An accident at work is considered an accident if it occurred at the workplace, on the way to work or back home, or during a scheduled break. Both the employer and the employee may be at fault. This article will describe in detail the grounds, process and consequences of an incident due to the fault of the employee himself.

Establishing an employee’s guilt in an industrial accident

Guilt is determined in accordance with the law. Accurate evidence and written assurances are required for official confirmation. The degree of guilt of an employee in an industrial accident is determined by a special commission, which is formed and financed by the manager.

The commission consists of three people - a labor protection specialist, one of the employees and the manager himself. If the injury is fatal, an employee from the state labor inspectorate joins the commission members.

How to determine the employee's guilt?

The employee’s guilt is determined as a percentage by a specially created commission at the request of the employer. These calculations do not depend on the amount of compensation from the manager, but affect the amount of insurance payments.

An employee can receive an industrial injury only when he is at the workplace during the work hours established by the employment contract, during a planned break, as well as on the way to work or back home.

You should know that an injury received a few minutes before the start or after the end of the working day is not considered work-related. That is negative consequences activities that are in no way related to the employee’s work duties cannot be regarded as a work-related injury.

Employee's fault in an industrial accident - investigation

An investigation into an industrial accident is carried out by a commission convened by the manager.

During this procedure, the following actions are carried out:

• Interviewing witnesses, eyewitnesses;
• Tests and calculations are carried out;
• Maps of the scene of the incident are drawn up, photos and videos are analyzed;
• Reviews entries in safety logs;
• Documents are drawn up and executed;
• The result of the incident is announced - whether it really happened or not.

• 3 days if the injury is minor;
• 15 days if the incident affected a group of people;
• 1 month if the manager concealed the incident.

If it is determined that the employee was actually injured at work, compensation is paid by the employer.

Employee's fault in an industrial accident - consequences

Even if the employee is at fault, the situation obliges the employer:

• Provide first aid to the victim;
• Call an ambulance or take yourself to the hospital;
• Leave the situation in which the incident occurred unchanged. If this is not possible, record it, for example, take a photograph;
• Inform relatives;
• Organize a commission and, accordingly, an investigation into what happened.

If more than one person was injured, the manager must be notified of the incident within one day. law enforcement agencies, trade union and, of course, relatives.

- insurance payments

The law establishes the following insurance payments:

1. Temporary disability benefit. Paid in full during the entire treatment period.

2. Insurance payments. It can be either one-time or monthly. In the first case, the amount is 64,400 rubles, in the second - a maximum of 49,520 rubles.

3. Compensation for additional expenses for social and medical rehabilitation.

The victim or his family members may demand compensation from the employer for moral damages. If the manager refuses, then you can file a lawsuit.

• In case of a one-time payment in the event of the death of the victim, the family is paid one million rubles - Article 11 of the relevant Federal Law;
• Monthly payments depend on the dates specified in the medical certificate and average earnings for the last 12 months;
• Additional payments include payment for medications, treatment, and a trip to a sanatorium.

Report on an industrial accident due to the fault of an employee

This is the main act, which is concluded after receiving the final results of the commission. It is drawn up in two copies according to form number 1. If the incident occurred as a group, then two acts are issued for each victim.

• Name and position of the victim;
• Employer's name;
• Detailed Description incidents - date, place, causes, consequences;
• Date and signatures of both parties.

Thus, any unfortunate incident at the workplace is compensated by the manager. However, to avoid such a situation, you must follow all the rules.

Consequences for the employer if an employee is injured at work

An injury at work is one of the most unpleasant events for both the employee and the employer.

In order to prevent occupational injuries, labor legislation provides for measures that the employer and worker are required to apply to ensure occupational safety.

Taken together, all these measures are included in the labor protection system.

Dear readers! The article talks about standard methods solutions to legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

Legislation in the field of industrial injuries

Labor Code expands and details the concept safe conditions labor. The tenth section of the Labor Code is entirely devoted to labor protection. It examines the requirements imposed by legislation on labor protection, its organization at work, ways and methods of ensuring the right of workers to safe working conditions and the liability provided for violation of legislation in this area.

Federal law“On compulsory social insurance against accidents at work and occupational diseases” dated July 24, 1998 N 125-FZ regulates the procedure for insurance of workers and compensation for harm to health caused by an industrial injury or occupational disease.

At enterprises of all forms of ownership, local regulations in the field of occupational safety, which are implemented by specially created services. The occupational safety management system specifies the responsibilities of the parties to ensure occupational safety, measures taken to reduce the risk of occupational injuries and liability in the event of an occupational injury.

Types of injuries

Work-related health disorders are divided into occupational injuries and occupational diseases. The latter are associated with harmful factors production and do not depend on injuries.

The injury is considered received in production, if occurred during:

• fulfillment of workers labor functions at the workplace;
• traveling to and from work;
• break for rest and food;
• business trip, including during travel;
• Carrying out instructions from the employer outside of the workplace.

Depending on the severity of the consequences, industrial injuries can be light, heavy and fatal(resulting in death). Minor injuries mean damage that does not cause significant damage to health: abrasions, scratches, bruises. Severe injuries lead to long-term, stable loss of performance: fractures, concussions, damage to internal organs.

Based on quantitative criteria, injuries are divided into collective and single. Collective traumatism usually occurs during major accidents or man-made disasters.

By nature of the injury are divided into:

• mechanical – skin disorders, fractures, dislocations, bruises;
• electrical – various electrical injuries, including lightning damage;
• chemical – chemical burn, poisoning by chemicals and their fumes;
• thermal – thermal burn, heat stroke.

A particular danger in case of injury is the lack of timely medical care. Even a minor scratch can become a conduit for serious infections into the body.

In any injury case, both the employee and the employer may be at fault. However, individual cases may arise regardless of the will of the parties.

Most common industrial accidents due to the employee's fault arise as a result of non-compliance with labor safety standards, negligent attitude to safety, and the use of alcohol, drugs and other intoxicating substances.

Cases of injury due to the fault of the employer arise from non-compliance with legislation to ensure safe working conditions, failure to comply with OSHA standards, admission to work of persons in a state of alcohol intoxication who have not passed professional medical examination etc.

To the so-called random factors may include: natural disasters, the will of third parties. That is, those cases external environment which neither the employee nor the employer can foresee or prevent.

