In labor law, there is such a concept as an occupational injury. This is an unpleasant incident not only for the employee who received it, but also for the employer, whose duties by law include ensuring safe working conditions. This applies to both enterprises of the production cycle and those whose activities are limited to an office.
Definition of an occupational injury
Article 227 of the Labor Code of the Russian Federation defines an industrial injury as causing harm to an employee as a result of an accident that occurred during working hours, as well as on the way to or from work. The consequence of an occupational injury may be the need to transfer the victim to another, easier job, temporary or permanent disability or death.
A work injury is recognized as an injury received during working hours, which also includes all breaks prescribed by the work schedule. As for injuries on the way to or from work, they will be recognized as work-related injuries only if you traveled in the transport provided for this purpose by the employer, or in your car, which is assigned to you for official purposes under the terms of the employment contract.
An injury sustained while traveling by public transport or driving your car, as well as during the journey home on foot, is not considered work-related. If you were injured while traveling on behalf of the employer, the injury will be considered work-related, but if you were on your way home after completing the order, it will no longer be considered work-related.
Regardless of the severity of the injury at work, each such case is an emergency.
What to do in case of an occupational injury
Since in this case you are entitled to substantial compensation, including for non-pecuniary damage, you will need proof that the injury was not caused by your negligence, but by the fault of the employer.
In case of injury, you must call a doctor for first aid and your immediate supervisor. Witnesses of the incident must tell about the incident, after which the fact of injury is considered recorded, which should be reflected in the incident report, which describes all its circumstances. If the severity of the injury is severe, you must be transported to a hospital.
After this incident, a special commission should be created in the workplace, which investigates all the details of the incident and draws its own conclusions about the degree of guilt of the injured employee and employer. Competent panelists will review the testimony of witnesses, the details and circumstances of the injury.
In the event that the injury is obtained as a result of the injured employee's negligence or his violation of the established safety rules, for familiarization with which he signed in a special journal, the likelihood of receiving compensation for the injured is reduced to zero. If the employer is proven guilty, compensation will be paid in full, in addition, he will have to pay large fines.
