Good day, Oksana!

To all that has been said, I can add an addition about the right of the minor daughter of the deceased to compensation for moral damage in connection with the death of her father at work (we proceed from this fact).

For these purposes, and indeed for understanding everything that happened, incl. - the employer’s attitude towards this is necessary to obtain from the latter the accident investigation documents (it is advisable to obtain copies of all documents specified in Article 229.2 of the Labor Code of the Russian Federation).

... according to Article 229.2 of the Labor Code of the Russian Federation

order (instruction) to create a commission to investigate the accident;
plans, sketches, diagrams, protocol for examining the scene of the incident, and, if necessary, photo and video materials;
documents characterizing the state of the workplace, the presence of dangerous and harmful production factors;
extracts from logs of registration of labor safety briefings and protocols for checking the knowledge of victims of labor protection requirements;
protocols of interviews with eyewitnesses of the accident and officials, explanations of the victims;
expert opinions of specialists, results of technical calculations, laboratory studies and tests;
a medical report on the nature and severity of the damage caused to the victim’s health, or the cause of his death, whether the victim was in a state of alcohol, narcotic or other toxic intoxication at the time of the accident;
copies of documents confirming the issuance of special clothing, special shoes and other personal protective equipment to the victim in accordance with current standards;
extracts from orders previously issued to the employer and related to the subject of the investigation by state labor inspectors and officials of the territorial body of the relevant federal body executive power exercising the functions of state supervision in the established field of activity (if the accident occurred in an organization or facility controlled by this body), as well as extracts from the representations of trade union labor inspectors on the elimination of identified violations of labor protection requirements;
(edited) Federal Law dated July 18, 2011 N 242-FZ)
other documents at the discretion of the commission.
The specific list of investigation materials is determined by the chairman of the commission depending on the nature and circumstances of the accident.

From the documents, the picture will be clear, first of all, whether the guilt of the victim himself in the accident has been established (a circumstance that plays an important role in the case of compensation for moral damage).

Justify the formal right to compensation for harm
factual circumstances (even if the spouses were divorced, it doesn’t matter -
the child communicated with his father, knew about him, waited for meetings, etc. Even at the “peak”
option, when the father could not see his daughter for years - she suffered, she waited and
knew that he was somewhere - i.e. personal-social connection can be traced
always and therefore the child suffers due to an irreparable loss, his suffering
100% lie in a cause-and-effect relationship with the fact of the father’s death on
production) .In general - work on this direction - it, among others,
the most real. Bring your claim to a reasonable maximum (possibly
gold miners will not want to bring all this to the level of open court process, and the issue will be resolved amicably). Be persistent and purposeful in this matter. Good luck to you.

Pavel Artobalevsky(01/13/2016 at 17:00:19)

Compensations paid by the organization.

disabled persons who were dependent on the deceased or who had the right to receive maintenance from him on the day of his death;

a child of the deceased born after his death;

one of the parents, spouse or other family member, regardless of his ability to work, who does not work and is engaged in caring for the deceased’s dependent children, grandchildren, brothers and sisters who have not reached the age of 14 or, although they have reached the specified age, but upon conclusion of the institution civil service medical and social examination (hereinafter referred to as the institution of medical and social examination) or medical and preventive institutions state system health care recognized as needing outside care for health reasons;

persons who were dependent on the deceased and who became disabled within five years from the date of his death.
In the event of the death of the insured, one of the parents, spouse or other family member who is not working and is caring for the children, grandchildren, brothers and sisters of the deceased and who became disabled during the period of care, retains the right to receive insurance payments after the end of care for these persons . Dependency of minor children is assumed and does not require proof.
Insurance payments In the event of the death of the insured, the following are paid:

for minors - until they reach the age of 18;

students over 18 years of age - until they graduate from full-time educational institutions, but not more than 23 years of age;

women who have reached the age of 55 years and men who have reached the age of 60 years - for life;

for disabled people - for the period of disability;

one of the parents, spouse or other family member who is not working and is caring for the deceased’s dependent children, grandchildren, brothers and sisters - until they reach the age of 14 years or their health status changes.
The right to receive insurance payments in the event of the death of the insured as a result of insured event may be provided for disabled persons who had income during the life of the insured, in the case where part of the insured’s earnings was their permanent and main source of livelihood.

