Occupational Injury on the Way to Work: Definition, Labor Code and Legal Advice

Everyone can get injured. As a result of external exposure to the body, damage to tissues or organs is possible. Many factors can contribute to damage. Depending on where the injury was received, it can be domestic, sports, industrial. Consider the latter option in detail. After all, it is not clear whether an injury on the way to work is considered industrial or not? What does the Labor Code say about this?

What does work injury mean?

The labor protection service ensures that the number of work-related injuries and occupational diseases is minimized. In the performance of official duties, the worker may be injured; no one is safe from this. It will be called production.

Here are some cases of injuries at work, namely in which places, belong to this category:

1. It was received on the territory of the organization.
2. Directly at or near the workplace.
   
3. On the way to a business trip or on return.

An injury is not received at the workplace, but is considered to be industrial if it:

1. Performance of work not in accordance with the job description. But it is carried out on behalf of the authorities.
2. Injury on the way to work is considered an occupational injury if the worker gets on vehicles allocated by the organization or on his own transport on behalf of the management.
3. The moment of a break between shifts.
4. When eliminating the consequences of accidents, disasters. At the same time, the rules of TB were not violated.

Industrial injuries

We highlight that the company is considered industrial injuries:

1. Electric shock.
2. Heatstroke.
3. Corporal wounds of any complexity.
4. Bites of insects, animals.
5. Thermal burns or frostbite.
   
6. Injuries resulting from explosions or catastrophes.
7. Lightning strike.
8. Injuries resulting from accidents.

But you can get injured not only during the work process.

Injury on the way to production. Nuances

According to article 227 of the Labor Code, we note that it is considered an industrial injury on the way home or to work. It is such, provided that the worker moved on the organization’s vehicles or in a company car.

If a person was traveling by public transport to work and was injured, this cannot be considered an industrial injury.

If the employee fell before reaching his workplace, then this will be considered a work injury only if this happened on the premises or when leaving the official transport.

Victim action

Has an industrial injury occurred on the way home from work or to work? In this case, the person must perform the following actions:

1. Do not leave the place where the injury was. It will be necessary to prove that this is the territory of the organization. Otherwise, injury may be assessed as domestic.
2. Notify superior management of what happened.
3. Call a healthcare professional to assess the severity of the injury.
   

Whether the road to work is considered an industrial injury, the commission will determine. It depends on many nuances.

Employer action

As soon as the employer is informed about the incident, he is obliged:

1. Provide qualified medical care. If necessary, arrange for the delivery of the victim to a medical facility.
2. Evaluate what happened, take urgent measures that will help to avoid problems, and possibly remove responsibility if the injury happened through the fault of the worker.
3. In the event that the injury is associated with what will cause the development of an emergency that may result in a disaster, the employer must do everything to prevent negative consequences.
4. Protect the place of the incident from outside interference in order to conduct an objective investigation.
5. Report the incident to government organizations, as well as to the relatives of the victim.
6. Contribute to the proper documentation and conduct of the necessary investigative measures.
   

On the territory of the enterprise, an industrial injury on the way to work should be considered, after which measures will be taken to eliminate, if possible, the causes of its occurrence.

Documenting

In case of injury at work, the incident must be registered by the employer. Inspection for labor protection or law enforcement agencies are required to participate in the investigation. It is necessary to fill out an act in the form of N-1.

On the basis of Article 230 of the Labor Code of the Russian Federation, paragraph 26 and Resolution No. 73, an investigation should be conducted.

A commission is created that finds out all the details and causes of what happened. According to the law, the victim himself can be included in this commission. The composition should be no less than three people.

The act in the form of N-1 is drawn up in two copies and contains the following information:

1. Details of the accident.
2. The place and time of what happened.
3. Causes.
4. Perpetrators and information about them.
5. What is the degree of guilt of the injured.
6. Information from witnesses, if any.

In addition to the act, some more documents are compiled.

Investigation

During the investigation, certain points must be recorded and the following documents drawn up:

1. Order on the appointment and composition of the commission.
2. Protocol inspection of the scene.
3. The protocol of the interview of witnesses.
4. Scheme from the place of injury.
5. The protocol of interviewing the victim.
6. Forensic report on the degree of injury.
7. If additional examination is required for the presence of hazardous substances in the body.
8. Conclusions on the act of form N-1.
9. Notification to the authorized bodies (Form H-8).
10. Registration of an accident in a journal.
    

