Serious complications due to loss of ability to work. Determination of the degree of permanent disability

A person’s ability to work is his ability to perform professional activities efficiently and fully. People devote most of their lives to their work. It begins with choosing a profession, studying and mastering it. Over the course of 30 - 40 years, a person develops his own and sells them in exchange for wages. This is considered work

Types of labor

Qualification of work ability implies the presence of several types:

Regardless of which one a person chooses, they have legal protection if partial or total disability occurs.

Causes of disability

Deprivation of the opportunity to fully perform work can occur due to an occupational or general illness. Common diseases include health problems that are not related to working conditions or the complexity of the profession. Most often, this is a person’s general ability to work, when he is not required to master a specialty for a long time or have any specific skills. The resulting illnesses are non-occupational in nature, but, nevertheless, the temporary loss of the opportunity to work is paid by the state or the employer in accordance with labor legislation.

The loss of professional ability of people is directly related to the risks of their specialty or any diseases acquired as a result of unfavorable working conditions. In this case, not only the Labor Law comes into force, but also the rules of life insurance against accidents at work.

Partial disability

Every person has the right to quality health care in the event of partial or total disability. The degree of disability and, accordingly, monetary compensation is determined by the attending physician or a commission. The amount of payments depends either on the insured event or is prescribed by law. Partial is the temporary inability of a person to perform his professional duties. In this regard, the percentage of the degree of disability is established, which is determined by the medical commission. It can be 10 - 30% of the previous level of performance, when the employee requires different working conditions or less output. The level of 40 - 60% is determined when a person can continue only with a significant reduction in the amount of work or a decrease in the level of qualifications. When an employee can perform work only under a complete change in conditions and not in full, the examination of work ability sets the level of loss of ability to work at 70 - 90%.

Payment for partial loss of performance

If an employee’s illness is of a general rather than professional nature, then he is issued and paid sick leave for the entire period of treatment.

Payment of sick leave is made in accordance with labor legislation.

In case of temporary disability, the state or the employer partially or fully compensates the employee for lost earnings due to illness.

• So, if an employee’s work experience is less than 5 years, then he receives 60% of the salary.
• With experience from 5 to 8 years - 80%.
• When the employee’s length of service is 10 years or more, the compensation will be 100% of the average salary.

Special list

According to the law, partial loss of ability to work by persons included in a special list is paid at the rate of 100%, regardless of their length of work. These include:

• war veterans and combatants;
• employees who support 3 or more minor children;
• wives or husbands of military personnel (this does not apply to conscripts);
• women who are granted maternity leave;
• former orphans and children deprived of parental care.

Partial disability involves temporary absence from work due to a general illness.

Complete loss of ability to work

If an employee has obvious impairments in the functioning of the body that are directly related to his professional activities, and he cannot continue to work under any conditions, he is assessed as having 100% loss of ability to work.

When such a person is injured at work or becomes incapacitated due to his professional activities, he is entitled to monetary compensation. The qualification of an employee’s ability to work is determined in accordance with the insured event or a special commission.

Complete loss of ability to work includes not only injuries and injuries sustained as a result of an accident, but also occupational diseases that prevent the employee from further engaging in his or her activities.

Occupational diseases

Diseases that a person received in connection with his professional activities are divided into two types:

• The former have partial or complete reversibility. They are treatable, and such loss of professional ability to work is most often associated with allergic manifestations or the initial stages of bronchitis and intoxication. Sometimes it is enough to change working conditions and undergo a course of treatment to fully recover. For the first group of people, there are preventive and treatment institutions where they can receive qualified help.

  

• The second group cannot be completely cured. These include occupational diseases such as pneumoconiosis, hearing loss, and severe forms of intoxication. The medical commission determines the degree of damage to the human body and decides to establish a disability group. Often such diseases are “overgrown” with side diseases that develop against the background of chronic manifestations. In this case, the disability group may change.

Workers of the second group should be provided with a referral for treatment to specialized clinics.

Registration of disability



The issue of assignment is considered only when a full examination of the employee’s ability to work has been carried out. Facts of contracting the disease in connection with professional activities or at the workplace are also checked. considers the issue of disability based on the conclusion of the medical commission and the current list of occupational diseases. According to existing guidelines, which consider the qualifications of workers’ ability to work, expressed as a percentage, the degree of its loss is established.

The first and second disability groups are awarded in the event of intoxication or injury in an accident. This group may also include workers whose occupational diseases have become irreversible or difficult to cure.

If a person has, along with work-related illnesses, other illnesses, then their exacerbation due to the impact of a “work-related” illness also falls into the category of occupational ones and can be considered as a basis for receiving disability.

In order to accurately determine the degree of workers’ ability to work, the expert must be a highly qualified specialist.

Compensation for health damage

In accordance with the physical or mental damage that the employee received during his work activity, he is awarded financial compensation in the amount provided for by labor legislation.