Despite the fact that quite a lot of attention is paid to safety issues when performing work at enterprises, quite often there is death at work. Reasons such incidents are different. However, regardless of them, certain measures will be applied to the employer. Let's consider next what to do if it happens.

General information

Death due to an industrial accident- a terrible event that entails a number of negative consequences for the employer. In such a situation, it is important to understand the circumstances. To clarify all the facts, a commission is being formed that will investigate death due to an industrial accident. She records her every step in documents that will later be studied by law enforcement agencies.

Regulatory framework

Deaths at work require a special approach. The Labor Code provides for several articles regulating the actions of the employer in such situations. In general, they are similar to those that the employer commits in the event of an accident with serious consequences. In his actions, the employer must be guided by the following articles of the Labor Code:

1. 227. It establishes cases in which an investigation is required.
2. 228. This article establishes specific responsibilities of the employer in case of accidents.
3. 228.1 It establishes the procedure for notifying government agencies.
4. 229. This norm establishes the rules for the formation of commissions investigating accidents.
5. 229.1. This article sets out the time limits within which the investigation must be carried out.
6. 229.2. This norm establishes the procedure for conducting an investigation.
7. 229.3. This article establishes cases in which the investigation is carried out by a labor inspector.
8. 230. This norm establishes the procedure for drawing up documents drawn up during the investigation. Their forms are present in the Resolution of the Ministry of Labor No. 73 of 2002.

Initial activities

Let's look at an example. The citizen was working on a woodworking machine. He cleaned the equipment. In the process, his hand was pulled into the drum and torn off. Happened industrial accident. Death person occurred due to large blood loss. What should the employer do first?

Preserving the environment

The head of the enterprise must fence off the area and not allow other employees to change anything or remove any parts at the scene of the incident. It is necessary to preserve the situation for the commission members who will investigate everything. It must be remembered that even a seemingly insignificant detail can later become evidence of the guilt or innocence of the management and officials of the enterprise. For example, the commission may determine that a woodworking machine was not equipped with a security system. Thus, it occurred as a result of management’s negligence in ensuring local security. It is often impossible to preserve the situation of an incident. For example, failure to act may endanger the safety of other employees. In such a situation, it is necessary to record all important details. This can be done using video or photography. The received materials are transferred to the members of the commission.

Notification

The legislation establishes the obligation of the head of the enterprise to notify a number of government agencies about what happened. These government agencies include:

1. GIT (labor inspection). The notice is sent to the unit located at the address of the enterprise.
2. The prosecutor's office.
3. Territorial division of the FSS.
4. District or municipal administration.
5. Regional trade union association.

If it was associated with acute poisoning, a notification is also sent to Rospotrebnadzor. If an incident took place at a hazardous facility, Rostekhnadzor is notified. These government agencies send their representatives to the enterprise. They are part of the commission conducting the investigation.

Participation of relatives

The head of the enterprise is also obliged to inform the relatives of the deceased about the incident. Relatives can participate in meetings of the commission conducting the investigation. However, they are prohibited from being its members. This is due to the need for an objective and impartial investigation of the incident.

Request to a medical institution

It must also be sent to the head of the enterprise. To conduct an investigation, a conclusion from a medical institution is required. It indicates the causes of death of a person. In addition, the conclusion contains information about the citizen’s condition before death. For example, whether he was drunk or not. Death of a person at work may occur as a result of an exacerbation of any disease. For example, a citizen’s heart stopped. Only a medical institution can provide accurate and reliable information.

Creation of a commission

The investigation must be carried out by the head himself and government officials. The commission may include a representative of the employer instead of the employer. After sending a notification to government agencies and receiving information from them about the representatives who will participate in the investigation, the head issues an order. In it he indicates the composition of the commission. The chairman may be a labor inspector or a representative of Rostechnadzor. It is prohibited to include in the commission specialists from the enterprise who were supposed to monitor compliance with occupational safety requirements at the site where the tragedy occurred.

Deadlines

By general rule, the investigation should last 15 days. Meanwhile, situations are different, and this period may be extended. An increase in the period is usually associated with the need to request additional documents, conduct examinations. In such situations, a decision to extend the deadline is attached to the investigation materials. It must be motivated.