Compensation by the employer for damage received by the employee

When an employee receives a work injury, they are entitled to compensation, the payment of which is made from the Social Insurance Fund or from the employer’s funds.

To determine the payer payments, it is necessary to establish the person responsible for the accident. If the injury was caused by the fault of the employer, then the employer will compensate for the damage received by the employee at its own expense. In other cases, compensation is made by the employer against the employee’s monthly contributions to the Social Insurance Fund. The causes of an industrial accident and the perpetrators are established by a specially created commission.

The employee is entitled next payments compensation for work-related injuries:

• payment of sick leave;
• one-time insurance payments;
• monthly insurance payments;
• payment of expenses related to rehabilitation;
• payment medicines;
• payment for prostheses and other medical products;
• reimbursement of expenses for additional care by other persons;
• payment for travel to the place of treatment or rehabilitation;
• compensation for moral damage.

Payment of sick leave in case of temporary disability due to industrial injuries, it is paid in the amount of 100% of average earnings. If it is established that the employee was injured while intoxicated or intentionally, the amount of benefits may be reduced.

Sum lump sum insurance payment depends on the degree of disability and is established by the fund on the basis of a conclusion issued by a medical institution, and cannot exceed maximum size established by law. In the event of the death of an employee, the sum insured has a maximum amount.

Size monthly insurance calculated based on the average monthly wages and is determined in shares depending on the degree of disability. The insured amount can be adjusted if the degree of working ability changes, in case of indexation.

To the costs associated with rehabilitation include expenses for treatment, provision, if necessary, with transport and technical means.

In case of permanent loss of ability to work, causing the onset of disability and impossibility labor activity, the employee receives benefits for life.

In case of fatal outcome, close relatives of the deceased have the right to insurance payments.

Consequences for the employer if he concealed the fact of injury

These actions are carried out by the accident investigation commission. The employer is obliged to report a case of industrial injury within one day to the local branch of the social insurance fund, and in case of several victims - additionally to the state labor inspectorate, the prosecutor's office and other bodies established by law.

For hiding a fact industrial injuries by the Code of Administrative Offenses Russian Federation liability in the form of a fine is provided. Officials responsible for an accident resulting in the death of an employee or employees may be subject to criminal liability in the form of imprisonment.

The amount of the fine and the type of liability are determined based on the degree of guilt of the persons obliged to monitor compliance with labor protection requirements at work, and other persons whose guilt in the incident will be proven as a result of the investigation of the accident.

The employer's responsibilities in the event of a work-related injury at the enterprise are discussed in the following video:

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6 comments

On May 22, 2017, when manually transporting an acetyl cylinder to the place where emergency work was performed on my own, since the mechanic had an ulcer, the distal tendon of the biceps of the shoulder was ruptured, passers-by helped. The authorities sent me to the tram station where I went at my own expense by taxi. On May 29, I was discharged and operated on. 29 I turned in the sick leave for work. They tried to persuade me not to register the sick leave. I refused. They drew up a report several times, but they just couldn’t turn it in (I think it was specifically so that I agreed) and finally signed it on May 24. 26 they say it was handed in. What should I do if the payments are minimal? .a welder received 13,854 rubles in May, a mechanic received 21-25 rubles each

Hello Tahir, your employer should have convened a commission that determines who is responsible for this incident. If the injury was not your fault, you must contact the Social Insurance Fund with a commission conclusion, and the period of temporary disability must be paid in the amount of 100% of average earnings.

There was an industrial injury, a fall from a height of 3.9 m. The presence of harmful working conditions: vibration from a drill, hammer drill, static-dynamic, physical stress on musculoskeletal system Fracture of the lumbar spine. An implant with a titanium plate was placed. Somehow we received 30% loss of ability to work for a year, but we were not given disability. After 5.5 months I was discharged to work. I don’t agree that they didn’t give me a disability group. I want to appeal to the Federal Bureau of ITU. Am I right?

Hello Stanislav, if you passed the commission at the ITU regional bureau, then you can appeal its decision within one month from the date of issue of the conclusion through the same bureau, or the complaint is submitted to the ITU regional bureau or to the ITU Federal Bureau.

There is also the possibility of appealing the commission's decision in court by filing a statement of claim in a court of general jurisdiction at the location of the ITU office.

The employee deviated from the work prescribed in the work permit, at the request of the employee (not the engineer) performed unassigned work and was injured. What to do in this case?

Hello Alexey, in this case, the management of the enterprise should convene a special commission and establish a number of facts.

- is the work performed by the victim included in the list of his labor responsibilities;

- Is he familiar with safety precautions? this species works;

— whether the employee is obliged to carry out the instructions of the person at whose request the work was performed.

Based on the results of the investigation, a decision is made about who is responsible for the injury.

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What to do if an accident at work occurred due to the fault of the employee himself? In fact, on initial stage, immediately after the incident, it does not matter at all whose fault the incident occurred. First of all, you always need to take simple and logical measures: send the victim to the hospital, record all the details of what happened, report to your superiors, and so on. Moreover, at the time of the incident it is generally impossible to know whose fault the accident occurred. Neither the immediate supervisor nor the employee himself can establish whether someone is at fault.

How to find out whose fault it is?

If we are talking about the head of the organization, then he is obliged to immediately issue an order to create a commission to investigate the accident, send messages to the relevant authorities (usually to a higher organization and the social insurance fund, and in case of a serious or group accident, also to the prosecutor’s office, labor inspectorate, in trade union body and local authorities).

Next, the commission begins to work: draw up diagrams, protocols, conduct interviews with witnesses, check labor protection documentation, and so on. IN deadline(in case of a minor accident - within three days) the commission must draw up an accident report, in which it must indicate the degree of guilt of the employee and other persons.

What should an employee do?

The most guilty and injured worker (if he did not die, and escaped with some slight fright), should understand that obstacles on his part to the efforts of the commission to establish the truth will only aggravate his guilt (and violation of labor safety rules is already quite serious misconduct, liability for which can include dismissal), so it makes sense in your explanations to simply state everything as it was.

What should a manager do if an employee is injured on the job?

As for the immediate supervisor responsible for work safety, by and large, he should have done everything in his power before the incident. After the accident, he cannot even be included in the commission of investigation, since by default, as a rule, he is the first to be included in the category of “suspects” for guilt.

Immediately after the incident, the immediate supervisor is obliged to take priority measures: eliminate the dangerous factor as far as possible and exclude the possibility of new accidents, provide first aid to the victim and send him to the hospital, inform his superiors, and then continue to perform his other duties.