It is now common practice for employees to take out life insurance contracts in the event of disability. If an employee is partially unable to work, then he is paid a salary, compensation for medications and hospital care, and a one-time payment from the Social Insurance Fund.

If a certain disability rating is established as a result of severe injuries, the employee is paid monthly benefits, provided with appropriate medical care and given the opportunity to recover in a sanatorium.

on disability

In the event that an employee becomes disabled due to an occupational disease or in connection with and loses the ability to work fully, he is transferred to light work or a reduced day with compensation of wages. This applies to those with disability groups 1 and 2.

The third group is awarded in case of complete disability, when the employee can no longer perform his duties or retrain due to an industrial illness or injury.

The transition from one disability group to another is carried out on the basis of a medical examination.

The decision on the amount of sick pay, reimbursement for medicines and hospital treatment is made by the Social Insurance Fund, based on data provided by a forensic medical expert. According to the examination and determination of the degree of physical and moral damage to the victim, in the absence of his fault, the amount of compensation is assigned, as well as possible solutions for the rehabilitation of the patient. This applies to such measures as placing the victim in a specialized clinic, issuing a voucher to a sanatorium, and paying for psychologist consultations.

Payment through court

If an employee has become disabled due to his work activities, he has the right to monetary compensation for health and compensation for moral damage.

The issue of the amount of compensation is decided according to the conclusion given by the forensic expert. He checks the degree of mental disorder of the victim in connection with the incident and assesses the moral damage caused to him. You can also contact him if the employee does not agree with the disability group assigned to him by VTEK.



In this case, the employee files a claim against the employer or insurance company. You can win it only after receiving expert conclusions about the discrepancy between the assigned disability group or the amount of compensation and the mental and physical state in which the injured party is.

Re-examination of an employee who has lost his ability to work

There are deadlines for re-examination of the health status of workers who have lost their ability to work. This is done due to the fact that the disease can progress, and the deterioration of the physical health of the victim requires a different level of disability or compensation payments.

Re-examination takes place 6 months, a year or two after the first diagnosis. Typically this procedure takes place once a year. This does not apply to those workers whose illness is determined to be irreversible or whose injuries prevent them from continuing to work. Such people are assigned disability with lifelong pension payments.

You can undergo early re-examination if the patient’s condition has deteriorated sharply, which is confirmed by the medical commission. In this case, the Bureau of Medical and Social Expertise carries out an inspection and makes a decision based on the new results.

The employee also has the right to apply for an early check of his condition. In addition to the employee, an insurance company or employer can apply for re-examination if inconsistencies in the documents or forgery have been discovered.

Often a person finds himself in situations as a result of which he cannot fulfill the obligations assigned to him. The loss of an employee’s professional ability to work carries with it the consequences and amount of compensation payments. In our article we will consider the types of disability, the procedure for conducting an examination and other nuances relating to receiving payments.

Types of disability

The following types of disability are defined:

• General - performing simple functions that do not require qualifications.
• Professional - ability to work (the right of a subject to qualified activity in a certain profession).
• Special - a person’s qualification in a “narrow” specialty.
• Temporary - loss of ability to work occurs as a result of illness and injury that can be treated. It is divided into partial and complete.
• Persistent - a situation where the resulting injuries and injuries (or their consequences) cannot be completely cured.

Establishing the degree

Establishing the degree of loss of professional disability (LUC) as a percentage is carried out for persons who have suffered health damage as a result of an accident, a work-related injury or as a result of an occupational disease. For citizens who were injured while not performing their job duties, the level of UPT is established by MSEC institutions.

The degree of loss of professional performance is determined during a medical and social examination (MSE) based on the received documentation and information, personal examination of the citizen, based on the consequences of harm to health as a result of an industrial accident. Moreover, they take into account the professional abilities of the victim, his psychophysiological capabilities and work qualities, which allow him to further carry out work activities that precede the industrial injury and occupational disease, of the same content and in the same volume. Or taking into account a reduction in qualifications, a reduction in the volume of work performed and the severity of labor in ordinary, specially available production or other conditions. Expressed as a percentage and set between 10 and 100.

Criteria

The basic principle of establishing the degree of loss of professional ability of the victim is a combined analysis of medical and social criteria.

The first include a timely, complete clinical diagnosis, taking into account the severity of morphological changes, the nature and severity of the disease, the presence of decompensation and its stage, various complications, and the determination of long-term and short-term prognosis.

Social criteria include everything related to the professional activity of the victim: the characteristics of neuropsychic or physical stress, the organization, rhythm and frequency of work, the load on individual internal organs and systems, the presence of unfavorable working conditions.

Procedure

The examination of the victim at the ITU institution is carried out on the basis of the following regulatory framework:

It is carried out on the basis of an application from an employer, an insurance company, as determined by a judicial authority, or upon an independent application of the victim or his representative upon presentation of a report on an industrial accident, or a supporting document on an occupational disease.