Documentation

The commission investigating the incident attaches to the case materials:

1. An official report indicating the causes of death of the employee. It is issued by a forensic medical expert at the request of the head of the enterprise.
2. Protocol of inspection of the area where the tragedy occurred. Video and photographic materials may be attached to it.
3. A copy of the document confirming the completion of the medical examination.
4. Protocol for interviewing eyewitnesses/witnesses of the incident.
5. Copies of documents confirming that the deceased received safety and occupational safety training.

Meeting

It is organized after the investigation is completed and all documents have been collected. Relatives of the employee who died at work are notified of the date, place and time of the meeting. During it, research is carried out collected documents, as a result of which the issue of qualifying the accident as related or not related to the production activities of the citizen is resolved. In addition, at the meeting, employees are identified who committed violations of labor safety requirements, as a result of which their colleague died.

Case materials

Based on the results of the meeting, packages of documents are formed for the prosecutor’s office and members of the commission. They include acts according to f. N-1 (about the incident) and f. 4 (about the investigation). One original is submitted to the State Tax Inspectorate, the trade union, the Social Insurance Fund, a representative of the administration, the employer and the prosecutor's office. One act according to f. N-1 is given to the relatives of the deceased. The generated packages of documents are sent to the above authorities within three days from the date of completion of the investigation. The head of the enterprise is obliged to register the incident in the appropriate logbook.

Consequences

What threatens the head of the enterprise if death at work? Responsibility, as practice shows, occurs for the employer even when no violations of labor safety rules have been identified on his part. However, it is the manager who is obliged to monitor the behavior of his employees at the enterprise. In accordance with the law, in the event of the death of an employee at work, the employer may be subject to criminal penalties. Its type and size depend on the circumstances of the incident. This could be a fine or imprisonment.

Death at work: compensation

If it is revealed that the death of an employee was due to the fault of the employer, the citizen’s relatives can demand compensation for moral damage through the court. In addition, Article 184 of the Labor Code provides for the following payments in the event of death at work:

As Article 141 of the Labor Code indicates, if the deceased did not manage to receive the salary accrued to him, it is transferred to his relatives. Issuance is carried out within a week from the date of provision of the necessary documents to the head of the enterprise. Article 83 of the Code sets out the grounds for dismissing an employee. One of them is death at work. Payments in this case, they are carried out according to general rules and include the amount for unused vacations.

Salary to the heirs of the deceased

The composition of earnings paid to the successors of the deceased is enshrined in Article 1183 of the Civil Code. According to the norm, family members of the deceased and his dependents, regardless of whether they lived together or not, are given the right to receive:

1. Accrued amounts of earnings and other income equivalent to it.
2. Scholarships.
3. Pension.
4. Compensation for damage to health/life.
5. Social Security benefits.
6. Alimony, other amounts provided to the subject as a means of subsistence.

If an employee dies, the manager must carry out the dismissal procedure according to the general rules on the basis of a death certificate presented by relatives.

Subjects of law

The following can count on receiving insurance amounts in the event of the death of a citizen at work:

Death at work: Social Insurance Fund payments

Relatives of the deceased have the right to count on:

1. One-time benefit.
2. Monthly insurance amounts.

The first, as a general rule, is provided no later than 1 month (calendar) from the date of appointment. In case of death of the insured person lump sum allowance is accrued to citizens entitled to receive it within 2 days from the moment of presentation to the insurance organization of all documents that are necessary for accrual. Monthly payments are made:

1. Minors until they reach the age of majority.
2. For students over 8 years old - until completion of full-time studies, but no longer than 23 years old.
3. For life - women are 55 years old and men are 60 years old.
4. For disabled people - for the entire period of incapacity.
5. Spouse, father/mother, other relative who is unemployed and caring for children, brothers/sisters, and dependent grandchildren of the deceased, up to 14 years of age or until their health status changes.