After the commission begins its work, he should be prepared to give comprehensive explanations, present documents on labor protection: briefing logs, permit orders (if we are talking about carrying out dangerous work), and so on.

Even if the work injury occurred through the fault of the employee.

Even if the commission establishes the complete guilt of the victim himself, for the immediate supervisor this still rarely goes without trouble and additional headaches: as a rule, the results of the investigation will lead to a number of measures to prevent such incidents: from unscheduled briefings, and hanging warning signs, to carrying out serious unscheduled work. In addition, a manager is often deprived of a bonus for an accident on his site, regardless of whose fault it was.

In general, if you study the materials of such cases and try to look at the situation from the everyday side, then everything is very reminiscent of the situation with a pedestrian who rushed across the road in the wrong place and got hit by a car: it seems that he is to blame, but there is a very high probability that the driver will still have to answer. We really like to look for those to blame...

Accident at work due to the fault of an employee

If an employee works on employment contract, then he is an insured person in the Social Insurance Fund system. This means that even if an accident occurred at work due to the fault of an employee, he will receive all compensation payments.

The employer is obliged to pay the employee sick leave in the amount of 100% of average earnings, regardless of the length of service of the injured person with this employer, if the latter was injured at work through the fault of the employer.

The degree of guilt of the employee is determined by the commission that investigates the accident. The commission is assembled by the employer, who also finances the investigation.

The commission must consist of at least 3 people - a labor protection specialist, representatives from employees and the employer. If an employee is seriously injured or a death occurs, then the commission must also include an inspector from the state labor inspectorate.

In addition to sick leave, the employer is obliged to pay compensation to the employee. Its size depends on the degree of guilt of the employee, which is determined as a percentage by the commission.

If an employee is injured entirely through his own fault, then the percentage of his fault cannot exceed 25%. This means that 75% of workplace injuries were the fault of the employer.

Regardless of whose fault the injury occurred, it will not go unnoticed for the employer. He will have to submit to the commission a work plan to troubleshoot and improve his labor protection system.

In addition, he must conduct an unscheduled briefing for all his employees, and be prepared for an immediate unscheduled inspection by the state labor inspectorate.

It follows from this that the employer is to blame in any case, even if the employee himself stuck his fingers into the socket and received a severe burn.

industrial injury due to the fault of an employee

Compensation for work injury

Many professions carry a risk of various injuries. They can be either relatively mild or such that they make a person disabled for life. In this case, compensation for damage to the employee as a result of an industrial injury comes first. How does this happen?

A person can get injured not only at the enterprise, but also on the way to work or back home. In this case, there will also be a work injury.

What compensation is entitled to an employee who is injured at work?

My son, 20 years old, a student, got a part-time job as a loader in an LLC for 750 rubles a day. After 14 days at the factory, while loading a truck, he could not maintain his balance and fell from a height of approximately 2-2.5 m, not taking into account his height. As a result, he received a closed intracranial injury. Brain contusion. Contusion lesions of the frontal and temporal lobes. In the N-1 act, the height was indicated as 1.3 m. Before applying for a job, I did not have time to pass a medical examination and was not provided with special clothing.

Accident at work due to the fault of an employee

The definition of an industrial accident is regulated in Article 227 Labor Code RF. For such an incident to be considered an accident, it must occur in working hours, during a regulated break or when the employee is traveling to work and back on the employer’s transport.

Both the employee and the employer may be at fault in an accident. The availability and amount of compensation that will be paid to the victim depends on this.

Occupational injury due to employee fault

Occupational injury – harm (intentional or unintentional) to the health of an employee of an enterprise that occurred as a result of an accident at this enterprise when performing direct work duties.

If an industrial accident occurs due to the fault of an employee, then at the initial stage this nuance does not matter; the employer is obliged to fulfill all the requirements established by the Labor Code and other legislation.

Work injury

When an employee is injured at work, the management of the enterprise, resorting to various tricks, tries to hide this fact from the authorities monitoring compliance with safety regulations.

Usually in such cases, the administration of the enterprise offers payment for treatment and payment of compensation, but with the condition that all these issues must be resolved informally. At the same time, the employee who received it is most concerned about restoring his own health.

An industrial injury is a consequence of an accident that occurred at work with an employee.

It's always unpleasant for both parties labor relations. In Art. 5 of Federal Law No. 125-FZ of July 24, 1998 “On compulsory social insurance against industrial accidents and occupational diseases” states that every employee who works under an employment contract is subject to compulsory accident insurance.

This means that in the event of a work-related injury, the employer is obliged to pay compensation to the employee if the latter was injured in the course of performing his work functions.

Recognition of an industrial injury

In order for an injury to be recognized as a work-related injury, and for the employee who received it to be able to count on all the payments and benefits due, several steps must be taken. important steps. This must be done on the day of injury:

• call a doctor, go to a medical center or call an ambulance to provide first aid to the victim;
• The application must be completed in accordance with all the rules. This needs to be monitored. If the victim himself is unable to do so, someone else must do it;
• call the head of the structural unit to the place where the accident occurred. If there is such a possibility, then you need to call the head of the enterprise himself;
• the victim must have witnesses who will confirm the fact that he received the injury exactly at this place and during working hours.

Regardless of how severe the injury is, you first need to fix it, and only then go to the hospital. This is a big disadvantage in recognizing a work injury. If there is no fact of proper recording of the injury received by medical personnel, or there are no witnesses to its receipt, it will be quite difficult to recognize it as industrial. But if there is at least some evidence or one witness, it is necessary to contact the employer with a written statement recognizing the fact of injury at work. The employer is obliged to order an appropriate investigation in accordance with Art. 229 - 231 Labor Code of the Russian Federation. If he does not do this, then the victim has the right to file a complaint with the labor inspectorate or file a claim in court to recognize this fact and assign appropriate payments to him.

Payments for an industrial injury are equal to the amount of paid sick leave, if the employee needed one, and compensation for his medical expenses. This is indicated in Article 184 of the Labor Code of the Russian Federation.

First, the employer pays compensation to his injured employee, and then he reports to the Social Insurance Fund, providing sick leave and other documents. In addition to sick leave, rehabilitation of the injured employee is also carried out at the expense of the Social Insurance Fund. The need for rehabilitation, as well as the severity of the harm caused, is assessed by a medical and social examination, which must be passed if serious harm has been caused to one’s health, and we are talking about assigning the victim one or another degree of disability. In order to make such payments, the fact must be established that the injury is a work-related injury.

