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 official change is considered to be registered in employment contract. 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 work 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? IN Labor Code it is said that the decisive role is played by the transport on which you were traveling 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 legislation. 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 a legal entity - an employer, and individual- an 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.
According to labor law, injuries are divided into two types: industrial and domestic. The injury that was received by the employee during working hours, as well as during the period when he got to work or vice versa - home is considered to be an industrial injury, however, there are several nuances that are regulated by Art. 227 of the Labor Code of the Russian Federation. According to it, an investigation within the framework of labor law subject to accidents that occurred with working citizens under the following circumstances:
- If the employee traveled by company transport provided by the employer to or from work, or by a private car used for business purposes.
- If an employee went on a business trip by transport or was injured while being a pedestrian and performing an official assignment.
- If a citizen was injured on the way to work during a shift change. This applies to shift drivers, conductors, some Russian Railways employees, etc.
- If an employee was injured during work to prevent or eliminate disasters and other emergencies.
It is worth noting that the working hours and the shift change period are determined individually in each organization, but in any case they should be reflected in local regulations and employment contract.
What are considered work injuries?
- Any bodily injury.
- Electric shock, thermal shock.
- Burns, frostbite, drowning.
- Damage by lightning or radiation.
- Bites of insects and animals.
- Injuries resulting from an explosion, accident, natural disaster, etc.
- Any damage resulting from external influence and resulting in permanent disability.
An accident while traveling to a place of work related to production
In order to qualify an injury as a harm to health received at work, one of the following conditions must be met:
- The employee was sent to the place of work on official transport or a private car if such a need is indicated in the employment contract and it is used for official purposes.
- The employee moved by any type of transport or on foot to fulfill the instructions of the head.
- The employee was injured on the territory of the organization in which he is employed.
- The incident happened during business hours.
Below we consider examples when cases of injury are classified as industrial and domestic.
Manager Agafonova L.I. I drove to work in my own car. Her working day starts at 9 am, and the vehicle is not listed in the documents as being used for official purposes. On the way, she got into an accident through no fault of her own, as a result of which her health was harmed, and with a diagnosis of “closed craniocerebral injury”, she was taken to the hospital. Compensation for harm to health will be paid to her Insurance Company the culprit of the accident, or he himself in court.
Rescuer Panin A.V. participated in the work to eliminate the consequences of the collapse of an apartment building, as a result of which he was injured. The commission found that he did not violate safety precautions when performing emergency response work, so he is entitled to compensation payments for health damage.
Lawyer Demidova S.I. on behalf of the employer, she went to Amaks LLC to deliver the documents. On the way to the organization, a part of the slab from a multi-storey building fell on her, as a result of which she was seriously injured. This case is considered industrial, and she is entitled to compensation. In addition, the head of the REU or the management company, which the house is serving, must be held accountable, because. this situation must be qualified under Art. 293 of the Criminal Code of the Russian Federation as negligence, if it is proved that the incident could not have been prevented.
Thus, an injury on the way to work is considered industrial only if it was received while driving on official or personal vehicles used for work purposes, or when moving on foot to fulfill the instructions of the head. All other cases not specified in Art. 227 of the Labor Code of the Russian Federation, are considered household.
The same applies to a work-related injury on the way home from work, and both incidents must be recorded and properly documented.
The terms for the investigation of accidents at work are established by Art. 229.1 of the Labor Code of the Russian Federation:
- If the employee received minor injuries, then 3 days are given for consideration.
- If a serious injury has been received, then 15 days are allotted for investigation.
Employees of the labor inspectorate may be involved in the investigation of an accident. Their duties include identifying and identifying witnesses to the incident; persons who violated labor protection requirements; obtaining explanations from the injured employee and the necessary information from his employer.
What documents should be issued during the investigation of the incident:
- Order on the composition of the commission. It describes the list of persons participating in the case.
- Protocol of inspection and scheme of the scene.
- Record of the interview of eyewitnesses and the victim himself.
- Medical report on the severity of the injury.
- Information about weather conditions.
- The results of a medical examination for alcohol or drug intoxication of the victim.
- The conclusion of the commission on the H1 form, in which it will be given Full description incidents and indicate whether the case is industrial or not.
In conclusion, a corresponding note is made in the register of registration and accounting of industrial accidents.
