What is considered a work injury? Features of the investigation of an industrial injury on the way to work, home, and also during the lunch break Industrial injury during the lunch break.

17.01.2022

Labor legislation obliges employers to provide employees with safe conditions and labor protection in the organization. But, if, nevertheless, the injury could not be avoided, then it is worth knowing in which cases the injury is recognized as industrial, and in which it is not.

What is a work injury

The definition of an industrial injury is enshrined at the level of law: this is harm to an employee as a result of an accident that occurred during working hours, on the way to or from work (Article 227 of the Labor Code of the Russian Federation).

There are always questions about injuries sustained outside the workplace. For an injury to be considered work-related, it must meet the following criteria:

there was a direct performance of labor duties specified in the job description, as a result of which an injury was received;
carried out the execution of instructions from the administration of the enterprise;
an accident that occurred on the way to work under certain conditions;
the injury was received during a rest period or a lunch break organized by the employer;
the injury was received outside the enterprise, but the employee followed the instructions of the employer;
the injury was received on a business trip or en route.

If the accident occurred due to the fault of the employee, then this case is not considered as an injury received at work, and therefore does not imply compensation.

But still, it is necessary to create a special commission to establish the causes of industrial injuries in each specific case, and it will help to defend your rights.

Not only those workers who work in production with obviously dangerous working conditions, but also office workers can get injured.

The result of an industrial injury received both at the place of work and on the way to it may be the need to transfer the injured employee to another, easier job, as well as temporary disability, or permanent disability by the employee, in rare cases - death. An illness resulting from the performance of labor functions can also be recognized as a labor injury.

Causes of work injuries and their participants

Injuries received at work have various reasons, among which are: non-compliance with safety regulations on the part of the employee, improper use of technical means, negligence of the employee, admission by the employer to work of an unqualified specialist, failure to provide instructions, etc.

The participants in an accident at work can be: the employee himself, the employer, a student undergoing an internship at work, a citizen involved in the performance of work (public work) on the basis of a judicial act, a convict who was involved in physical labor at work.

Types of work injuries

All injuries received at work (depending on the type of damage) can be divided into the following types: electrical, chemical, thermal, technical.

In this case, it is not so much the type of damage that is of key importance, but the degree of injury received. Accordingly, depending on the latter factor, occupational injuries are classified into minor injuries, such as bruises, common bone fractures, concussion, miscarriage, and severe injuries.

Severe injuries that pose a direct threat to the health and life of an employee include:

complex bone fractures;
injuries accompanied by blood loss of more than 20%;
serious violation of the activity of internal organs;
brain injury;
coma;
damage to the cardiovascular system;
burns and chemical burns;
loss of vision, hearing, or speech;
mental disorders of a complex nature.

A separate line is occupational diseases that lead to a permanent impairment of the health of the employee, as well as to partial or complete disability.

Injury received on the way to or from work

An injury received by an employee on the way to the place of performance of labor functions or from work home on the transport of the employer or his representative is automatically considered industrial.

If an employee was driving a personal vehicle and was injured, then it is considered production if:

the car was used by the employee to fulfill the orders of the employer or for official purposes (fixed in the employment contract), when the work of such an employee is associated with official travel in accordance with his job description;
the corresponding order of the head was issued;
in the accounting department there is a copy of the vehicle registration certificate;
if the employee drove a car on the basis of a power of attorney;
the company keeps records of business trips (trips) of employees in a private car, for example, on the basis of waybills.

Thus, an injury received on the way to work, or home from work, when traveling by public transport, on foot or in a private car, but without an agreement on this with the employer, is considered as household (Article 227 of the Labor Code of the Russian Federation).

Injury received during a business trip to the place of work

An injury received by an employee during a business trip (by car, on foot) to the place of work on the instructions of the employer will be considered a work injury. Typically, such injuries are caused to workers whose work is of a traveling nature, such as drivers, sales representatives and couriers.

Traveling nature must be documented at the place of work. As evidence, a labor agreement (contract, contract), job description, business trip (travel) log book, route (travel) sheets and others are provided.