The examination is carried out:

• at the ITU institution at the victim’s place of residence;
• at home, if the person, due to health reasons, is unable to come to the ITU institution or moves with the help of technical means (crutches, wheelchair, etc.);
• in the hospital where the citizen is being treated.

The victim is referred to a medical examination to determine the degree of UPT by the organization providing assistance after rehabilitation, diagnostic and therapeutic measures. In this case, a persistent violation of body functions in the event of an accident at work or occupational disease must be established.

In some situations, before signs of permanent loss of professional ability are identified, i.e. during the period of treatment, the citizen is sent for an examination to determine the need for certain types of rehabilitation.

Expertise

The percentage of loss of general ability to work is measured relative to the persistent consequences of the damage caused. To calculate this indicator, a forensic medical examination is carried out on the basis of regulatory documentation, namely the table of permanent loss of general ability to work as a percentage, which is an appendix to Order No. 194n. It establishes criteria for approving the extent and severity of harm that caused harm to human health. Based on it, a specialist who determines the percentage of loss of general ability to work identifies the damage caused to human health and the corresponding amount of loss.

Serious harm to health includes injuries, illnesses, as well as pathological conditions that entailed a significant permanent loss of general ability to work by at least 1/3 (insignificant - in the amount of 5%).

An examination to determine the percentage of loss of general ability to work is carried out only by court determination. During these activities, the specialist takes into account all the materials of the case. The duration of the ITU is 3 working days, when completing an additional examination - no more than 45 working days.

Compensation and benefits

Disability benefits are compensation to an employee for earnings that he lost due to illness or other reasons.

Subjects who, due to an injury or acquired occupational disease, are unable to perform work activities can count on compensation. They have the right to receive cash payments at their place of work for 30 days from the date of loss of ability to work.

The amount of the benefit depends on the time worked. Its maximum value is 100% of wages.

Disability and degree of disability

In each specific case, disability, or permanent loss of ability to work, may appear due to:

• general illness;
• occupational disease;
• work injury;
• disability since childhood.

If, within one year from the moment of the accident, an irreversible deterioration in the mental or physical condition of the insured (disability) occurs as a result, then he is paid compensation in the form of a certain amount, the amount of which depends on the degree of disability. Disability is determined by a doctor within 3 months after a year after the accident, which must be declared to the insurance company in the prescribed manner.

An experienced lawyer will help restore violated rights and achieve benefits provided by law. The specialist will contact the employer or the judicial authority directly. On our portal you can get reliable information about the amount and procedure for compensation. To do this, you should report your problem and get advice online or by phone.

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If you are injured at work or have an occupational disease, you have the right to benefits or compensation. Who will receive how much or not at all will be decided by the institution of a medical and social examination according to the new rules, which were recently signed by Prime Minister Mikhail Kasyanov.

Who is better to be - sick or healthy?

Conditions are getting tougher

A friend of mine once decided to jump from a parachute. As a result, he landed unsuccessfully and broke both legs. When the private company where he worked learned about what had happened, they decided to pay for the operation free of charge. A few months later, he left the hospital and sued the management of the unfortunate company to receive compensation for an injury at work. The parachutist lost the case and was also fired from his job. The story is instructive, but that’s not the point. Those rules that existed before pitted the employee and the employer head-on. The former always tried to attribute any bruise to a work injury, and the latter refused to recognize people without an arm or leg as disabled. And all because the employer had to pay for treatment and compensation. Now this function is taken over by the Social Insurance Fund.

Another key point: the new rules more clearly spell out in which cases disability is established and in which it is not. “It used to be like this,” says Elena Andreeva, deputy head of the department of labor relations of the Ministry of Labor, “a person, having graduated from a technical school, received, for example, a diploma as a plumber. But for the last 10 years he worked in a company, sitting on a home phone. And then he breaks his leg and demands compensation because he is a mechanic by profession and cannot work. But this has nothing to do with his current occupation: he is quite capable of performing his duties while sitting at home." So now compensation will be paid in relation to the job in which the victim is currently located.

In ordinary cases (fracture, sprain, etc.) this is 15% of the salary. If a person cannot work at all, he will receive 100%. If the injury is so serious that the employee will now have to limit his activities, it is realistic to receive from 40% to 90%. How much exactly will be determined by a medical and social examination.

Appeal if possible

According to the new rules, it turns out that people who become disabled in the workplace will receive less. Previously, the victim was paid a salary, a pension and compensation for the amount of damage. Now it will only be a pension and, if necessary, payment for treatment.

Depending on how badly you were injured, the Ministry of Labor, the Ministry of Health and the Social Insurance Fund will decide whether you need treatment in a sanatorium, surgery, retraining for a new specialty or not. If it decides that it is necessary, the Social Insurance Fund will pay.