What should be the actions of the employer if his employee was injured at work:
- First you need to call an ambulance and provide first aid, and if necessary, take you to the hospital.
- Before starting an investigation, you should try to save the situation at the time of the incident, or draw up a diagram, take photographs.
- Go to the hospital where the victim was taken to find out the diagnosis and get the registration form No. 315-y.
- Within a day from the moment of the accident, notify the territorial body of the FSS in the form approved by Order No. 157 of the FSS of the Russian Federation.
If we are talking about causing harm to the health of a group of people, severe injury or death, then, in addition to the FSS bodies, the employer is obliged to notify the Labor Inspectorate, the prosecutor's office, the Trade Union, the relatives of the victim and Rospotrebnadzor (in case of poisoning) about the incident.
For concealment of an insured event, liability is provided for under Art. 15.34 Administrative Code of the Russian Federation:
- For citizens - a fine of 300 to 500 rubles.
- For officials - from 500 to 1,000 rubles.
- For legal entities- from 5,000 to 10,000 rubles.
There is no statute of limitations for investigating such incidents, so any citizen who has received an industrial injury can apply to the Labor Inspectorate with a statement about the employer's concealment of an industrial accident.
What are the benefits for an injured worker?
In Art. 8 of the Federal Law No. 125 "On Compulsory Social Insurance ..." is indicated complete list payments provided for employees injured at work:
- One-time insurance compensation.
- Temporary Disability Allowance.
- Monthly insurance payments.
- Compensation for expenses related to treatment, travel to medical institution and back.
If the organization has an industry tariff agreement that provides for increased security, then the injured employee has the right to demand other compensation, in addition to the mandatory ones.
Non-work related injury on the way to work
If the commission found that the injury is not work-related, then the conclusion is in an arbitrary form, and not according to the H-1 model. It often happens that the employee does not file a complaint about the incident, but the employer is obliged to conduct an investigation on his own initiative in order to avoid further problems, because the legislation does not provide for the deadlines for considering cases at work and the employee can contact the Labor Inspectorate at any time, moreover concealment is subject to administrative liability.
If an employee has received a non-work-related domestic injury on the way to work and has not filed a complaint with the supervisor, the latter may, on its own initiative, conduct an investigation and request information from medical institution in which the subordinates were treated. To protect yourself, it is recommended to issue the following documents:
- Explanatory notes from your employee and eyewitnesses of the incident.
- The act of receiving an injury not related to production.
- Get sick leave from a subordinate.
Where do I go if I don't have work injury benefits?
Such situations arise quite rarely, but it should be borne in mind that the employer does not pay compensation to an employee who has received an industrial injury from his personal pocket: all payments are made from the FSS fund. If they were not made on time, then the injured employee can file a complaint with the Labor Inspectorate, the territorial body of the FSS itself, or immediately go to court with a statement of claim.
The terms for consideration of applications in court are established by Art. 154 Code of Civil Procedure of the Russian Federation and apply to cases when it comes to civil, not criminal cases. Calculation of terms starts from the date of receipt of the claim, and their duration is 2 months. If the case is considered in the World Court, then 1 month is given to resolve disputes.
Few people know how to act if an injury was received on the way to work. And if a payment is due for this, the issue becomes even more relevant. An accident can happen suddenly, and no one is immune from this.
If the injury was received on the way to work, is it related to the production
The citizen went to work and was injured on the way. Is this injury related to work? Should there be an investigation?
When a person is injured on the way to work, it is considered a work-related circumstance. But it would be wrong to call it production.
Official investigation is carried out:
- When the employee traveled on the transport provided by the enterprise. It is important that the transport is used for official purposes.
- When an employee is injured on a business trip and on the transport of the employer.
- If the driver is injured during a shift change.
- During the elimination of the consequences of the disaster, an accident occurs with the worker.
IN local acts should reflect how to manage issues between parties in case of injury on the way to work.
For example, an employee after work went to the store, and then went out and fell on the porch, broke her leg. Will this case be classified as production related? No, since she originally visited the store.
Non-work related injury
If an employee was injured on the way to work, how to determine whether it was industrial or not? An injury is considered industrial if the employee was on the transport provided by the enterprise, but several conditions are taken into account:
- the use of a personal car by order of the company's management, as well as if this information appears in the employment agreement;
- the administration of the enterprise has a copy of the registration certificate of the vehicle;
- employee travel is accounted for.
