which is also subject to investigation. The Labor Code of the Russian Federation regulates a round-trip business trip as a way to work. In this situation, a trip is recognized both on official transport and on public transport.

According to the Labor Code of the Russian Federation, the corresponding injury on the way to work is regulated by Art. 227, and in particular paragraph 3.

Conventionally, they can be divided into the following types:

• Injuries. This list includes various injuries, and damages that have arisen as a result of the actions of other persons must also be taken into account;
• Other damage. An employee may receive damage of a different nature, which includes 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. Occupational injury can occur due to damage, natural Disasters, accidents or explosions;
• Other damage. They are considered industrial injuries if they caused disability (permanent or temporary), require transfer from the main place of activity, as well as fatal injuries.

Is an accident on the way to work subject to investigation?

It is worth considering the situation when an employee, for example, broke her arm on the way to the work area. If an employee was hit by a car and she broke her arm, then the manager will consider this situation as an accident, and this will be a household injury, not a work injury. But if an employee travels by official or personal transport or personal and breaks her arm, then the Labor Code of the Russian Federation reports that such an injury is considered industrial.

The same can be said about the accident on the way to work and on the way home. As mentioned above, the Labor Code of the Russian Federation provides for the recognition of industrial damage in the event of certain conditions car use. And if there was an accident and the employee broke her arm, falling under a car, moving on foot, then the situation will not be production.

Work injury compensation on the way to work

The Labor Code of the Russian Federation, and in particular Article 227, guarantees that each case of injury is subject to investigation, and if it is confirmed, the employer will reimburse 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 paid:

• Sick pay is considered;
• The payment for treatment and the payment for rehabilitation are considered.

Of course, the degree of injury, even if it is an accident, in without fail subject to investigation medical and social expertise. By the way, in some situations, payment is made exclusively at the expense of the enterprise, without compensation from the FSS.

Industrial injury on the way to work - Labor Code of the Russian Federation

The Labor Code of the Russian Federation guarantees that the corresponding damage to the direction towards work and back is considered valid if it falls under the scope of Article 227. When considering the case, the path, place and time of the injury must be taken into account. The fact is, if the site of the incident was the territory of the enterprise, then the treatment will be necessarily paid. But if an employee broke her arm on the way home (or already entering the house), then such an incident is not always taken into account and is subject to investigation.

As for a different type of movement, if a person was on his way on a business trip, then even an accident in public transport is considered official damage.

None of the employees is insured against accidents, but as prescribed in the Labor Code Russian Federation, each victim has the right to demand compensation for the injuries received. If a certain question arises, then the legislation, and in particular the Labor Code of the Russian Federation, guarantees the consideration of all emerging situations.

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