In addition, another significant change was made to the rules: now the victim and the insurer will have equal conditions to appeal their position. That is, previously an employee could demand compensation, but the one who had to pay it to him could not. Now they can sue each other. By the way, in addition to the court, you will also be heard at the Main Bureau of Medical and Social Expertise and the local department of social protection. The Bureau even set a strict deadline for making a decision - a month from the date of receipt of the application.

And the last thing many of us will now have to put up with. As you know, some people are not enough for one salary and have to work part-time in several places. So, if a person is injured, then he applies for compensation for all, say, three jobs. On one it turns out to be 60%, on the other - 40%, on the third another 40%. As a result, it turns out that, having become disabled, he receives more than when he was healthy. Now officials have introduced a restriction: no matter how many jobs the victim has, he should receive no more than 100% compensation in total.

The latest rules on this subject were issued in 1994. It is unknown how long the new document will last. Wait and see.

RULES FOR ESTABLISHING THE DEGREE OF LOSS OF PROFESSIONAL WORK CAPACITY AS A RESULT OF WORK ACCIDENTS AND OCCUPATIONAL DISEASES

I. General provisions

1. These Rules determine the procedure for establishing by medical and social examination institutions the degree of loss of professional ability for persons who have suffered health damage as a result of industrial accidents and occupational diseases (hereinafter referred to as victims).

2. The degree of loss of professional ability to work is established as a percentage at the time of examination of the victim, based on the assessment of the loss of ability to carry out professional activities due to an industrial accident and occupational disease, in accordance with the criteria for determining the degree of loss of professional ability to work, approved by the Ministry of Labor and Social Development of the Russian Federation according to in agreement with the Ministry of Health of the Russian Federation and the Social Insurance Fund of the Russian Federation.

3. Simultaneously with establishing the degree of loss of professional ability to work, the institution of a medical and social examination, if there are grounds, determines the need of the victim for medical, social and professional rehabilitation, and also recognizes the victim as disabled.

4. The examination of the victim is carried out in a medical and social examination institution at the place of his residence or at the place of attachment to a state or municipal medical and preventive health care institution (hereinafter referred to as a health care institution).

If, in accordance with the conclusion of a health care institution, the victim cannot come to the medical and social examination institution for health reasons, the examination can be carried out at home or in a hospital where the victim is being treated.

5. The medical and social examination institution is obliged to familiarize the victim in a form accessible to him with these Rules.

6. For citizens who were injured while not performing their work duties, the degree of loss of professional ability to work is established by forensic medical examination institutions.

II. Examination of victims

7. An examination of the victim in a medical and social examination institution is carried out on the basis of an application from the employer (insured), the insurer, by a ruling of the court (judge) or at the independent request of the victim or his representative when submitting a report on an industrial accident or a report on an occupational disease.

8. The employer (insurer) submits to the medical and social examination institution the conclusion of the state examination body of working conditions on the nature and working conditions of the victims that preceded the industrial accident and occupational disease.

9. The health care institution carries out the necessary diagnostic, therapeutic and rehabilitation measures and, based on their results, issues a referral to the victim to a medical and social examination institution for examination to determine the degree of loss of professional ability. The referral contains data on the victim’s health status, reflecting the degree of dysfunction of organs and systems, the state of the compensatory capabilities of his body and the results of the treatment and rehabilitation measures taken.

In some cases, before identifying signs of permanent loss of professional ability in a victim, a health care institution may refer him to a medical and social examination institution to determine the need for certain types of rehabilitation.

10. If it is necessary to conduct an examination using special techniques or equipment, to obtain additional data, the medical and social examination institution sends the victim for additional examination to a medical, rehabilitation or other institution, requests the necessary information, carries out an examination of the victim’s working conditions, his social and living conditions and accepts other measures.

11. If the victim refuses additional examination, an expert decision on the degree of loss of professional ability to work is made on the basis of available data, about which a corresponding entry is made in the examination report of the victim.

12. Based on the received documents and information, personal examination of the victim, the degree of loss of his professional ability to work is determined, based on an assessment of the victim’s professional abilities, psychophysiological capabilities and professionally significant qualities that allow him to continue to perform professional activities preceding the industrial accident and occupational disease, the same content and in the same volume, or taking into account the reduction of qualifications, the reduction in the volume of work performed and the severity of labor in ordinary or specially created production conditions.

Specially created production conditions mean the organization of work in which the victim is given a shortened working day, individual production standards, additional breaks at work, appropriate sanitary and hygienic conditions are created, the workplace is equipped with special technical means, systematic medical supervision and other measures are carried out.

13. An expert decision on the degree of loss of professional ability to work is made in the presence of the victim by a simple majority vote of the specialists who conducted the examination.

