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An occupational injury. What to do to the victim?December 21, 2015
Industrial accidents, or, as they used to be called "work accident" - the situation is very, very unpleasant especially for the most affected. Unfortunately, the situation in many enterprises, "working", that is, in some way, even usual for employees and management. Procedure in case of accident is well known to anyone who studied occupational safety and health, but one thing when someone else is injured, and quite another when it happened to you. And because people who seemingly have to understand why and what to do in such circumstances, in practice, are completely helpless ...
It is important to understand the following - if the worker is injured seriously enough, it is likely that it will take a long and expensive treatment. If the injury is found to be productive, the employee will be entitled to claim compensation for lost income, medical expenses, vocational and social rehabilitation (for example, the cost of medicines and medical care) (st.184 LC RF), the payment of additional holiday for the period of treatment. Also, the employee is entitled to compensation for non-pecuniary damage. In addition, the collective labor contract or the employer may provide for the payment of additional compensation. Also, the employee is eligible to receive a lump sum and monthly insurance payments that will be made by the Fund of Social Insurance for the entire period of occupational disability (except for a period of paid sick leave) (Federal Law №125-FZ). Most of these payments made by the FSS. Some employer pays itself (eg moral damages).
That is, for the worker correct registration of occupational injury - a question above all financial.
Responsibilities of the employer in case of accident enshrined Art. 228 TC RF. They should be available in advance to all employees without exception, in order to, if necessary, be able to know and assert their rights.
So, what do you do if you got a work related injury?
A worker injured in an accident, for its part must:
1) Promptly notify the supervisor about what happened (in person or ask the witness to do it).
2) Seek assistance in medical treatment, tell your doctor, under any circumstances, was injured.
3) After a treatment to bring the personnel department or the accounting department the following documents from the medical institution in which the treatment took place:
meditsinskoe conclusion about the nature of the injuries health as a result of an accident at work and their severity (form number 315 / y);
spravku about the final diagnosis victim of an accident at work (form number 316 /).
What else is important to know the victim?
The employer is obliged to organize the investigation of the accident. If the investigation reveals that the victim has violated the rules of occupational health and safety or was intoxicated, the chances of getting compensation significantly reduced.
With this in mind, it is important to know that the victim or his representative (a relative, lawyer, etc.) are eligible for private participation in the investigation of the accident. The law also establishes the right of the victim and his representatives to get acquainted with the materials of the investigation.
After the investigation is completed (if an accident recognized related to production) is made act on Form N-1. Without it, it is impossible to obtain compensation.
And finally, most importantly - what not to do to the victim from an accident at work:
1. Modifying shift did not report the accident to the employer.
2. In hindsight sign in magazines instruction on occupational health and safety.
3. In hindsight sign documents on obtaining PPE.
4. To sign other "urgent" documents provided guidance. (For example, an application for the dismissal of the statement on a day off, etc.).
5. To refuse medical care in an independent (from the employer) medical facility.
It is obvious that such actions of the victim can have a significant impact on the results of the investigation committee (for example, in determining the degree of fault of the victim) and to reduce the chances of an employee to receive insurance payments.