A workplace injury is a serious matter. An unfortunate set of circumstances, an accident at work can lead to a situation in which an employee will be injured at work. What should each side do in such conditions?
How to file a work injury at work?
1. The victim must be provided with medical assistance. In order to accurately determine whether an injury was received at work, the employer needs to do everything exactly with the rules on labor protection:
2. Initiate the appeal of the victim to a medical institution. This is a mandatory measure even with a minor bruise, because an industrial injury can affect the workplace in the future. Based on the conclusion drawn up in the hospital, a further investigation of the case is being built.
3. If there is a threat to the life or health of other employees, it is necessary to evacuate and notify the relevant structures: the Ministry of Emergency Situations, the fire department, the police, etc.
4. Regardless of the severity of the damage to the health of the employee, after an industrial injury, the organization is obliged to record all the circumstances of the incident, draw up a protocol from the words of eyewitnesses. Video or photography of the accident site is possible.
5. The employer-company must establish a commission to investigate a case of injury at work, including representatives of: the employer, the state labor inspectorate, the police, the Ministry of Health, the prosecutor’s office (if the outcome of the incident was the death of the employee). In case of non-compliance with the established actions, the employee or his close relative can file a complaint against the employer, indicating all violations.
Work injury on the way to work:
Sometimes an employee may get into a situation that harmed his health during working hours, but outside the workplace. It could also be an injury at work. What should an employer do in such circumstances? First of all, the fact that the accident is really a work-related injury is established. After that, the procedure is the same: a commission is convened, an investigation is conducted.
How to prove work injury?
A person can get injured anywhere and at any time (at lunch, during work, on a business trip). It is important to understand that not all injuries are considered work-related. Such it will be only when it occurs under certain conditions. Such as:
- performance of labor duties;
- fulfillment of instructions of the management;
- on the way to the place of work;
- at lunch or a break organized by the company’s management;
- on a business trip and when traveling to a business trip place;
- when performing other actions due to the labor function.
You need to know that to qualify an accident as a production accident, two grounds are necessary, namely:
1. the injury was received during working hours;
2. performance of actions due to labor relations with the employer or performed in his interests.
The above grounds are exhaustive. Accordingly, in order to prove that the injury was received at work, it is necessary to prepare a number of documents and perform certain actions confirming that the employee was injured at the workplace, during working hours and in the performance of his duties.
It is not uncommon for an employer not to follow the established procedural order in case of an accident at work, and sometimes even trying to hide the fact of an accident.
Priority actions for an employee in the event of an injury:
- it is necessary to apply in writing to the employer about the injury and the need for an investigation;
- fix injuries in honey. institution;
Without the above actions, it will be difficult for the employee to prove the receipt of an industrial injury in the future. It is important to know that in the event of an accident, in no case should you modify your shift and remain silent about receiving damage.
If the employer refuses to recognize that the injury is at work, then a written application should be submitted to the labor inspectorate. Documents that are directly or indirectly related to the incident are attached to the application (for example, certificates, photographs, written explanations of witnesses, sick leave, etc.).
In addition, you can file a claim with the court for the recognition of the fact of an industrial injury and the appointment of appropriate payments. Evidence at the hearing will serve as testimonies, certificates, medical reports, photo and video recording.