How do I file a work-related injury at work?

2.Initiate referral of the injured person to a medical facility. Even with a minor bruise this is a must, because a work-related injury can affect you in the future. On the basis of the conclusion made in the hospital the further investigation of the case is built.

3.If there is a threat to life or health of other employees, it is necessary to evacuate and notify the appropriate structures: Emergencies Ministry, fire department, police, etc.

4.Regardless of the severity of the received damage to the health of the employee, after an occupational injury, the organization must record all the circumstances of the incident, draw up a protocol from the words of witnesses. It is possible to video or photograph the place of the accident.

5.The company-employer Nunez law firm must create a commission to investigate the accident at work, including representatives: the employer, state labor inspectorate, police, Ministry of Health, prosecutor's office (if the result of the accident was the death of an employee). In case of non-compliance with the established actions, the employee or his/her close relative can file a complaint against the employer indicating all the violations.

Work-related injury on the way to work:

   Sometimes an employee may be involved in a situation that harms his or her health while on the job, but outside the workplace. This can also be a work-related injury. What should an employer do in such circumstances? First of all, the fact that the accident is indeed a workplace injury is established. After that, the procedure is the same: a commission is convened and an investigation is conducted.

How to prove an occupational injury?

   A person can get injured in any place and at any time (at lunch, during work, on a business trip). It's important to understand that not all injuries are considered work-related. It will be so only if it occurs under certain conditions. Such as:

performance of work duties;

Implementation of instructions from the management;

On the way to the place of work;

During lunch or a break arranged by the management of the company;

On a business trip and on the way to the place of business;

When carrying out other activities resulting from the work function.

  

 It is necessary to know that in order to qualify an accident as an industrial accident, two grounds are necessary, viz:

1.the injury was sustained during working hours;

2. the performance of actions arising from the employment relationship with the employer or performed in the interest of the employer.

   These grounds are exhaustive. Accordingly, in order to prove that the injury was sustained at work, it is necessary to prepare a series of documents and perform certain acts confirming that the employee was injured at work, during working hours and in the performance of his or her duties.

   It is not uncommon for employers to fail to follow established procedural procedures when a workplace accident occurs, and sometimes even try to hide the fact of the accident.

The employee's first course of action when he or she is injured:

-One must contact the employer in writing about the injury and the need for an investigation;

-Record injuries in medical institution;

   Without the above-mentioned actions further to the worker it will be difficult to prove the industrial trauma. It is important to know that in case of an accident you should by no means finish your shift and keep silent about your injuries.

   If the employer refuses to recognize that the injury is an industrial injury, then you should apply in writing to the labor inspectorate. The application must be accompanied by documents that directly or indirectly relate to what happened (e.g. certificates, photographs, written explanations from witnesses, sick leave, etc.).

   In addition, you can file a statement of claim in court for the recognition of the fact of the employment injury and the appointment of the relevant payments. Evidence at the hearing will include witness statements, certificates, medical reports, photographs and video recordings.

Report this Page