Such an injury is recognized not only as an injury received at the workplace, but also as an injury received while the employee was traveling to work or home from work using the employer’s transport.

If the employee used his own car, then the employment contract must stipulate that the employee has the right to use a personal car to perform his work functions or official purposes. The severity of the injury is determined by the medical institution where the victim went for help. The duration of the investigation, which is conducted by a specially created commission, also depends on this.

If the injury at work is minor, then the commission can complete the investigation in 3 days, but if the injury is severe or fatal, then the investigation period increases to 15 days. Not only the duration of the investigation, but also the amount of compensation payments depends on the severity of the injury to health. That is, a medical and social examination establishes the severity of harm as a percentage.
Exactly in these percentages, the employer must reimburse the employee for medications and medical care. Sick leave, in any case, is paid in the amount of 100% of earnings.

Actions of the employer and employee in the event of a work injury

In order for an injury to be recognized as a work-related injury, the correct procedure is required, both on the part of the employee and the employer:

• it is necessary to call a doctor or any other medical professional who will record the injury itself. Without this fact, no payments will be made. Therefore, even if the victim’s condition is critical, you first need to record the fact of the injury, and only then go to the hospital;
• the employer must be present at the fact of recording. If the employer himself cannot (especially in large enterprises where there are production and other departments), his deputy or the head of the structural unit in which the victim works must be present;
• it is necessary to draw up an act that will be signed by the employer and witnesses to the incident;
• An investigation into what happened is immediately organized. If damage to health is caused, the investigation is carried out at his expense;
• the investigation commission must consist of at least 3 people. The number of commission members must be odd. It may include:
  • labor protection worker, or the person who is responsible for labor protection at the enterprise;
  • an employee who is a representative of the employer or the employer himself, if possible;
  • a representative of a trade union or other body that is a representative of workers.

The employer's responsibilities in the event of a work injury are as follows:

• he must provide the victim with all necessary assistance. If hospitalization is required, the employer must ensure that " ambulance» took the employee to the hospital. If the team was not called, but decided to go to the hospital on their own, then the employer must provide transport;
• conduct a thorough investigation of what happened;
• make all necessary payments to the injured employee;
• must comply with the guidelines for drawing up an accident report. If the injury is minor, then the report is drawn up within 3 days. The degree of “lightness” or “severity” is determined based on the medical opinion;
• even if the injury occurred through the fault of the employee, compensation is paid, but in a smaller amount.

Types of payments

There are several types of payments that are assigned to a victim who has received an industrial injury:

• sick leave payments. These payments are made from the funds that the employer contributes to insurance against accidents and occupational diseases. Regardless of length of service, sick leave is paid in the amount of 100% of the average earnings of this employee. This value is calculated based on the employee’s earnings for last year. The basis for calculating payments is a certificate of incapacity for work, duly executed in that medical institution where the victim received treatment.
• lump sum payment. Its size depends on the degree of disability of the victim. It is paid in the amounts established by the Social Insurance Fund. In 2016, the maximum amount of such payment is 80534.8 rubles;
• monthly payment. It is paid to the employee until he fully recovers. The amount of the payment is equal to the average earnings of the injured employee over the last year. It is indexed every year. Its maximum value in 2016 was 61,920 rubles per month. This limit is established by clause 12 of Art. 12 of Law No. 125 - Federal Law;
• additional costs. Such payments include compensation by the employer for expenses for:
  • provision of qualified paid medical care to the victim;
  • purchase of medicines;
  • purchase special means necessary for careful care of the victim;
  • payment for services necessary equipment or transport for its transportation.
These payments are made at the discretion of the employer and are not reimbursed from the Social Insurance Fund. An exception is payment for additional leave necessary for the rehabilitation of the victim.
• compensation for moral damage. If there were not only material costs, but also moral suffering, the victim can file a claim in court for compensation for moral damage.

If the commission determines that the employee has suffered minor health damage, then all compensation payments will be made not at the expense of the Social Insurance Fund, but at the expense of the employer.

The employee also has the right to compensation for moral damages. Its value can be determined by agreement of both parties. If the employee is not satisfied with the amount of damages to be compensated, he can file a claim in court at the location of the defendant.

In addition to mandatory payments in case of injury at work, the employer has the right to pay additional compensation. It can be issued at a time by order of the employer, or it can be specified in an employment or collective agreement.

Compensation for lost earnings

In Art. 184 of the Labor Code of the Russian Federation states that if an employee is injured at work, the employer is obliged to compensate him for the earnings not received for these days. But there are several features when recovering lost earnings in favor of an employee.
It is worth understanding that “lost earnings due to forced absence” and “lost earnings due to a work injury” are different concepts. These are different types of compensation for harm in favor of an employee, to which different methods calculation.

Law No. 125-FZ states that an injured employee has the right to compensation for harm caused to his life and health. While he is on sick leave, he does not receive wages. Even after returning from sick leave, the injured employee cannot always work at full capacity. Sometimes it takes time for long-term rehabilitation.
Consequently, the earnings that he does not receive all this time are subject to compensation. First of all, you need to determine from what point it is necessary to compensate for lost earnings.

The victim receives sick leave benefits in the amount of 100% of his average earnings for the last year. But in Art. 1085 of the Civil Code of the Russian Federation states that he has the right to receive the entire amount of earnings lost during this period. It is recovered from the employer as from the tortfeasor. The amount of compensation is 100% of earnings for these days.

How to receive payments

To receive all due payments, the employee must bring sick leave and other documents that confirm his medical expenses. To receive disability benefits, you do not need to write additional applications. And to receive compensation for medications and other expenses, you must write an application addressed to the employer with a request to pay him the specified amounts. All details are included with the application necessary documents and checks.

Part of the payments is made at the expense of the employer, and part - at the expense of the Social Insurance Fund. For example, compensation for medicines is at the expense of the employer, and compensation for additional leave- at the expense of the fund.
Within 10 days after writing the application, it is reviewed by a representative of the FSS. He also decides on payment of compensation. The decision is made after the specified period. The one-time benefit is transferred to the applicant’s account immediately after a positive decision is made by a fund employee.