14. If the victim has a complete loss of professional ability to work due to a pronounced impairment of body functions in the presence of absolute contraindications for performing any type of professional activity, even in specially created conditions, the degree of loss of professional ability to work is established at 100 percent.

15. If the victim, due to a pronounced impairment of body functions, can perform work only in specially created conditions, the degree of loss of professional ability to work is established from 70 to 90 percent.

16. If a victim as a result of an accident at work and an occupational disease can, under normal production conditions, continue his professional activities with a pronounced decrease in qualifications or with a decrease in the volume of work performed, or if he has lost the ability to continue professional activities due to a moderate impairment of body functions, but can in normal in production conditions to perform professional activities of lower qualifications, the degree of loss of professional ability to work is established from 40 to 60 percent.

17. If the victim can continue his professional activity with a moderate or slight reduction in qualifications, or with a decrease in the volume of work performed, or with changes in working conditions that entail a decrease in earnings, or if the performance of his professional activity requires more stress than before, the degree of loss is established professional work capacity from 10 to 30 percent.

18. The degree of loss of professional ability to work in case of repeated industrial accidents and occupational diseases is determined at the time of examination for each of them separately, regardless of whether they occurred during the period of work for one employer or different employers, taking into account the professional knowledge and skills of the victim and generally cannot exceed 100 percent.

19. When re-examining the victim after rehabilitation measures, specialists from the medical and social examination institution, when establishing the degree of loss of professional ability to work, take into account damage to health due to an industrial accident and occupational disease, the ability to perform work in the profession acquired as a result of training or retraining, the ability of the victim to perform professional activity preceding an industrial accident and occupational disease, taking into account his existing professional knowledge and skills.

In case of evasion (refusal) of the victim from carrying out recommended rehabilitation measures, the question of the degree of loss of professional ability to work is considered taking into account the ability to perform any work activity.

20. When establishing the degree of loss of professional ability of the victim, the need of the victim for medical, social and professional rehabilitation is determined.

21. The conclusion of a medical and social examination institution on the need for medical, social and professional rehabilitation is drawn up taking into account the potential capabilities and abilities of the victim to carry out professional, household and social activities and is formalized in the form of a rehabilitation program for the victim as a result of an industrial accident and occupational disease.

The rehabilitation program for the victim determines the specific types, forms, volumes of necessary rehabilitation measures and the timing of their implementation.

The rehabilitation program for the victim is drawn up within one month after the expert decision is made in a form approved by the Ministry of Labor and Social Development of the Russian Federation in agreement with the Ministry of Health of the Russian Federation and the Social Insurance Fund of the Russian Federation.

22. The data from the examination of the victim and the expert decision are entered into the minutes of the meeting and the certificate of examination of the victim, which are signed by the head of the medical and social examination institution, the specialists who conducted the examination, certified by the seal of this institution and, along with all medical documents, are stored for 10 years in the specified institution.

23. The results of the examination are announced to the victim in a form accessible to him by the head of the medical and social examination institution in the presence of specialists who made the expert decision. The specialists who made the expert decision provide explanations to the victim or his representative.

24. A certificate from the medical and social examination institution on the results of establishing the degree of loss of professional ability to work, and, if necessary, a rehabilitation program, is issued to the victim against signature.

25. An extract from the examination report indicating the results of establishing the degree of loss of professional ability and the rehabilitation program for the victim are sent to the employer (insurer) or insurer within 3 days after their execution, and are also issued to the victim if the examination was carried out at his request.

III. Re-examination of victims

26. Re-examination of the victim is carried out in the manner established to determine the degree of loss of professional ability to work as a result of industrial accidents and occupational diseases.

27. The period for re-examination of the victim when determining the degree of loss of professional ability to work is established after six months, one year or two years based on an assessment of the victim’s health status and the forecast for the development of his compensatory and adaptive capabilities.

The degree of loss of professional ability of the victim is established indefinitely in the event of irreversible consequences of health damage due to an industrial accident and occupational disease with a persistent impairment of professional abilities and the ability to perform production activities.

28. If the victim misses the deadline for the next re-examination, the degree of loss of professional ability for the missed period is established if there is a referral from the employer (policyholder), insurer or a court (judge) order.

29. Re-examination of the victim earlier than the deadlines specified in paragraph 27 of these Rules is carried out in the event of: a change in the health status of the victim in the presence of a referral from a health care institution or a personal appeal of the victim or his representative to a medical and social examination institution and medical documents confirming this change; identifying facts of an unreasonably made decision (including based on forged documents) or an appeal by the victim, employer (insurer), or insurer of the decision of the institution of a medical and social examination in the prescribed manner.

30. The medical and social examination institution conducts an examination in order to dynamically monitor the implementation of rehabilitation measures to assess their effectiveness within the time frame established by the victim’s rehabilitation program.