Features of Calculus

The one-time payment to the Social Insurance Fund is established in an amount equal to 60 times the minimum wage provided for federal legislation on the accrual date. The monthly amount is calculated on the basis of the deceased’s average monthly earnings, minus the portions due to him and his able-bodied dependents who are entitled to receive the corresponding amounts. To establish the size of the payment per each citizen who has the opportunity to count on receiving it, the total amount is divided by the number of such entities. Subsequent recalculation of accrued amounts is not performed. The exception is when there is a change in the circle of subjects who have the right to receive them, or in the degree of disability. Recalculation can also be done during indexation monthly benefits carried out in accordance with federal legislation.

Taxation

As stated in the Letter from the Ministry of Finance of 2013, the company does not withhold personal income tax from the last earnings of a deceased employee paid to his relatives. This rule applies not only to salary, but also to income transferred to the person’s heirs. The enterprise does not have obligations as a tax agent either in relation to the amounts of remuneration accrued to the employee or when transferring them to relatives. The heirs, in turn, do not have income subject to taxation due to Article 217 of the Tax Code (clause 18).

Conclusion

The death of an employee while performing production tasks entails many negative consequences. Of course, this is a tragedy for the employee’s relatives. The position of the leader is quite difficult. As a rule, fatal accidents are the result of improper compliance with safety regulations and insufficient control on the part of the employer over the implementation of labor protection regulations. As mentioned above, the legal requirements for managers and other officials for violations in the field of TB and OSH. Equipment and production technologies are constantly being improved, equipment is becoming more complex and requires more attention and control. In order to avoid tragedies at the enterprise, management is obliged to ensure the safest possible working conditions.

Answer

we inform you the following: In connection with a fatal accident, relatives are paid:

One-time compensation;

Monthly compensation;

Compensation for moral damage.

The employer, at the request of a relative or loved one, pays compensation for moral damage (Article 151 of the Civil Code of the Russian Federation). At the same time, each of these persons has the right to independent compensation for moral damage, regardless of the volume and amount of moral damage paid in favor of another person (Definition Supreme Court RF dated October 4, 2013 No. 18-KG13-96).

For more details on this, see the materials in the justification.

The rationale for this position is given below in the materials of the “Occupational Safety and Health System” .

Article: How to pay compensation for an accident at work

« What payments are due for an accident?

Nowadays you rarely meet an employee who does not know what work injury he is entitled to compensation, even if it is just a bruise. Moreover, in some cases it will be the employer who will pay. Let's figure out under what circumstances and in what order compensation for an accident must be paid.

First and foremost important condition To receive compensation in the event of an accident at work, the victim must be insured by the Federal Social Insurance Fund of Russia. The employer automatically insures all employees employed under an employment contract. Personnel performing work under a civil contract or under a work contract are insured only if this is stipulated in the contract 1. Second prerequisite To obtain compensation, the employer must conduct an official investigation of the industrial accident and document its results.

The amount and types of compensation for an industrial accident directly depend on the severity of the injuries received. They are shown in the diagram*.

If during the investigation it turns out that the accident occurred due to the intent of the injured employee, then no payments will be awarded to him. The accident may also be caused by the gross negligence of the victim. Then the monthly insurance payment is reduced, but not by more than 25 percent.

From the diagram it is clear that for minor injury the employee is entitled to pay for the period of temporary incapacity for work - sick leave. Payment is made at the expense of the employer (for the first three days of temporary disability) and at the expense of the Federal Social Insurance Fund of Russia (for the entire remaining period of temporary disability) 2. The victim receives sick pay at his own enterprise. Its size depends only on the victim’s earnings and is 100 percent of the average salary. The Russian Social Insurance Fund takes into account the amount of payment for sick leave towards the payment of insurance premiums.

Upon receipt by the employee severe injuries 3, which, as a rule, leads to disability or permanent loss of ability to work, the employee receives payment sick leave, as well as one-time and monthly compensation from the funds of the Federal Social Insurance Fund of Russia.

In the event of the death of a victim in an accident at work, his relatives (dependents) receive lump sum payment and monthly compensation from the Federal Social Insurance Fund of Russia.*

How to make payments

Temporary disability benefit assigned and paid by the employer. Everything is simple here - you need to make sure that the investigation of the accident has been carried out and obtain a sick leave certificate from the employee. Temporary disability benefits are assigned within 10 calendar days from the date the employee provides sick leave. It is paid along with the next salary 4.