If the employer refuses to make payments or does not do so in full, you must contact the labor inspectorate with a complaint about the employer’s illegal actions. The complaint will be investigated.
Filing a complaint to the labor inspectorate does not deprive the injured citizen of the right to self-defense of his labor rights. That is, he can go to court with a claim for reimbursement of expenses incurred for treatment.

31.07.17 22 654 0

What to do if you are injured at work

How to compensate for expenses and not go crazy

Two years ago, my husband and I were in an accident at work, were seriously injured and did not work for six months.

Ksenia Ivanova

was injured at work and received compensation for it

We work in a large public hospital. I am a resuscitation doctor, and my husband is a paramedic. That day we were transporting a sick woman from Tula to Kazan. The road was empty and dry, it was light, and our car had flashing lights. The driver of the oncoming car lost control and drove straight into us. Our patient died and we suffered greatly.

We are officially employed, receive a standard salary, and our employer pays all insurance premiums. Therefore, due to the accident, our financial situation not only did not suffer, but also improved. In this article I will tell you how to receive compensation and payments that are required by law for an injury received at work.

What is considered a work injury?

An occupational injury is harm to health that a person receives while performing his or her job duties. Injuries sustained during a lunch break, while doing overtime, on a business trip, or on the way to or from work using the employer's transport are also considered.

Accidents can happen at work, in the office, on the street or in transport:

• the manager slipped on a freshly washed staircase and sprained his ankle;
• the accountant was taking documents to the tax office and was hit by a car;
• The security guard, at the request of the director, was painting the fence, and he was bitten by a street dog.

What to do first

1. To begin with, eliminate the traumatic factor, if possible: drive the dog away, crawl away from the roadway. If the injury is severe, call an ambulance; if it is mild, you need to see a doctor yourself on the same day.
2. Report the accident to your immediate supervisor or person in charge.
3. Write down contact information for witnesses. In my case, the documents from the scene of the incident were drawn up by traffic police officers. Then I simply received an official certificate from them.

In the event of an industrial injury, an employee is entitled to payments from the employer and the Social Insurance Fund: a one-time and monthly insurance payment, payment additional expenses for treatment and rehabilitation. If the injury was not the fault of the victim, you can sue and receive additional compensation for moral damages. But to get the money, you will have to go through many bureaucratic procedures.

How to get compensation

To receive the required compensation for a work injury, you will need to complete a lot of paperwork. It is important to do this correctly, otherwise compensation will not be given.

If the victim cannot move independently, you need to choose a reliable person from your close circle to handle the paperwork. This person should have a lot of free time and a stable psyche.

A power of attorney for a person is issued by a notary; he can be called home for an additional fee. You can also call a doctor at home, for example, when you need to extend sick leave.

For the first few months, my documents were processed by my husband, who was also a victim. When the time came to draw up his documents, he refused: he said that he did not have the strength to go through all the authorities again.

Here are the documents you need to collect to receive compensation.

Documents

Certificate of incapacity for work

The first thing you receive in case of a work injury is a certificate of incapacity for work. It confirms that you have been injured and are temporarily unable to work.

The hospital where the victim goes should be told that the injury was sustained at work. Then doctors will take a blood test for alcohol, and the doctor will determine the severity of the injury: mild or severe.

The leave (also known as sick leave) must be renewed on time at the doctor at your place of residence. Sick leave is not extended retroactively - this is a violation of the regime. There is no valid reason for such a violation. Visiting a doctor and receiving treatment is the primary responsibility of the patient.

04 in the column “Cause of incapacity” is an industrial injury code

Documents

Report on an industrial accident in form N-1

The employer is obliged to create a commission and conduct an investigation into the fact of an accident at work. The commission must find out who is to blame for the injury and how to prevent similar injuries in the future.

If the injury is mild, 3 days are given for investigation, if severe - 15 days. The victim or his legal representative has the right to participate in the investigation, get acquainted with documents, evidence, evidence.

The commission will determine the victim's guilt as a percentage. This interest may be deducted from sick pay.

The victim may be to blame, as well as the employer, or an external factor.

• While driving the car, I did not violate safety regulations and was wearing a seat belt. I was injured as a result of a car collision. The driver of the car who flew into the oncoming lane is at fault. This is an external factor.
• Vasily and his colleagues celebrated the end big project. Someone brought alcohol. As a result, a drunken Vasily tried to slide down the railing of the office stairs, fell and was injured. Vasily is to blame.
• And Nikolai drank alcohol at home with friends, and then went to the plant for the evening shift. He fastened his overalls incorrectly, got caught on a part on the machine and dropped it on his leg. Both the victim and the employer, represented by the senior foreman, are to blame for allowing the employee to work while intoxicated.

The commission will draw up an act in form N-1. The employer is obliged to give one copy of this act to the victim against signature. Act N-1 - main document upon receipt of compensation. Make 10 copies and carry them with you to all authorities.

How to negotiate with an employer

A work injury is a big headache for an employer. Sometimes the victim is offered not to register the fact of a work injury and receive voluntary compensation from the employer. Or even not receive anything, but simply please the bosses.

Whether to agree or not, everyone decides for themselves. It is important to know that sick leave with code 04 will be paid only if there is an N-1 certificate.

If you have agreed with the employer and there is no report, then there is no need to talk about the work injury in the hospital. Then you will be given a regular sick leave with code 02 “injury”.

Documents

Rehabilitation program for victims of an industrial accident (PRP)

The rehabilitation program is drawn up at the Bureau of Medical and Social Expertise (MSE) at the place of residence. It can only be obtained while the victim is on sick leave. The program specifies everything that the victim needs for full treatment and rehabilitation: medications, sanatorium-resort treatment, technical means of rehabilitation, physical therapy. The sooner the victim receives PRP, the more expenses the state will compensate him.

Getting a PRP is a level 80 quest for those who have suffered a severe work injury. In 2015, in Kazan, a city with a population of one million, only two people, including me, completed it to the end.

To get a PRP, we take a passport and SNILS and go to the clinic at our place of residence. You need a deputy chief physician for clinical expert work. We say that you need a referral for a medical and social examination to receive a PRP. You will be registered on the website of your ITU Bureau division using a special password and SNILS number. An employee of the clinic will give you a coupon indicating the date, time and necessary documents with which you need to come to the ITU.

To collect all the documents for a medical and social examination, in my experience, it will take 7-10 days. If your clinic has problems with specialists, then there may be more.