IV. Appealing the decision of the medical and social examination institution

31. The victim, his representative, employer (insurer) or insurer, in case of disagreement with the decision of the medical and social examination institution, may appeal it by submitting a written statement to the institution that examined the victim, or to the main bureau of medical and social examination, or to the social authority protection of the population of a constituent entity of the Russian Federation.

The Bureau of Medical and Social Expertise, which examined the victim, sends this application with all documents to the main Bureau of Medical and Social Expertise within 3 days from the date of receipt of the application.

32. The Main Bureau of Medical and Social Expertise, within a month from the date of receipt of the application, conducts a re-examination of the victim and makes a decision based on the results obtained.

The decision of the main bureau of medical and social examination can be appealed within a month to the social protection body of the population of the constituent entity of the Russian Federation, which can entrust the re-examination of the victim to another group of specialists of the required profile of the specified institution.

33. The decision of the institution of medical and social examination can be appealed to the court in the manner established by the legislation of the Russian Federation.

DECREE OF THE GOVERNMENT OF THE RUSSIAN FEDERATION of October 16, 2000 N 789 ON THE APPROVAL OF RULES FOR ESTABLISHING THE DEGREE OF LOSS OF PROFESSIONAL CAPACITY AS A RESULT OF WORK ACCIDENTS AND OCCUPATIONAL DISEASES

In accordance with the Federal Law “On Compulsory Social Insurance against Industrial Accidents and Occupational Diseases” (Collected Legislation of the Russian Federation, 1998, No. 31, Art. 3803), the Government of the Russian Federation decides:

1. Approve the attached Rules for determining the degree of loss of professional ability to work as a result of industrial accidents and occupational diseases.

2. The Ministry of Labor and Social Development of the Russian Federation, in agreement with the Ministry of Health of the Russian Federation and the Social Insurance Fund of the Russian Federation, approve:

criteria for determining the degree of loss of professional ability to work as a result of industrial accidents and occupational diseases;

form of a rehabilitation program for a victim of an industrial accident or occupational disease.

3. The Ministry of Labor and Social Development of the Russian Federation and the Ministry of Health of the Russian Federation provide the necessary clarifications on issues related to the application of the Rules approved by this resolution.

4. Recognize as invalid Resolution of the Government of the Russian Federation of April 23, 1994 N 392 “On approval of the Regulations on the procedure for establishing by medical and labor expert commissions the degree of loss of professional ability in percentage to workers who have received injury, occupational disease or other damage to health associated with the performance of their labor duties" (Collected Legislation of the Russian Federation, 1994, No. 2, Art. 101).

Chairman of the Government of the Russian Federation M. KASYANOV

A workplace accident sometimes results in serious consequences for a worker's physical and/or emotional health, and in some cases, the result can be permanent disability. Payment for the medical care required by the employee, as well as a set of measures for subsequent rehabilitation, is financed directly by the enterprise.

Injuries that qualify as work-related injuries often occur during:

• performance of direct official duties;
• a staff member being on a business trip;
• overtime, lunch breaks, on the way to or from work.

The manager’s responsibilities include not only financial compensation for all costs of restoring the victim’s health, but also payment of the required benefits, and in addition to this, other stipulated costs, such as compensation for loss of ability to work. Calculations should be made in accordance with current regulations, as well as local federal requirements.

Determination of the degree and type of disability

Proper execution of the entire package of documents is the key to ensuring that the employer will avoid serious legal consequences in the future for violating labor laws. An exhaustive list of work-related injuries is contained in Art. 227 of the Labor Code of the Russian Federation.

In case of loss of ability to work, the following degrees of consequences are distinguished:

• temporary;
• constant;
• partial;
• complete.

By definition, ability to work means the totality of all available intellectual, as well as psychophysical properties and abilities of the human body. This means that a citizen is able to perform a certain activity to the extent that is expected from a representative of a particular profession.

For this reason, there are three types of readiness to cope with the task:

• general degree;
• professional level;
• special ability to work.

In the first case, we are talking about the ability to cope with any unskilled work, and in the second, to work as a specialist in a particular profession. A special type requires the presence of special skills and health in order to perform specific tasks in special conditions for the performance of their duties. The above options for the degree of disability are often calculated as a percentage of the maximum possible level.

Consequences of disability at work

Additional classification, when loss of ability to work occurs at work, provides the following distinctions based on important characteristics:

• labor production activity;
• maintaining a specific degree of working fitness;
• the likelihood of full recovery of physical health.

When a persistent or permanent loss of general and professional ability to work is determined, then this affects the determination of the severity of the harm caused to the injured employee. Correct and objective determination of the degree of loss of performance allows you to entrust a specialist with a task that he is able to cope with without damage, as well as negative consequences for his physical well-being.

In addition, permanent disability, regardless of whether it is permanent or temporary, entails the assignment of a degree of disability. For this reason, the victim may face a number of legal circumstances. These include:

• full/partial suspension from production activities;
• referral for professional retraining in another specialty;
• assignment of pension or additional security in the form of regular benefits;
• accrual of various social benefits designed to maintain a decent quality of life.