Don't try to hide even a minor accident. An agreement with the employee on an amicable resolution of the incident will not relieve the employer from liability. In addition to a fine of up to 10,000 rubles (Article 15.34 of the Code of Administrative Offenses of the Russian Federation), the organization will most likely face an unscheduled inspection of the GIT.

One-time And monthly payments workers injured at work and dependents of those killed are assigned and paid only by the executive bodies of the FSS of Russia. The employer does not make such payments, but is obliged to provide the insurer with the documents necessary to assign them 5 . Among them:

• report of an industrial accident;
• conclusion on the degree of loss of professional ability to work;
• a copy of the work book;
• a certificate of the employee’s average monthly earnings for the period selected for calculating monthly insurance payments.
• conclusion of a medical and social examination on the need for additional rehabilitation (if any).

The employee submits the documents along with the application to the regional branch of the FSS of Russia. If the injured employee or his relatives for some reason cannot collect necessary documents, then the company should help them with this.

The amount of lump sum insurance payments depends on the degree of loss of professional ability of the insured. It is determined by the institution of medical and social examination (MSE). If a worker dies at work, his dependents now receive compensation in the amount of 1 million rubles.

The amount of the monthly payment is determined based on the average monthly earnings of the victim. Average earnings are calculated for the previous 12 months of work that resulted in damage to health, up to the month in which the accident occurred or the diagnosis of an occupational disease was made. In the event of the death of an employee, insurance payments are received by his dependents 6 . The amount of monthly payment to dependents is also determined based on the average monthly earnings of the deceased. In this case, the amount due monthly payments divided equally among all who were dependent on the deceased.

Who will pay additional costs for employee treatment

As a rule, after an industrial accident, the victim has to undergo surgery, undergo treatment for a long time, and sometimes undergo rehabilitation courses. Such expenses after heavy injuries are paid from the funds of the Federal Social Insurance Fund of Russia. An exhaustive list of expenses that can be paid by the FSS of Russia is given in Article 8 of Federal Law No. 125-FZ of July 24, 1998. The employer may provide additional payments employee in local normative act. Also, at the expense of the funds of the Federal Social Insurance Fund of Russia, it is paid treatment victims after severe injuries received in an industrial accident.

But also for minor injury the victim may require expensive treatment and prosthetics. Only the employer can reimburse expenses for treatment of a minor injury (Article 22 of the Labor Code of the Russian Federation). But in this case, the employee is obliged to confirm the need for specific treatment and its cost.

Documents that can be accepted as evidence are:

• extract from the medical history with prescribed treatment;
• doctor's prescriptions for medicine;
• cash receipts confirming the cost of medicines or medical services provided.

If an employee decides to undergo treatment abroad, which may automatically increase the cost of treatment, he must also provide a medical justification for why the treatment could not be carried out in Russia. True, in practice it is difficult to imagine that any minor injury needs to be treated in a foreign medical clinic.

After the employee brings supporting documents, the employer reimburses his expenses. If the employer voluntarily does not want to pay for the treatment of the injured employee, then payments can be obtained in court.

Thus, if the employer regularly pays insurance premiums for workers, then the majority of payments in the event of an accident will fall on the shoulders of the FSS of Russia. The question of compensation for moral damage remains. Some employers pay it voluntarily. In this case, the amount of compensation is determined by agreement of the parties employment contract. If the employer refuses to compensate moral damage, then the employee has the right to go to court (Article 151 of the Civil Code of the Russian Federation).

Who can receive insurance benefits in the event of a fatal accident?

Who has the right to receive insurance payments for an employee if he died in an accident at work? Ekaterina GLUKHOVA (St. Petersburg)

In the event of the death of an employee, 7 * are entitled to receive insurance payments:

• disabled persons who were dependent on the deceased or who had the right to receive maintenance from him on the day of his death;
• a child of the deceased born after his death;
• one of the parents, spouse or other family member, regardless of his ability to work, who does not work and is engaged in caring for the deceased’s dependent children, grandchildren, brothers and sisters who have not reached the age of 14 or are recognized as needing someone else for health reasons care;
• persons who were dependent on the deceased and who became disabled within five years from the date of his death.”

Sincerely, Valentina Yakovleva,

System expert Lawyer

Answer approved by Alexander Polenkov,

leading expert of the Lawyer System