This is what needs to be prepared for ITU.

Passport. We take with us the original passport, a copy of the double page with photo and registration.

The ITU Bureau will only accept your documents at your place of residence. If you are not applying by registration, temporary registration is required

Work record book- original and copy. Order a copy from the HR department 3-7 days before your visit to the ITU Bureau. The day before your visit, pick up a copy and work book under signature. The original will only be issued for three days.

Documents from a medical institution. These may be extracts from an outpatient card or the history of an inpatient, the results of examinations and studies. Everything that confirms and describes the diagnosis, the condition of the victim, the treatment performed and its results. Take both originals and copies of documents with you.

Production characteristics. This is a document that describes the working conditions at your workplace. It is filled out by a labor protection specialist.

Referral for medical and social examination according to form No. 088/u-06. According to the rules, the referral must be filled out by the attending physician, but the doctor has many patients and documents, and I am alone. To speed up the process, I agreed with the doctor that I would fill out the passport part myself, and he would check and fill out specific points - diagnosis and recommendations - and sign. It's faster and more reliable.

Regardless of the diagnosis, it will be necessary to undergo an examination by an ophthalmologist, neurologist, surgeon and therapist. Their conclusions can be included in the referral, or they can be issued on separate forms with the seal of the doctor and the clinic.

Here is an example of a completed direction:

At the end of the referral there must be signatures of the medical commission. Usually this is the attending physician, the deputy chief physician for the ER and the chief physician.

In the upper left corner there should be a stamp of the medical institution that sends you to ITU.

Points 15-17 are intended for students and schoolchildren. It is better to fill out paragraphs 22-24, 29-32, 34 with a doctor or together with a doctor. In paragraph 23 you need to enter the conclusion of the attending physician.

There is no need to fill out a return ticket.

Decision of the medical commission. It should give him away medical institution, which is sent to the ITU. Again, I advise you to prepare it at home yourself. In this case, you need to get a number and confirm the decision with the Deputy Chief Physician for CER. It is better to sign the decision in at least three copies and make three more copies.

It is necessary to register the document with the deputy chief physician of the Clinical Expert Commission and receive a number

Fundamental Statement

The primary diagnosis is what happened immediately after the injury

Diagnosis at the time of submission of documents

We write out technical means of rehabilitation from the conclusion of the medical and technical examination

The rest is prescribed by the attending physician; it is important to follow the wording

Conclusion of the medical-technical commission, if the victim needs to use technical means of rehabilitation - prostheses, orthoses, crutches, canes, special shoes or insoles, and so on. The conclusion is issued by the prosthetic and orthopedic enterprise of the city or district. I came without an appointment and received it 20 minutes later detailed recommendation, so everything is simple here. I recommend making three copies of the report.

Report on an industrial accident in form N-1, original and copy. I described it in detail above.

Any other documents that relate to work-related injury and treatment. They need to be photocopied and taken with you just in case.

If there is no referral to ITU

If the clinic refused to refer the victim to MTU, you need to take a certificate of refusal to refer, collect all documents except form No. 088/u-06 and the decision of the medical commission, and go to the MTU Bureau without a coupon or appointment or make an appointment by phone.

Documents

Certificate on the degree of loss of professional ability to work

This is a separate document, for which you need to collect the same documents as for the PDP, and once again go for examination to the ITU Bureau. Based on the results of the examination, you should be given a certificate stating the results of establishing the degree of loss of professional ability in percentage.

This is the same quest. You need to take it when the sick leave is closed or if more than 10 months have passed since the work injury, but the victim’s ability to work has not been restored.

Temporary disability benefit

Temporary disability benefits are paid to anyone who is injured at work and is temporarily unable to work. The basis for payment is a certificate of incapacity for work. The benefit is paid as long as the certificate is valid or until disability is established.

The benefit amount is 100% of the average salary, regardless of length of service. If the victim himself is to blame for the work injury, the benefit may be paid partially or not paid at all.

What documents are needed? You will need a certificate of incapacity for work with disability code 04. Do not forget that an N-1 act must be drawn up.

Sick leave must be submitted to the accounting department.

If the region participates in the “Direct Payments” project, the accounting department will generate an application to the Social Insurance Fund for payment of sick leave. In the application you can indicate which bank card you want to receive money - by default, a salary card is indicated there. You need to sign this application and wait for the money within two weeks.

In other regions, the employer will pay for sick leave. The money will arrive on the next day set by the company for salary payment.

The average salary is typically higher than what is received each month because it includes annual and quarterly bonuses, travel allowances, and other benefits. In Tatarstan, for example, according to pilot project Payment is made directly by the FSS. Therefore, the money will arrive on time, even if the employer has problems with payments to employees.

One-time insurance payment

Insurance benefits are available to anyone who has suffered a serious work injury. The amount is determined as a percentage in accordance with the degree of loss of professional ability to work. The maximum amount in 2016 is 90,401.9 rubles. The amount is indexed annually each year. If the victim died as a result of a work injury, his loved ones will be paid 1 million rubles.

The percentage of disability is determined either upon recovery or upon determination of disability.

What documents are needed? Certificate on the results of establishing the degree of loss of professional ability to work as a percentage, act N-1.

A year after the accident, the bones in my legs still have not fused. I could not go to work, I was diagnosed with second group disability and 80% loss of professional ability. I took the certificate to the FSS. The fund paid me 80% of the amount of 90,401.9 rubles in a lump sum - 72,231.52 rubles. This was in 2016. Now the amount will be slightly different.

Monthly insurance payment

Same as a one-time insurance payment, but occurs monthly while you are being treated. This payment should compensate the employee for a possible transfer to a job or position where the salary is lower than before the injury.

The amount is determined as a percentage of the average salary in accordance with the degree of loss of professional ability to work. The maximum amount in 2016 is 69,510 rubles per month. This amount is also indexed annually. In 2017, they will pay 72,290.4 rubles. The percentage of disability is determined either upon recovery or upon determination of disability.

What documents are needed? Certificate on the results of establishing the degree of loss of professional ability to work in percentage, act N-1. Other documents may vary; fund employees will advise you on them.

The FSS paid me 80% of my average salary every month for a year while the certificate was valid.

You do not have to be disabled to receive this payment. Even if the victim has fully recovered, but, for example, the arm has become weaker, then you can still get the percentage of loss. Just not 80%, like mine, but from 10 to 30%.