Loss of ability to work at work

Loss of temporary ability to work at work indicates that the victim’s condition will improve over time or be restored to its original level. Occupational diseases are the most common cause of partial professional incompetence. When the disease becomes chronic and cannot be cured, the employee becomes completely unfit to cope with job responsibilities, which entails the registration of a disability group.

Complete loss of professional ability to work is associated with severe psychological consequences for an employee of an enterprise. The lawyers of the Legal Resolution Company are ready to lend a helping hand to ensure adequate protection of the rights of the victim. The interests of the client will be fully respected, and compensation for harm caused to the emotional and physical health of the citizen will help, at least partially, restore justice.

Ability to work is the ability of a citizen to perform professional duties of adequate quality and scope. Cessation of activity due to illness or accident is called loss of ability to work.

Loss of ability to work

A citizen cannot work due to health problems. Such an inability is defined as loss of ability to work. Leads to this:

1. Acquired acute and chronic diseases;
2. Congenital anomalies;
3. Pathologies resulting from trauma;
4. Morbidity associated with professional activities.

There are the following types of disability:

1. General and professional – depends on the type of employment;
2. Temporary and permanent - depending on the duration of the disease;
3. Partial or complete - depending on the severity of the violations.

Persistent or permanent

A condition of the body in which there is a long-term dysfunction and the impossibility of complete recovery is called permanent disability. This concept is equivalent to the term disability.

The causes of permanent loss are:

1. Chronic pathology;
2. Congenital anomalies and hereditary diseases;
3. Consequences of injuries, accidents and poisonings associated with production.

If the prognosis for professional activity and health is unfavorable, a referral is given from the clinic where the patient is served to a meeting of the territorial bureau of medical and social examination (MSE) for examination.

Do you have any restrictions on your work?

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Yes, but I continue to work 18%, 3 vote

05.12.2018

Temporary

A condition when a violation of body functions due to illness or injury does not allow one to start working in a relatively short period is a temporary loss of ability to work. Under the influence of medical measures, it is reversible. A sick leave certificate is issued temporarily for the period of treatment. It is required for:

1. Official confirmation of the employee’s absence.
2. Ensuring payments.
3. Analysis of the causes and duration of incapacity for work at the medical site, in the organization.

Partial

Completely or partially lost body functions are observed with temporary or permanent disability.

The victim is unable to perform job duties for a relatively short time. But due to the severity of the illness, he is not released from work, but is transferred to easier work within the organization. This is a partial disability.

“The treatment room nurse suffered damage to the tendon of her left thumb. She cannot undergo procedures for 21 days, but her health condition allows her to be seen at the clinic. After complete recovery, the specialist will be transferred to his previous position.”

With a persistent partial loss, the employee is unable to work as usual. Therefore, on the recommendation of a medical commission, the employer reduces qualifications or changes working conditions, reducing stress and length of the day.

“Regarding the amputation of a finger on a machine, the mechanic was assigned a disability group. The victim is unable to perform professional duties due to the injury received. But a worker can do easier work in the same factory.”

Such a change in activity leads to deskilling and a decrease in earnings, but has a favorable labor outcome.

Full

This type implies the impossibility of performing any work.

With complete temporary loss, a positive outcome of the disease is observed. The patient is given a bulletin until the moment of final recovery, then the employee begins his professional duties.

“An accountant of an organization is hospitalized in a hospital with acute appendicitis for emergency surgical treatment. The specialist completely loses the ability to work, but for a short period of time – 10 days. The patient is given a bulletin, and after recovery she resumes her previous activity.”

Complete permanent loss, on the contrary, has an unfavorable prognosis in terms of treatment and work. In such cases, a disability group is established with a contraindication to work.

“The patient has a pancreatic tumor for which he is receiving appropriate therapy. Failure to cure is the reason for referral to the ITU for examination in a group. The severity of the condition is a contraindication to any work.”

Restrictions on work

The regulations on the purpose of disability define the main categories of human life. In addition to labor, there are 6 more categories:

1. Self-care;
2. Moving without assistance;
3. Orientation in space and time;
4. Communication with others and strangers;
5. Control of your behavior;
6. Learning skill.

Each of them, after causing harm to health, has limitations to varying degrees. With a particular disease, there are disturbances in only one or several areas at once.

“A patient suffering from a mental illness exhibits changes in almost all categories with the exception of independent movement. The following problems are logged:

1. Cannot take care of himself;
2. Not oriented in space and time;
3. Difficulties in communicating with family and others;
4. Cannot control actions, conversation, movements;
5. Due to decreased intelligence, does not learn;
6. Unable to perform basic activities."

Depending on the severity of the violations, the categories have 3 degrees.