An injury received by such an employee is recognized as a work injury if all the specified documents are available, the employment contract contains a condition on the traveling nature of the work, and it was received during the performance of labor functions.

Injury received by employees during a lunch break or during a "smoke break"

Employees can get injured while at work, but not actually performing work functions both during the lunch break and during the so-called smoke breaks (smoking breaks), if such breaks (for eating, resting, smoking) are established by the employer . Grounds for establishing breaks provided for by the provisions of Articles 107, 108 and 227 of the Labor Code of the Russian Federation. At the same time, the time for providing such breaks and their duration are already determined by the employer in the internal labor regulations, or on the basis of an agreement reached between the employee and the employer.

For example, when an employer, under the terms of an employment contract, provided employees with free meals in a canteen located in a neighboring building. In the internal labor regulations, the employer fixed the time of the lunch break, and also transferred money for employees' lunches to the settlement account of the organization (canteen) providing the relevant services. The funds are transferred when the employees were actually at the workplace and went to the canteen chosen by the employer at the set time for lunch. If, on the way to lunch, an icicle falls on an employee and causes significant damage to him, or if he slips on the porch of the dining room and breaks his leg, then these incidents can be qualified as work-related injuries.

If employees receive similar injuries during the time period set for lunch, but on the way to the restaurant of their choice, and not to the canteen with which the employer has agreed, then they will be recognized as domestic.

More difficult is the case with smoking breaks. In order for an injury sustained during a smoke break to be considered work-related, the following conditions must be met:

the time of the break(s) for smoking and their duration must be adopted by the internal labor regulations;
special smoking areas must be equipped, in accordance with the requirements of safety rules, marked with signs "Smoking area";
the presence of such places should be recorded in an independent document of the organization - the employer, with whom the employees get acquainted against signature.

In accordance with these nuances, injuries received during a smoke break in a neighboring yard or a nearby square, received by employees who went out to smoke in the fresh air during an official break, are not recognized as work-related injuries. Such injuries are considered domestic.

Injury caused to an employee by others

In accordance with the provisions of Art. 227 of the Labor Code of the Russian Federation, an injury inflicted on an employee by another person is qualified as bodily injury, which is considered both as domestic and as industrial injuries, depending on the participants and the circumstances of the case. In each case, a complete analysis of the circumstances is carried out, the perpetrators and punishment are identified, and the possibility of compensation for material and moral damage is considered. Since there are many nuances in these situations, compensation is initially paid not at the expense of the employer, but at the expense of the FSS. Then you can get compensation from the guilty person through the court.

The injury was received during a corporate holiday

Such injuries are always recognized as domestic, even if they occurred on the territory of the employer and during working hours.

For example, if employees celebrated the approach of the new year during the working day, and, launching fireworks in the courtyard of the company - the employer, received burns, then such situations still qualify as domestic injuries, even if they were intended to strengthen the corporate spirit.

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Moreover, the following situations do not belong to accidents at work:

death of an employee due to illness or suicide, confirmed by a healthcare institution and investigating authorities;
death of an employee or harm to health, the only cause of which was alcohol or other toxic intoxication, not related to violations of the technological process (using toxic substances);
an accident that occurred to an employee due to the commission of a criminal act by him.

Findings:

Each employee injury case is reviewed and investigated on a case-by-case basis.
It is important to take into account all the conditions, the presence of which recognizes this or that injury as a work injury, which means that the employee can count on certain payments.
In order for an injury received on the road to fall under the definition of a work injury, it is necessary that the employee get to the place of performance of labor functions in the transport provided for this purpose by the employer or use his own vehicle, the use of which for official purposes is prescribed in the employment contract.
An injury sustained during a business trip will be recognized as a work injury if the traveling nature of the work is provided for by the employment contract.
Injuries received during corporate holidays, or during a showdown between employees are not labor injuries, but fall under the category of domestic ones.
The result of a work injury may be the need to transfer the injured employee to another, easier job, as well as temporary disability, or permanent disability by the employee, in rare cases, death. An illness resulting from the performance of labor functions can also be recognized as a labor injury.