Payment of additional expenses for medical, social and vocational rehabilitation

Some injuries will require additional expenses: for example, you may need outside care or rehabilitation in a sanatorium.

The amount of payments depends on the type of expenses. It is paid from the moment of registration of the rehabilitation program until the end of its validity period or until disability is determined.

What documents are needed? Rehabilitation program for the victim, prescriptions, cash and sales receipts, conclusion of the medical and technical commission.

What will they pay? Any expenses are paid only if they are prescribed by a doctor, confirmed by a medical commission and included in the victim’s rehabilitation program through the ITU Bureau. Expenses are paid only in the amount specified in PRP, and during the period of validity of the PRP.

I learned about this system only three months after the injury. The medications I bought in the first months were not reimbursed.

In order for expenses to be reimbursed, the name of the medicine or technical means rehabilitation must match verbatim in the PRP, receipts and doctor’s prescription or the conclusion of a medical and technical examination.

Medicines are paid for in full. The action plan is as follows: the victim receives the PRP, receives a prescription from the doctor, buys the medicine, and takes cash and sales receipts from the pharmacy. After that, he goes to the Social Insurance Fund, takes a compensation form from the employees, writes an application and attaches Act N-1, PRP, a prescription or a copy thereof and receipts. You will also need to indicate the account details where the money will be transferred.

Technical means of rehabilitation are paid in the amount determined by tenders. You will need a PDP, a conclusion from a technical commission, and checks.

Sanatorium-resort treatment is paid in full along with travel there and back. The FSS issues a voucher to one of those sanatoriums that win the competition and correspond to the profile of the disease. You can choose a sanatorium only within these options.

If the victim’s rehabilitation program requires outside care, this will also be paid for. For external medical care they will pay 900 rubles per month, and for household care - 225 rubles per month. Outside care can be provided by anyone, for example relatives. Outside care will not be paid for those days when the victim is in the hospital or in a sanatorium.

It is also theoretically possible to receive payment for the costs of a special vehicle, its repair and fuels and lubricants, and professional retraining. But in practice it is very difficult.

Compensation for moral damage

The amount of compensation is determined by the court. You can file a claim in court at any time after registration of the N-1 act. If the court decides the case in favor of the victim, the person responsible for the accident will pay compensation.

I filed a claim against the driver who caused the accident for compensation for moral damage as part of a criminal case. Since my health was seriously harmed, the court by default considers that I also suffered moral harm.

If the medical examiner determines moderate or minor injury, the court may require evidence of emotional distress, such as receipts for post-injury visits to a psychologist.

Is it worth the effort

In Russia, people are not used to “laying out straws”, insuring life, health and property. Fortunately, if we work honestly and pay taxes, the state is ready to help in difficult times. Everything that was due to me by law was paid.

This took a lot of time and effort. Only from the third month did I start receiving due payments. But all the employees government agencies The people I encountered were friendly and tried to help.

As a result, for the first year after the injury I received an average monthly salary. I was reimbursed for expensive medications, crutches, a cane, and was rehabilitated for free in a special clinic. Considering that my husband and I were on sick leave, these payments gave us the opportunity to live ordinary life, calmly pay all loans and other obligations.

The first year after the injury I did not work, but every month I received an average salary

In the second year after the injury, I received twice my usual salary, taking into account monthly payments, a disability pension, and compensation for additional expenses. All this allowed me not to skimp on my health and calmly recover from a serious injury.

Remember

1. An occupational injury is harm to health that a person receives while performing his or her job duties.
2. It is imperative to record the fact of injury in a medical institution and report it to management.
3. To receive all insurance payments for a work injury, you need to work under an employment contract and receive a white salary.
4. If the victim cannot move independently, you need to make a power of attorney to the legal representative from a notary to draw up documents.
5. Act N-1 is a mandatory document; without it, other documents cannot be obtained.
6. Apply for sick leave correctly and renew it on time.
7. Only those expenses specified in the PRP are reimbursed. It needs to be received as early as possible.
8. If the injury is severe, it is possible to receive lump sum and monthly payments. To do this, you need to obtain a certificate of loss of professional ability as a percentage.

It is interpreted as an incident as a result of which the insured person was injured. As a result of this, the employee lost his professional ability, temporarily or permanently, or the event resulted in death.

What is a work injury?

The main condition is that the injury is recognized as a work-related injury and is documented and insurance compensation is paid - the injured person must be affiliated with the employer and insured in accordance with the procedure established by law.

Another condition is that the accident must occur during the employee’s performance of work duties.

To be completed job responsibilities is equivalent to absence from work due to business trip, movement from the place of work and to work, if transport is provided by the enterprise, also movement in a personal car to perform one’s duties, which must be stipulated in the employment contract.

An industrial injury can be recognized as an injury that a student received during the course of work. industrial practice, or was involved in performing public works. In other cases, if the employee was absent from the workplace and was injured, then such an incident will not be considered an industrial accident.

It is very unpleasant when an employee returns from sick leave and provides a certificate of incapacity for work with code “04”. This code is entered in the hospital if the patient was injured at work.

To avoid the imposition of penalties on the employer, which are provided for by the Code of Administrative Offenses, you should immediately register the injury in full compliance with the requirements of current legislation.

Establishing the fact of an industrial injury

It is important to determine the time of injury.

The employer is obliged to find out from the victim all the details of what happened in order to really make sure that the injury occurred at work.

There are situations when employees simply deceive employers in order to receive insurance compensation. Having sprained their leg at home, they go to the hospital and say that it all happened at work.

By the way, a person who works on an enterprise basis can receive insurance compensation, naturally, if the insurance premiums are stipulated in the contract.

It is very important at what time the accident occurred:

• during the working day;
• during lunch or other breaks;
• during overtime work;
• during the performance of official duties on holidays or weekends.

The main thing is that work outside of normal hours should be agreed upon with the administration of the enterprise.

Documentation of work injury

A specific list of documents to be completed.

First of all, the employee should be required to provide a written explanation of the incident.

During the first 24 hours from the moment of detection of an industrial injury, it is necessary to notify the FSS authorities using a special form provided for by the FSS Order dated August 24, 2000.

Now you can send a request to the hospital institution for an opinion using form No. 315/u. This certificate confirms the degree of severity.

If the injury is really serious, then the enterprise administration is obliged to draw up a corresponding act in form 315/у. The act must be familiarized with the victim and signed.