Easy – there are restrictions on the main profession. But if qualifications, volumes, or complexity change, it is possible to continue the work experience.

Average - there is permission to work with the help of strangers and with the use of auxiliary devices.

Extreme degree of severity - a citizen is unable to perform the simplest work or is prohibited from working because there are contraindications due to significant changes in health.

In the ITU conclusion, the disability group, established contraindications, and conditions for work activity are indicated. Disability groups have different restrictions.

“The patient was assigned to a group with 1 degree of labor restriction. This means that work is allowed, but the working conditions or tension must be changed.”

General

General ability to work is understood as performing simple work that does not require special qualifications. Impaired health status due to a pathological process due to which a person cannot go to work and perform official duties is called permanent loss of general ability to work.

An opinion on this type of loss is given by doctors from the Forensic Medical Examination Bureau. During expert actions, the condition of the victim is established and the relationship with the incident is identified. Carry out to evaluate and determine:

1. Consequences of transport accidents;
2. Level of damage in case of industrial injury;
3. Harm during attack;
4. Unintentional actions of medical personnel and other persons.

Examination by experts is ordered only at the request of the court.

How is the degree of disability determined?

The degree of loss of professional ability to work is established as a percentage. This type of loss is registered when an employee of a certain specialty, after an occupational illness or injury at the enterprise, is unable to further perform professional duties.

The function of determining the degree belongs to the ITU regional offices on the basis of legislative acts of the Russian Federation.

In cases of temporary disability, the degree is assessed by a commission at a medical institution. Includes:

1. Deputy Head for Clinical Expert Work – Chairman of the Commission;
2. Heads of departments;
3. Doctors are specialists.

Registration of incapacity for work

An official document confirming the temporary fact of inability to work - a sick leave certificate. The responsibilities for registration lie with the attending physician of the medical institution where the patient is observed. The doctor alone issues a document for half a month. If necessary, the ballot is extended for a meeting of the medical commission where the patient is referred.

Depending on the severity of the disease, a citizen is on sick leave for up to 10 months, and for certain pathologies up to a year.

According to the conclusion of the chairman of the commission, a patient with persistent health problems and a negative prognosis in clinical and labor aspects is sent for examination to the ITU bureau.

During the examination, the citizen is assigned a disability, and a group is determined depending on the severity of the disability.

Required documents

The patient for the commission meeting at the ITU must arrive on time and have in hand:

1. Passport or other identification document, original and copy.
2. Extract from the medical history, registration form No. 027/у. Issued at the medical institution at the place of observation.
3. Referral to medical examination by a medical organization providing treatment and preventive care, registration form No. 088/u-06.
4. Sick leave.
5. For working citizens, a copy of the work record book, certified by the personnel department at the place of work.
6. Card of a patient receiving medical care on an outpatient basis, registration form No. 025/u.
7. Help with information about working conditions.
8. If a citizen is sent for re-examination, then a copy of the previous ITU conclusion.
9. Certificate of pension insurance, copy and original.

Competent authorities

Registration of temporary loss is the responsibility of a medical institution that has a license to operate and examine disability. To extend sick leave, a meeting of the medical commission is held.

Permanent loss is registered by regional bureaus of medical and social examination at the patient’s place of stay. To challenge the decision to award disability and group, citizens should contact the ITU Main Bureau for the subject or the Federal Authority for Russia.

During legal proceedings and assessment of general disability, documents are submitted to the territorial department of the Bureau of Forensic Medicine at the place of residence.

Percentage of disability

The loss of general and professional ability to work is assessed using special tables as a percentage of the initial level of ability to work. The examination is carried out by specialists from the bureau of medical, social and forensic medical examination.

Complete loss is 100% and is registered with persistent dysfunction.

The interval from 70 to 90% corresponds to significant disability. In these cases, it remains possible to perform work only under special conditions.

If the victim works under normal conditions, but with a decrease in his qualifications or intensity, this is a minor degree of impairment, equal to a decrease in working capacity from 40 to 60%.

From 10 to 30% – minimal decrease in working capacity. The victim continues to work in the same place, but with a reduction in working hours.

Payments and benefits

Depending on the type of disability, a citizen has social security.

Sick leave pays the average salary at the place of employment. The patient retains his position.

Registration of disability entitles you to the following benefits:

1. Receiving free qualified medical care.
2. Free rehabilitation.
3. Preferential drug provision.
4. Compensation for housing and utility costs in the amount of 50%.
5. Job guarantee.
6. Annual paid vacation.
7. Shortened working hours for disabled people of the first and second groups.
8. Additional payments to Chernobyl victims - liquidators of the Chernobyl nuclear power plant.
9. Payment of pensions, benefits, insurance amounts.

Conclusion

If a person has a registered case of disability, then, depending on the type and degree of dysfunction of the body’s functions, the state guarantees the receipt of free medical care, rehabilitation and special benefits.