If at least one of the conditions is not met, then the injury is domestic.
Normative base
- Ask the victim and eyewitnesses to write explanations about this.
- Establish an investigation committee. This requires a medical report on the severity.
- After the act in the form H-1.
- Payment for sick leave is made at the expense of the employer if the incident occurred through the fault of the administration of the enterprise.
The actions of the employer are regulated by regulatory documents.
List of documents
To investigate an accident, you need to prepare a list of documents:
- Order on the enterprise, in which a commission of inquiry headed by a chairman is appointed. Interested persons cannot be members of the commission.
- Documents from medical organization regarding the severity of the case.
- Eyewitness testimony and personal explanation from the victim.
- Video and photography from the scene, if possible. If the place cannot be left in the condition in which the accident occurred, then the video materials will not be claimed.
- Information about the briefings, copies of personal cards on the issuance of overalls and PPE.
- The results of a drug test to confirm that the employee was in a normal condition.
- Diagram of the place where the accident happened.
- A document that defines the relationship of the unfortunate person with production.
If necessary, other documents are submitted.
If the injury occurred on a business trip
Work-related injury can occur while on a business trip. If an employee went on a business trip or is returning back and had an accident along the way, then an investigation is inevitable.
The working day on a business trip is identical to the working time spent at the place of work. When an employee acted in the interests of the administration of the enterprise or in personal interests, it will also be taken into account during the investigation.
The conduct of an investigation may vary depending on the circumstances. If the employee was not seconded to a specific organization, then employees who are in charge of the territory of the facility are included in.
The duty of the organization is to conduct an investigation and, among other things:
- you need to notify the insurance service about the incident;
- prepare an Incident Report;
- send a notification to the employer for whom the victim works if the injury has acquired serious consequences (permanent disability or death, and also happened to several employees at the same time);
- it is necessary to investigate an accident while on a business trip.
Responsibility of the employer in case of concealment of the case
Injury at work is an insured event and the consequences can be compensated in accordance with applicable law. It turns out that the employer is liable if the accident was not properly investigated. 
This is an article introduced in the administrative code, on the basis of which punishments are established. For this, penalties apply:
- for ordinary citizens, the amount of the fine is set at 300-500 rubles;
- for employees 500 -1000 rubles;
- For organizational structures 5000 -10000 rubles.
Therefore, it is unprofitable to hide such cases so that everything results in unpleasant consequences. In addition, an investigation will be carried out and the organization will take a lot of time, which will entail a lot of unpredictable circumstances that affect the release of finished products.
What payments are due
Upon confirmation of the fact of injury to an employee and after an investigation, the first is entitled to payments from the FSS:
- According to the presented, since temporary disability has been established.
- One-time and monthly compensations are paid.
- Expenses are reimbursed Money on the fact of what happened to professional, social or medical rehabilitation.
If an employee is injured as a result of an injury at work, then he is entitled to payment of wages in full, and the length of service does not affect the size. The allowance is paid until the ability to work is restored. For a month, payments do not exceed 4 amounts of benefits established by the FSS. If earnings are exceeded, then the allowance can be paid at the maximum amount.
The size depends on the injuries received, which are installed on the MSEC. On the basis of the adopted position, maximum amount. For some categories, a district coefficient is paid. When a fatal outcome occurred, the relatives should receive a million rubles as compensation.
The payment depends on the average earnings. At the same time, all income received by the victim earlier is taken into account, including remuneration under an agreement or an author's order.
What to do if they don't pay benefits
If the allowance is not issued, but the citizen received an injury recorded by specialists, then he needs to declare his rights. That's what the labor inspectorate is for. Its employees will issue an order and may be punished with a fine for violations.
If this does not help, then every citizen has the right to go to court. The court will rule on the illegality of the actions, and the allowance will be obliged to pay in full. According to the law, an employee must receive.
For an injury on the way to work, see this video:
Question form, write your
To qualify an accident that occurred on the way to work, you need to investigate many circumstances. If the employee was on the way to work in a company car, then the case will be recognized as a production case. But if the employee moved on foot through the territory that is not controlled by the employer, then there are reasons to consider the injury as domestic.