Thus, an accident at work is considered to be any incident that happened during working hours (the established break is also taken into account, as well as the performance of work on non-working holidays or weekends) on the territory of the organization. As well as those cases that occurred during a business trip, on the way to (or from) the place of work, if employees are transported by official vehicles or they use personal vehicles in accordance with an employment contract or by order of the employer. In all other situations, injuries received by an employee during working hours outside the organization are not considered an accident at work. An injury that an employee received on the territory of the organization during non-working hours can be recognized as an industrial accident if it is established that the employee at that moment was performing duties under an employment contract.

Industrial injury at lunch break (smoke break)

They are classified as follows:

it can be bodily injuries that caused temporary or permanent disability if it is necessary to transfer the victim to another job or the death of the victim.
events that are not under the control of the employer and which he may not directly influence (in particular, these are injuries that were inflicted during working hours by another person, for example, during a fight).

Thus, these injuries can be recognized as both industrial and domestic. After all, if the health of an employee is harmed by another employee of this employer, then the employer may also be to blame for this, who did not fulfill his obligations to comply with labor protection and safety regulations.

Or maybe not to blame, then such an injury will be considered as a domestic one.

Work injury or accident at work

Attention

In pp. "b" p. 3 of the Regulations on the peculiarities of the investigation of accidents at work in certain industries and organizations, approved. Decree of the Ministry of Labor of Russia of October 24, 2002 No.

N 73, it is also indicated that accidents at work are considered cases that occurred “on the territory of the organization, other objects and areas assigned to the organization on the basis of ownership or lease (hereinafter referred to as the territory of the organization), or in another place of work during working hours ( including the established breaks), including while traveling to the workplace (from the workplace), as well as during the time necessary to put in order the tools of production, clothing, etc. before starting and after finishing work, or when performing work outside normal working hours, on weekends and non-working holidays.

Error 404

Injury received by employees during a lunch break or during a “smoke break” Employees can get injured while at work, but not actually performing work functions both during a lunch break and during so-called smoke breaks (smoking breaks), if such breaks (for eating, resting, smoking) are established by the employer. Grounds for establishing breaks provided for by the provisions of Articles 107, 108 and 227 of the Labor Code of the Russian Federation.

Important

At the same time, the time for providing such breaks and their duration are already determined by the employer in the internal labor regulations, or on the basis of an agreement reached between the employee and the employer. For example, when the employer, under the terms of an employment contract, provided employees with free meals in a canteen located in a neighboring building.

What is considered a work injury?

How can we be? What should we do? Answer: According to Federal Law N 125-FZ “On Compulsory Social Insurance against Occupational Accidents and Occupational Diseases”, “an accident at work is an event as a result of which the insured person received an injury or other damage to health in the performance of his duties under an employment contract (contract ) both on the territory of the insured and outside it, or while traveling to the place of work or returning from the place of work on the transport provided by the insured, and which necessitated the transfer of the insured to another job, temporary or permanent loss of his professional ability to work or his death " . Labor Code of the Russian Federation in Art.

Injury at lunchtime

Info

But still, it is necessary to create a special commission to establish the causes of industrial injuries in each specific case, and a labor lawyer will help defend your rights. Not only those workers who work in production with obviously dangerous working conditions, but also office workers can get injured.

One of which is treated as an accident at work.

However, some employers find it difficult to choose the wording when it comes to an injury received by an employee on the way to work or in the opposite direction - on the way home from work.

Is an injury sustained on the way from home to work an occupational injury?

Each case related to the infliction of harm to health at the enterprise must be registered and subject to registration by the employer, the Labor Inspectorate and other law enforcement agencies, if required by the procedure.

The fundamental document in the case under investigation is an act drawn up in the form H-1.

This paper confirms the fact of the onset of the National Assembly, and also contains an expert opinion and conclusions of the commission.

One of the points of the act that must be filled out is an indication of the cause of the incident. The basis for the investigation are the following circumstances, which are provided for by regulatory documents (Article 230 of the Labor Code of the Russian Federation, clause 26 of Resolution No. 73):

falling from a height of one's own height or when performing work at height;
exposure to electric current, excessive temperatures, harmful substances;
neuro-psychological, physical overload;
damage from contact with animals and other units;
collapse of materials and other structures, collapses of the earth, foundation;
exposure to moving objects;
murder;
drowning;
the impact of natural disasters.

