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An industrial accident is an event as a result of which the insured person has been injured or otherwise injured in his health in the performance of his duties under an employment contract and in other cases prescribed by law both on the territory of the insured and outside it or while traveling to the place of work or return from the place of work in transport provided by the insured, and which entailed the need to transfer the insured to another job, temporary or permanent loss of professional capacity for work or his death.
This definition is from the Federal Law of July 24, 1998 No. 125-ФЗ “On Compulsory Social Insurance against Occupational Accidents and Occupational Diseases”.
A more detailed definition can be found in the Labor Code of the Russian Federation (Article 227).
Accident - an event as a result of which the victims received:
- bodily harm (injury), including caused by another person;
- heatstroke;
- burn;
- frostbite;
- drowning;
- electric shock, lightning, radiation;
- bites and other injuries caused by animals and insects;
- Damage due to explosions, accidents, destruction of buildings, structures and structures, natural disasters and other emergency circumstances;
- other health damage caused by external factors, which necessitated the transfer of victims to another job, temporary or permanent disability or death of victims.
These events, in order to be considered an accident at work, must occur during the performance by the injured person of labor duties or the performance of any work on behalf of the employer (his representative), as well as in the implementation of other lawful actions arising from labor relations with the employer or committed in his interests:
- during working time in the territory of the employer or in another place of performance of work, including during established breaks, as well as during the time necessary to put in order the production tools and clothes, to perform other actions provided for by the rules of the internal labor schedule before starting and after the end of work, or when performing work outside the working hours established for the employee, on weekends and non-working holidays;
- when traveling to the place of work or from work on a vehicle provided by the employer (his representative), or on a personal vehicle in the case of using a personal vehicle for production (official) purposes by order of the employer (his representative) or by agreement of the parties to the labor the contract;
- when following to the place of business trip and back, during official trips by public or official transport, and also following by order of the employer (his representative) to the place of work (assignment) and back, including on foot;
- when following a vehicle as a shift operator during shift between shifts (a shift driver on a vehicle, a conductor or mechanic of the refrigerator section in a train, a member of the postal carriage crew, and others);
- when working on a rotational basis during the shift between shifts, as well as when staying on a ship (air, sea, river) in free time from shift and ship work;
- in the implementation of other lawful actions due to labor relations with the employer or committed in his interests, including actions aimed at preventing a catastrophe, accident or accident.
The legal regulation that was in force until January 1, 2007 (the Regulation on the Procedure for Providing State Social Insurance Benefits, approved by Decree of the Presidium of the All-Union Central Council of Trade Unions of 12.11.84 No. 13-6) contained such a concept as “labor injury”, which is actually identified with on the way to work or from work (including public transport), in case of an accident at work. In particular, temporary disability was considered to have occurred as a result of labor injury if an accident occurred in the fulfillment of state or public duties, etc. Currently, the range of situations falling under the definition of “industrial accident” is clearly outlined by Federal Law No. 24 of July 1998 125-ФЗ “On compulsory social insurance against industrial accidents and occupational diseases”, and the provision of temporary disability for an employee in all other cases is regulated by the Federal Law of December 29, 2006 No. 255-ФЗ “On providing temporary disability benefits, according to pregnancy and childbirth of citizens subject to compulsory social insurance ”and other regulatory acts.
Occupational disease is a chronic or acute illness of an insured person resulting from exposure to a harmful (harmful) production (production) factor (s) and resulting in temporary or permanent loss of professional ability to work.
Acute occupational disease (poisoning) is understood to mean a disease that is, as a rule, the result of a single (within no more than one working day, one shift) exposure of an employee to a harmful production factor (factors), resulting in temporary or permanent loss of professional ability to work.
Chronic occupational disease (poisoning) is understood to mean a disease resulting from prolonged exposure to an employee of a harmful production factor (factors), resulting in a temporary or permanent loss of professional ability to work. (1)
Thus, the Federal Law of July 24, 1998 No. 125-ФЗ “On Compulsory Social Insurance against Occupational Accidents and Occupational Diseases” and the Decree of the Government of the Russian Federation of December 15, 2000 No. 967 associate an occupational illness with the insured as an insured event, which entails the occurrence of the obligations of the insurer to provide insurance coverage, with two types of illness: 1) arising suddenly and acute; 2) manifested periodically, after a certain period of labor, in the form of a chronic pathology that forms slowly depending on the duration and measure of exposure of the organism to a harmful pathogenic factor.
The occurrence of both acute and chronic occupational diseases is possible only under working conditions, which are characterized by the presence of harmful production factors at the workplace that exceed hygiene standards and are capable of adversely affecting the health of the employee (insured). (2)
An explanation of the concept of “harmful production factor” is given in the Labor Code of the Russian Federation (Article 209) - this is: the production factor, the impact of which on the employee can lead to his illness.
Not all harmful production factors can cause occupational disease, but only those that are characterized by a certain level of harmful substance content in the workplace, the intensity and duration of its exposure to workers in production conditions.
The statement of information on harmful production factors and the possibility of causing occupational disease with a single or prolonged exposure should be consistent with the provisions of the Guidelines for the Hygienic Assessment of Working Environment and Labor Process Factors Р 2.2.2006-05, approved by Rospotrebnadzor on July 29, 2005.
The fact of disability due to an accident or occupational disease is established and confirmed by a medical organization in accordance with the Procedure for issuing disability certificates approved by Order of the Ministry of Health and Social Development of the Russian Federation of August 1, 2007 No. 514.
Sincerely, Vladimir