After drawing up the act, no later than the first day, the employer draws up a notice of a serious accident (form No. 1, provided for by Resolution of the Ministry of Labor No. 73) and sends it to the following authorities:

1. Regional branch of the FSS;
2. Labor inspection;
3. Prosecutor's Office;
4. To local government bodies;
5. The higher regulatory body, for example, at pharmacies is Roszdravtekhnadzor;
6. Trade union.

To eliminate unnecessary questions that may arise from higher authorities, it is recommended to attach a copy of the act in Form 315/y and a medical report or sick leave to the notice.

Investigation

A commission is convened to investigate.

Conducting an investigation into a work-related injury is a mandatory stage in the preparation of injury documentation.

First, an order is issued that will approve the investigation commission. If the injury is classified as minor, then only employees of the enterprise are included in the commission, this may be the head of the victim’s structural unit, a representative of the accounting department and the personnel department.

If a medical report confirms a serious injury, then representatives of the Social Insurance Fund, labor inspectorate and local government officials will have to be included in the commission. In this case, the head of the commission can only be a representative of Rostrud.

The commission has the right to interview the victim and witnesses.

If the injury was sustained as a result of an accident, then information is requested from the traffic police, the scene of the accident may be inspected and a protocol may be requested.

At the end of the investigation, the commission draws up an act in form N-1 (the form is approved by Resolution of the Ministry of Labor No. 73). The act is drawn up in 3 copies, for:

1. The victim;
2. Employer;
3. FSS bodies.

Payment of sick leave

The main difference in the amount of disability benefits due to an industrial injury is that payments are made at 100% of the average salary of the victim.

However, payments cannot exceed four times the maximum monthly insurance benefit. Payment for sick leave is made from the 1st day of issuing a certificate of incapacity for work.

Consequences of failure to investigate a work injury

If suddenly, the management of the enterprise refuses to investigate the accident, prepare all relevant documents, notify regulatory authorities and pay insurance benefits, then the victim himself or his relatives can apply to the labor inspectorate. It should be remembered that accidents have no statute of limitations.

The labor inspectorate, by issuing an order, will oblige the enterprise to conduct an investigation.

In addition, the inspectorate has the right to fine the company, including senior management, for concealing the fact of a work-related injury.

It is necessary to find out all the reasons for what happened.

In addition to the fact that an employee can deceive the employer and claim that the incident happened to him at the enterprise, the law establishes cases in which injuries will not be regarded as work-related:

• if the employee at the time of injury, although he was at work, was under the influence of alcohol or drugs;
• the employee died due to suicide or from a general illness;
• during the incident, the employee was committing a crime.

In any case, the decision must be made by a commission, so even if there is clear confirmation of one of the provided “aggravating” circumstances, a commission must be created and conduct an investigation. Therefore, you should never feel sorry for drunk employees, but immediately remove them from work as soon as it becomes clear that they have alcohol in their blood.

The employer must remember that his responsibilities include preventing situations in which employees may suffer work-related injury, and never allowing complex and dangerous work to be carried out by persons who, for health reasons, cannot perform it.

If an accident does occur at work, then do not try to hide it, but, following the entire procedure, investigate and register the accident so that the victim does not have the opportunity to go to court and protest the employer’s decision.

In this video you will learn how to properly record work-related injuries.

Form for receiving a question, write yours

They happen periodically, and in this case everyone should know what to do. This applies not only to the employee, but also to the employer. Especially considering the existing Article 5, which refers to Federal Law number 125-F3. It obliges every employer to insure its employees against this kind of trouble, and therefore implies a certain list of actions that the employer must take in the event of a work-related injury.

Table of contents:

What injuries are work-related?

In order for an injury to be recognized as work-related, several actions must be taken immediately after the injury:

• Provide medical assistance to the victim - call or go to a local medical center.
• You need to apply for medical help. If the injured person does not succeed, then someone around him needs to do it.
• It is necessary to call a management representative to the scene of the incident. If possible, then the head of the entire enterprise.
• It is necessary to provide the supervisor who appears with full information about when and where this injury occurred.

The main thing in this procedure is to record harm to health. Arrived at the scene medical staff must first document the injury and then begin treatment. This fact must be reflected in the relevant documentation. Without it, the injury will be considered non-work-related, which means the worker will not be entitled to any compensation.

Next, it is the employer’s turn to act. After a written statement about the injury and a document indicating the recording is placed on his desk, the manager must begin an investigation. How it must be carried out and by what standards it is regulated is indicated in articles 229 to 231 of the Labor Code. If the investigation is not carried out, or is carried out but with violations, a complaint may be filed against the manager to the relevant authorities. This may result in litigation and penalties.

Important fact

It is not only an injury that is received directly at the workplace during a shift that is considered work-related. This also applies to injuries sustained by an employee while he was traveling to production or returning home. But only if at that time he was in transport provided by the employer.

Employer's actions

The relevant laws establish a clear procedure for both the employee and the manager. The employer must:

The employer also has a certain list of responsibilities imposed on him by law. In the event of a work-related injury, the manager must immediately:

• Provide medical care to the injured person. In case of hospitalization, the employer must ensure that an ambulance team takes the victim to the hospital. If it was decided to transport the injured employee on his own, then the manager is obliged to provide a vehicle.
• Ensure that the investigation is carried out in the most thorough manner.
• Pay the employee everything that is supposed to be paid in such situations. Even if the accident occurred through the fault of the victim himself. True, in this situation the amount of compensation payments is greatly reduced.

Please note

If the commission determines that the employee’s health has been slightly damaged, then all payments will be made not from the Fund’s budget Social Insurance. In this case, the employer himself must pay all expenses.

What should be paid to the victim?

An injured employee as a result of a work-related injury is entitled to several different types monetary compensation.

The first of them is payment according to. It is always made from the funds that were allocated by the manager for insurance premiums for accidents. Sick leave is paid regardless of how many full years of service the injured employee has. This payment is equal to the worker’s full average monthly earnings. It is provided if there is a reason, namely a certificate confirming incapacity for work. Such an extract is made and issued at the medical institution where the employee was admitted for treatment.

The second payment is a one-time payment. Its size is determined in direct proportion to how great the degree of disability of the victim is. The amount is calculated directly by the Social Insurance Fund.

The third payment is monthly. It continues until the employee regains full working capacity. Typically, the amount of such payment is equal to the average monthly earnings of the victim.