Non-standard circumstances cannot arise on their own; for this, appropriate conditions must be created under which the National Assembly is qualified as a production one.

An injury is considered work-related if it is received in the performance of official duties:

on the territory of the enterprise;
at or near the workplace;
outside the territory of the employer (business trip, road along the route and in the opposite direction, regardless of the method of movement, but specified in the collective agreement).

Also, an industrial injury is an injury received during the performance of official duties:

when executing the instructions of the employer in his interests;
when preventing emergencies, accidents, catastrophes, if safety precautions are not violated;
during inter-shift rest;
on the way to work by using corporate or personal vehicles at the direction of the head.

So, the types of incidents are enough to qualify the resulting injuries and classify them as industrial injuries.

In order to be able to qualify the fact of injuries on the way to work as damage to health received at the enterprise, one of the above conditions must be met. All other circumstances not specified in Article 227 of the Labor Code of the Russian Federation are classified as domestic injuries.

Is an accident at lunchtime considered a work accident or not?

The legislation does not give a clear answer whether an injury received at the workplace will be qualified, but during lunch or a technical break, since it did not take place at the set time.

The Labor Code qualifies the resulting injury as a work injury if it occurred as a result of an accident during working hours on the territory of the employer, including during the stipulated lunch breaks or performance of other work approved by the internal labor regulations.

There are two key points here:

workplace;
territory owned by the employer.

It is these indicators that are the basis for qualifying an injury as a work injury.

In addition, if an employee ate in a canteen owned by the employer and got poisoned, then the situation will also be attributed to an industrial injury.

Internal local acts establish the mode of operation of the organization, including the duration and number of technical and lunch breaks.

Only at this time the injury will be recognized as work-related.

Unauthorized smoke breaks and breaks not provided for by the internal regulations, or being outside the employer's territory at that moment will not be considered an industrial accident.

In enterprises where it is impossible to allocate a specific period of time allotted for a lunch break, an official is obliged to ensure the possibility of eating at the workplace during working hours.

What are the features of the investigation?

An injury on the way to work and vice versa - on the way home is considered to be an industrial injury if it was received while driving a company or personal vehicle used for work purposes, or when moving on foot to fulfill the instructions of the head.

In any case, the incident must be reflected in the relevant documents:

an order to convene a commission;
, drawing up schemes;
obtaining a forensic medical opinion on the category of injuries caused;
conclusion of the commission in the form H-1;
notification to the authorized bodies in the form H-8.
if necessary, additional examinations are ordered, for example, for the presence of toxic substances in the body.

The terms for investigating accidents are regulated by Article 229.1 of the Labor Code of the Russian Federation:

3 days are allotted to deal with situations with mild consequences;
15 days if a serious injury is received.

Employees of the Labor Inspectorate are involved in the investigation of injuries on the way to work or home, if necessary.

Their tasks include establishing the circle of persons involved in the incident, interviewing witnesses, identifying violations of labor protection requirements that led to industrial injuries.

PWTR is an internal local act, each individual enterprise has its own document, since it establishes all the features of the organization's work, including time, duration and other nuances regarding the lunch break. In addition to the PWTR, the lunch break schedule can be established individually with the employee when concluding an employment contract or contract. An injury at work during a lunch break is considered an injury if an employee:

was at work
was in the company
was in the cafeteria owned by the employer
was heading to the canteen on the territory owned by the employer

As for the canteen, the poisoning in this case will also be classified as an occupational injury if it was received as a result of poor-quality food that was served in the canteen at the enterprise.

Error 404

Info

Article 108 of the Labor Code of the Russian Federation provides employees with other breaks - breaks for rest and meals, which are not included in working hours. This break implies the absence of an employee on the territory of the organization.