Each accident is subject to investigation (Article 229 of the Labor Code of the Russian Federation), for which a special commission is created, whose tasks include studying the circumstances of the incident and determining the accident as production or non-production. These factors determine whether the victim will receive monetary compensation for the injury (if the accident is fatal, the relatives of the deceased receive compensation).
Very often, commissions at this stage make mistakes and qualify cases as non-productive, acting in the interests of the employer. There are cases when employers completely refuse to investigate the accidents that happened to their employees and inform the prosecutor's office, labor inspectorate and other authorities about them, which eventually leads to fines and courts. Employers often do this if the accident was recorded outside the employer's premises or after hours.
The manager must know that if the employee was not at his workplace, but acted in the interests of the employer, then the time and specific place where the accident occurred is of little importance. IN similar situations an injury can be recognized as non-production only if the cause of injury or death was the employee’s illness or alcohol intoxication (part five of article 229.2 of the Labor Code of the Russian Federation).
Car accident on the way to work
It is not always possible to simply and unambiguously qualify an accident, for example, if an employee is injured while on the road (to or from work). Following the rule, an injury under such conditions would not be considered an industrial accident and therefore subject to investigation. An investigation is inevitable in certain situations specified in the third part of Article 227 of the Labor Code of the Russian Federation.
An accident with an employee will necessarily be qualified as an industrial one if the victim had a company car at his disposal. Suppose he was driving a company car to work and was injured in an accident. This case requires investigation by a special commission. The main point here is the use of a corporate car by an employee.
A different approach will be if the employee was injured on the way to work in or on a personal car that was not used by agreement for official purposes. According to the Labor Code of the Russian Federation (Article 227), under such circumstances, an investigation will not be required.
Another example: an employee was walking to work and was injured at that time - there is no need to investigate the accident.
But even here there are exceptions. For example, an employee was injured on the way to work, but the incident occurred on the territory of the employer. Then the court can recognize the injury as a work injury. In particular, the Federal Antimonopoly Service of the Moscow District explained in its ruling dated 01/01/01 on the case that an injury sustained on the employer's premises while on the way to work is being investigated as an accident by virtue of paragraph 3 of the Regulation approved by a resolution of the Russian Ministry of Labor dated 01/01/01 No. 73. The Commission can recognize it as non-production only under certain circumstances, prescribed in part five of Article 229.2 of the Labor Code of the Russian Federation (if the employee's illness was the only reason for what happened).
An accident while executing a verbal order from the employer
The Labor Code of the Russian Federation (part one, article 229.1 of the Labor Code of the Russian Federation) states that 15 days are allotted for the investigation of a severe accident.
Sometimes employers give employees assignments that are not related to their labor functions. For example, after the end of the working day, the seller was asked to deliver the order to the client, since the courier does not have time to do it himself. It is clear that if an accident occurred with an employee during the execution of an assignment, then an investigation is required, and the case will most likely be recognized as a production case, because the employee acted in the interests of the employer (part one of article 227 of the Labor Code of the Russian Federation). If the employer claims that he did not give any tasks to the employee, then there is a chance to challenge this statement by collecting the testimony of witnesses.
So, if the employer gave an assignment that is not part of the functions of the employee, and the latter died or was injured, such an event is clearly considered an industrial accident. It does not matter the location of the employee and the time of his injury. In this case, the very fact of the execution of the order by the employee becomes decisive.
Penalty for refusing to investigate an accident
A fine can be imposed by the state labor inspector, based on the results of an audit initiated on the basis of an appeal from an injured employee.
Employers often refuse to investigate an accident. But the employee has the right to write a statement to the GIT. The inspector thoroughly and single-handedly investigates the accident, without relying on any arguments coming from other people. The company and the director will be fined if the inspector confirms the fact of the accident (part one of article 5.27.1). The basis for punishment will be that the employer did not inform the relevant authorities about the accident and did nothing.
Also, an employee can file a complaint with the GIT if he is not satisfied with the results of the commission's investigation. It happens that after additional check, the controller draws a different opinion and qualifies the accident as a work-related injury. Then the employer will be required to draw up a new act. It is unlikely that the employer will be able to appeal the decision of the inspector - practice shows that representatives of the courts in such disputes are usually on the side of the GIT.