Depending on the complexity of the injury, the following time is allocated for the investigation:

1. With a slight injury 3 days.
2. With severe 15 days.

If you fall on the way to work, work injury can also be mild or severe, this is determined by a specially created commission. The most severe outcome is, of course, fatal.

Compensation

If an employee is injured in the workplace, then compensation is due in such cases:

1. Damage received at the enterprise.
2. An animal or insect bite is received.
3. There was an accident on the road with official vehicles.
4. Physical injuries at work.
5. Damage was received while traveling on working vehicles.

If it is proved that this is an industrial injury on the way to work, the worker is entitled to the following payments:

1. A one-time insurance payment.
2. Hospital for temporary disability.
3. Reimbursement of treatment costs. The amount of payments is established by a medical institution. If the injury was slight, then the employer reimburses at his own expense, and not for the FSS.
   
4. Material payments are monthly.

If the company has a sectoral tariff agreement indicating the conditions for increased collateral, other compensations may be awarded.

The worker has the right to demand compensation for moral damage through the court or by mutual agreement of the parties.

Responsibility of the production manager

If the investigation confirms that an occupational accident occurred on the way to work, the employer is responsible. The degree depends on its severity and the cause of what happened.

If the emergency is fatal, the commission of inquiry will consist of the following representatives:

1. Employees of the enterprise.
2. Labor inspection.
3. FSS.
4. Local administration.
5. Regional union.

The commission will seek violations by the worker. When identifying the perpetrator, he is brought to disciplinary action. Officials may bear administrative, criminal liability.

Here is an example of administrative fines under the law:

1. Failure to comply with labor protection rules. Leaders are subject to an administrative fine of 2,000 to 5,000 rubles. Legal entities - from 50 to 80 thousand rubles. Article 5.27.1 of the Administrative Code of the Russian Federation. Part 1.
2. The employee did not undergo periodic medical examinations, as well as training and testing knowledge of labor protection rules. The administrative fine is from 15-25 thousand rubles. Article 5.27.1 of the Administrative Code of the Russian Federation. Part 3
3. Non-observance of labor protection standards led to serious harm to the health of the worker. A fine of 400,000 rubles. Or the salary for 1.5 years. Perhaps the appointment of disciplinary punishment for 180-240 hours. Imprisonment of up to 2 years with a ban on holding a specific position for a specified period or indefinitely. Part 1. Article 143 of the Criminal Code.
4. If the injury has led to death, it is assumed that imprisonment or correctional labor up to 4 years without the ability to work in a certain position. Part 2. Article 143. Criminal Code of the Russian Federation.
5. Events resulting in death by negligence. Punishment in the form of correctional labor or a prison term of up to 5 years without the right to work in a certain position for up to 3 years. Part 2. Article 216 of the Criminal Code.

Domestic injury

Injury on the way home from work will be considered industrial if the worker is injured when leaving the enterprise’s vehicle due to breakdown. If he simply walked and fell, then this is a personal injury, provided that this is not the territory of the organization.

Household injury must also be confirmed for sick leave. The head of the enterprise in the event of an employee receiving personal injury has the right to demand the following documents:

1. Explanatory note with details of what happened from witnesses of what happened.
2. A compiled act of household injury. Composed in any form.
3. Sick leave.

A work injury on the way to work on foot is not considered unless it is the territory of the enterprise. Often in such cases, workers conceal the fact of what happened from the employer. Therefore, he has the right to demand an explanation for any injury.

Not all incidents at work are reported to workers by management. Responsibility may be borne by the manager later, since the statute of limitations for the consideration of accidents at the enterprise does not exist.

The worker has the right to file a claim with the labor inspectorate, in which case the employer will be fined.

Legal advice

In order to prevent accidents at work, lawyers advise:

1. Safety and health instructions should be studied by employees. Be sure to be supported by the date of acquaintance and signature.
2. Trainings were held, which all employees must also take. Documents confirming familiarization with the date and signature of workers.
   
3. To develop a plan of action in case an employee gets injured at work. All employees and management should know this. Timely first aid can significantly reduce the severity of the possible consequences of an injury. Finding witnesses and maintaining the situation will help to find out the real causes of the accident.

To avoid industrial injuries on the way to work, employees must know and comply with the rules and requirements of labor protection. Employers must create all the necessary conditions to ensure safety throughout the enterprise and on selected vehicles.