Such a break is considered to be a time of rest for the employee, during which the employee is free from performing his duties. Therefore, an accident that happened to your employee during a lunch break cannot be qualified as an industrial accident and must be filed as a domestic injury.
Yu. Koryakina, lawyer, occupational safety specialist, HR manager at Biogard November 1, 2006

Injury at lunchtime

Important

What is the order here? – According to Art. 227 of the Labor Code of the Russian Federation, an accident at work is understood as an event as a result of which a person was injured or otherwise injured in the performance of duties under an employment contract (contract) both on the territory of the employer and outside it, or while traveling to the place of work (or return) on the transport provided by the employer, and which entailed the need to transfer the employee to another job, temporary or permanent loss of his professional ability to work or his death. A break during the working day (shift) is a rest time.

During this period, the employee is free from the performance of labor duties, and he can use it at his own discretion. In this case, the injury occurred just during a lunch break that was not included in working hours.

Industrial injury at lunch break (smoke break)

Attention

If the employee could prove that, even while being outside the enterprise at lunchtime, he was fulfilling the employer’s production task (based on the official task for a business trip, local business trip log, management order, job duties, etc.), such an accident would be considered production and drawn up by an act in the form of H-1. The claims of the employee, apparently, are related to the incorrect and still common opinion that the accident report also registers injuries that occurred on the way to and from work, i.e.

e. outside the territory of the enterprise. Such a provision did once exist, but was abolished quite a long time ago. T.

It's better not to get injured at lunch...

Investigation in the prescribed manner as accidents is also subject to the events specified in part three of this article, if they occurred with persons involved in the prescribed manner to participate in the work to prevent a catastrophe, accident or other emergency or in the work to eliminate their consequences. Based on the foregoing, I believe that in your case, the injury should be considered as an industrial injury, since it was received: ... during working hours on the employer’s territory or in another place of work, including during established breaks.

Lunch is a break based on the meaning of Art. 108 of the Labor Code of the Russian Federation. I wish you good luck and all the best! I would be grateful for your feedback.

How do I get paid sick leave if I break my leg during my lunch break?

Re: Re: Injury during a lunch break From: Alexey Date: 12-04-2006 04:16 ”(Resolution of the Ministry of Labor of the Russian Federation of October 24, 2002 No. 73) “N / s that have occurred are subject to investigation and accounting: - in the direct performance of work duties or work on the instructions of the employer, in the commission of other lawful actions in the interests of the employer, etc. etc. .P. Going to the court shop is not suitable. And then we read: “... on the territory of the organization, other facilities and areas assigned to the organization on the basis of ownership or lease (hereinafter referred to as the territory of the organization), or in ANOTHER PLACE of work during working hours (including the established BREAKS), including during following to the workplace (from the workplace), ...

#10 IP/Host: 195.46.102.
The hospital has long presented? The Labor Protection Inspectorate does not act atrociously on such injuries. And correct it in your documents. Your case is more related to the FSS.
Coordinate all documents with them. A certificate of severity of injury in the prescribed form is also required. Do you have it? #7 IP/Host: 195.46.102. Re: Injury during lunch break I had a case in practice.

Two tractor drivers dined in the tractor on parental day, naturally they took on their chests for the repose of their departed relatives. After the meal, one tractor driver stood on the roof of the bulldozer to relieve himself, but the green snake did its job and shook the tractor driver, he fell off the tractor and later died.

This accident was recognized by the court as a production accident. #8 IP/Host: 195.46.102.

Broke my leg on my lunch break

List of IP/Host messages: 81.195.220. Injury during the lunch break Good day to everyone! A question arose: An employee, during the lunch break established in the organization, went to the store, slipped, fell - injury. In accordance with Art. 227 of the Labor Code of the Russian Federation, injuries received ': during working hours on the territory of the organization or outside it (including during established breaks):' are investigated and are subject to registration as industrial accidents. I climbed the forum and the Internet, found two points of view - some believe that the injury is considered to be received at work, others do not. Share your opinions and doubts, colleagues. Need urgently, only with justification and links to legal acts. Thanks to everyone #1 IP/Host: 83.167.29.

Re: Injury during a lunch break You mine and answered. Work injury. #2 IP/Host: 212.176.14.
Our worker broke his leg during his lunch break. Please answer whether such an injury can be considered an industrial injury or is it still a domestic injury.