Worker injury during lunch break
There are cases of injury to workers during lunch. The procedure is the same - it is necessary to create a commission on the fact of injury and investigate what happened. This is a production or non-production case, depending on whether the employee acted at the given time in the interests of the employer, whether he performed labor functions or instructions from the employer.
The case and injury will also be recognized as work-related if the employee is delayed at the workplace due to official necessity. The company can dispute this fact if it proves that the employee did not perform tasks at that time. In this case, the facts of violation by the employer and non-compliance with labor protection rules are of particular importance.
The examples show that it is impossible to determine exactly what decision the court will take on the fact that an employee is injured during lunch. The indiscretion of the worker, which led to the accident, will not play a special role.
Compensation for injury from a source of increased danger
If an employee is injured while servicing a source of increased danger, it involves the payment of compensation for non-pecuniary damage. It doesn't matter if the employer is at fault or not.
The work of many people is associated with sources of increased danger - vehicles, generators electrical energy and other mechanisms (part 1 of article 1079 of the Civil Code of the Russian Federation), from which employees can be injured. Even if the injury is qualified as non-production, the employee is provided with compensation for moral damage and the funds spent on treatment. Thus, the fact that the organization owns sources of danger is of primary importance (Article 1079 of the Civil Code of the Russian Federation). To avoid liability in such a situation, only proof that the accident arose as a result of the intent of the employee, force majeure, or there was a fact of criminal actions of third parties, as a result of which the source of danger was out of the possession of the employer (Article 1079 of the Civil Code of the Russian Federation) will help to avoid liability. It will not be possible to completely avoid liability, but if gross negligence is established in the actions of the employee, the amount of compensation may be reduced (clause 2 of article 1083 of the Civil Code of the Russian Federation).
An accident during an inter-shift rest on duty
Let us consider the cases when an employee works and gets injured while in a shift camp during an inter-shift rest. It seems to be obvious that such a case occurs during non-working hours and the employee definitely does not perform work duties. But even in this situation there are pitfalls.
Part three of Article 227 of the Labor Code of the Russian Federation spells out the need to investigate accidents that occurred during rest between shifts with employees working on a rotational basis. In this case, a commission is also created and an investigation is carried out.
Confirmation of this can be found in judicial practice. The Presidium of the Supreme Arbitration Court of the Russian Federation considered a dispute between a branch of the FSS of Russia and a company that determined the accident as not insured. An employee was injured on the territory of the shift camp while resting between shifts. In addition to referring to the third part of Article 227 of the Labor Code of the Russian Federation, the court took into account an important circumstance. In the conditions concluded with the employee, it was prescribed that the latter's duties include observing the rules of conduct in the shift camp and during rest. Therefore, the presence of an employee in the territory of the settlement was defined by the contract as the performance of labor duties, even between shifts. The court ordered the employee to pay compensation.
Reducing the amount of payments in case of an accident if the employee was drunk
In itself, the intoxication of an employee does not immediately determine the accident as non-production.
According to the Law (part five, article 229.2 of the Labor Code of the Russian Federation), an accident is considered non-productive if the only reason for it was the intoxication (poisoning) of the employee. Often, employers abuse this rule and recognize cases as non-productive even when there were many other factors besides the employee's alcohol intoxication.
It is necessary to be aware that the employee, being intoxicated, can carry out the instructions of the employer. In this case, it is believed that the manager did not organize proper control over his employee, however, alcohol intoxication may indicate gross negligence of the latter (part seven of article 229.2 of the Labor Code of the Russian Federation). With such a fact, it is possible to achieve a reduction in the amount of payments to the employee (Article 14 federal law dated 01.01.01, Art. 1083 of the Civil Code of the Russian Federation). The accident will be considered work-related.
The case will undoubtedly be recognized as non-production if the cause of the death of the employee or his injury was precisely alcohol intoxication. To establish this fact, a medical report from the institution that conducted the examination of the injured or deceased employee will be required. The form of the medical report was approved by order of the Ministry of Health and Social Development of Russia dated 01.01.01 No. 000.
Thus, if the employee’s alcohol intoxication is established, then the employer’s duty is to study all the circumstances and record them in the investigation report.
Chief Specialist
in Public Administration
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 established labor agreement breaks, 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 this is used public transport or passenger transportation services, then even if serious injuries are received, the employer cannot be forced to make 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, a large number of abuses of such a situation were recorded. 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 is equated to the performance of 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.
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