The list of accidents that occurred at work and are subject to investigation and accounting is given in article 227 of the Labor Code of the Russian Federation. These include injuries that occur to employees during working hours, including scheduled breaks.

And in order to answer your question, you need to figure out exactly what kind of breaks are included in the concept of "established". For certain types of work, Article 109 of the Labor Code of the Russian Federation provides for special breaks for heating and rest, which are included in working hours.

Such breaks, as a rule, take place in specially equipped premises on the territory of the organization. These breaks are actually a continuation and an integral part of the production process.

Re: Lunch Break Injury No, it's certainly not an industrial accident. But according to the same article 227, an injury received during the established break is investigated and accounted for as an accident at work. So do not take your time to draw up documents.

#3 IP/Host: 81.195.220. Re: Injury during a lunch break He himself answered, yes, this is all sad: a person got injured a month ago, the commission investigated everything, drew up an act that the injury was not industrial, and for Gene's signature. And he take it, and ask (at the very end) “what will our lawyer say? ...” And now the lawyer clears up and invents so that it is not considered an industrial injury ..
🙁 #4 IP/Host: 212.176.14. Re: Lunch Break Injury It really is not industrial, but simply investigated and accounted for as industrial.
The Labor Code establishes that an industrial injury can be received not only at the workplace during strictly allotted working hours, but also in some other cases when the employee performed his functions on behalf of the manager or in accordance with established rules (for example, was on a business trip or moved on official cars for production purposes) Lunch break What if the accident occurred during the lunch break? Article 227 of the Labor Code of the Russian Federation indicates that an industrial injury, among other things, is an accident during working hours on the territory of the employer, including during the stipulated breaks, the performance of other stipulated by the internal labor regulations (hereinafter - PWTR) when performing work.

Hello!

Most likely, an industrial injury, since the employer is to blame for the faulty property that you used.

Article 227. Accidents subject to investigation and accounting

[Labor Code] [Chapter 36] [Article 227]

Accidents that occur with employees and other persons participating in the production activities of the employer (including persons subject to compulsory social insurance against accidents at work and occupational diseases) in the performance of their labor duties are subject to investigation and accounting in accordance with this chapter. or performing any work on behalf of the employer (his representative), as well as in the implementation of other lawful actions due to labor relations with the employer or performed in his interests.

Investigation in accordance with the established procedure as accidents are subject to events as a result of which the victims received: bodily injuries (injuries), including those inflicted by another person; heatstroke; burn; frostbite; drowning; electric shock, lightning, radiation; bites and other bodily injuries caused by animals and insects; damage due to explosions, accidents, destruction of buildings, structures and structures, natural disasters and other emergencies, other damage to health caused by external factors, resulting in the need to transfer victims to another job, temporary or permanent disability or death of victims, if the following events took place:

during working hours on the territory of the employer or in another place of performance of work, INCLUDING DURING THE ESTABLISHED BREAKS, as well as during the time necessary to put in order the tools of production and clothing, perform other actions provided for by the internal labor regulations before and after completion of work, or when performing work outside the working hours established for the employee, on weekends and non-working holidays; ... "

The allowance for temporary disability due to an injury at work is paid in the amount of 100% of the employee's average earnings. It is calculated, assigned and paid in the same way as in general cases when temporary disability is not associated with an occupational injury or illness.

Federal Law No. 125-FZ of July 24, 1998

(as amended on 12/29/2015)

"On Compulsory Social Insurance against Industrial Accidents and Occupational Diseases"

Article 15. Appointment and payment of insurance security

ConsultantPlus: note. Articles 12-15 of the Federal Law of December 29, 2006 N 255-FZ apply to relations related to the provision of citizens with temporary disability benefits in connection with an accident at work or an occupational disease, to the extent that does not contradict this Federal Law.

1. Appointment and payment to the insured person of benefits for temporary disability in connection with an accident at work or occupational disease are carried out in the manner established by the legislation of the Russian Federation for the appointment and payment of benefits for temporary disability under state social insurance.