Payment and calculation of sick leave for a domestic injury

19.06.2019

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6 min.

Injuries are a negative phenomenon that occurs both in everyday life and in the production process. Receiving injuries leads to a temporary state of disability. When this happens, after the victim contacts the doctor, a supporting document is drawn up. The specialist prescribes the required course of therapy or decides to hospitalize the victim.

What is a domestic injury?

Many people often confuse home and work injuries. According to the official definition, an industrial injury is considered to be an injury received in the course of work. In this case, sick leave is paid at 100%, regardless of length of service.

Domestic injuries include other injuries received outside the enterprise - they cannot be classified as accidents at work. The concept of this type does not appear in the Labor Code of the Russian Federation.

An injury may be considered work-related if:

• Damage to health occurred at the workplace or during a break, on a business trip or while following the instructions of the employer;
• Damage to health was caused in the intervals between work activities when working on a rotational basis on ships, aircraft and other vessels;
• When moving to a place of work, if a person or group of people was transported by a company car;
• While traveling to carry out official assignments, if the injury was sustained on the way;
• During the period before or after work, if at that time the employee was preparing work equipment to perform his functions.

Expert commentary

Kamensky Yuri

Lawyer

An incident cannot be classified as an accident if a suicide occurs at work. Also, receiving injuries during the commission of a criminal offense or as a result of alcohol or drug abuse does not fall under this qualification.

Let's consider the difference between domestic injuries and industrial injuries:

In some cases, employers refuse to recognize injuries as work-related. Citizens with such a problem should contact the State Labor Safety Inspectorate with an application to organize an inspection.

Important! Sick leave for a domestic injury must be paid, unless it is established that the citizen intentionally injured himself or violated the treatment regimen. In these cases, payments may be reduced.

Content

• What is the difference between a domestic injury and an industrial injury?
• How is sick leave paid for a domestic injury?
• Sick leave period for a domestic injury
• Codes on sick leave
• When do you need to give sick leave to your employer?
• Is it possible to receive benefits after dismissal?
• Is it possible to obtain recognition of a work injury after the fact?

When hiring an employee, the employer is obliged to insure him in case of temporary disability by making insurance contributions to the Federal Tax Service. This justifies itself if an employee goes on sick leave due to a domestic injury.

In 2022, the FSS still retains the function of accepting “injury” fees, which also allows the employer to insure its employee against accidents. In this article, we will talk about domestic trauma and its distinctive features.

Sick leave period

By law, an employer does not have the right to limit the time an employee can spend on sick leave. However, there are certain standards according to which a doctor can prescribe a sheet for no more than 15 calendar days. If the patient has not recovered during this time, the extension is made by decision of the medical commission.

Immediately after the first visit to the doctor, the employee is recommended to notify the manager about the opening of sick leave. Despite the fact that the Labor Code of the Russian Federation does not contain this obligation, even a single absence from the workplace for more than 4 hours in a row can be qualified as absenteeism, and then the citizen will have to prove his case.

If treatment takes place in a hospital, the maximum duration is also 10 days. The period may be extended by the conclusion of the medical commission if the patient is in serious condition and the provided time is not enough for a complete recovery and restoration of working capacity.

For example:

Citizen Matvienko O.N. While washing a window in his apartment, he fell inside and broke his leg. He immediately went to the emergency room, where he received medical care.

Deadlines for providing sick leave

The certificate of incapacity for work must be submitted within six months after closure.
If you do not meet this deadline, it will automatically be canceled and you will not be able to receive payments for it. The doctor opened a sick leave, and after 10 days, by decision of the medical commission, it was extended. The total duration of the disease was 4 months. After recovery, he contacted his employer with a certificate of incapacity for work, and after 10 days he received all payments.

Is it possible to obtain recognition of a work injury after the fact?

There are often cases when the victim, in order not to embarrass the employer, initially agrees to admit a domestic injury, although he was injured at work.

For example, an employee slipped and fell on the sales floor. He developed pain in his ankle and consulted a doctor. The doctor fixes the sprain. The employee agrees to the code “domestic injury” on the sick leave certificate, since he considers the leg injury to be insignificant. But over time, the condition of the ankle worsens and systematic treatment is required.

What should an employee do in this case? Solution: look for witnesses to his fall at the workplace, write a statement to the director of the enterprise to review the type of injury, appoint an investigation and a commission. The employee's goal is to receive 100% of the benefit payment and payment for additional treatment.

How is sick leave paid for a domestic injury: calculation procedure

According to Federal Law No. 255, domestic injury is an insured event, therefore, the employer must calculate the benefit. For the first 3 days, the money is compensated from the company’s funds, the rest of the time - from the Social Insurance Fund.

The amount of the benefit depends on the length of service:

What you need to do to calculate:

1. Determine the average daily earnings for the last two years. Circumstances in which the citizen did not work but received a salary are deducted from this period.
2. Average earnings multiplied by the number of sick days. Subtract interest from the result obtained according to the length of service.

Important! The maximum amount of one paid sick day is 2,150.68 kopecks. If the amount is higher, the specified value is used. There is also a limit on average annual earnings - 912,000 rubles (2020). If it is higher, the specified value is used.

Let's look at a practical example:

The citizen was ill for 8 calendar days. His average daily earnings are 1,800 rubles, and his work experience is 4.5 years. How is the calculation done:

1,800 x 8 = 14,400 rub.

14,400 x 80% = 11,520 rub. – amount of benefit.

For your information

You can calculate the amount to be paid on sick leave yourself if you wish.
Knowing your length of service, you need to calculate your average earnings per day and multiply it by the number of days indicated on the sheet. To calculate average earnings, amounts paid under previous BL and vacation pay are not taken into account. But all bonuses, compensation (not of a social nature) and wages are taken into account. Then the actual days worked are calculated. Without weekends, vacations and other days on which the employee was not at work. Total earnings are divided by the resulting number of days worked. And the result is the figure of average earnings per day. It is multiplied by the number of sick days. Then on the percentage due for length of service. And the output is the final benefit amount. From January 1, 2022, payments under the BL are administered by the Federal Tax Service. The employer pays from his own funds only for three days. All others are subject to compensation from the Social Insurance Fund. Since 2022, electronic versions of sick leave certificates have been available. The transition to them provides relief both for patients standing in line and for employers who are shortchanging the BL. The greatest protection against counterfeiting is also expected. However, paper copies remain valid.

How to calculate average earnings?

The most difficult thing for accountants and managers is when calculating average earnings. It must be calculated taking into account the following rules:

• Payments are summed up for the last 2 years of the employee’s employment;
• During the calculation process, payment periods for which insurance premiums were not deducted are excluded;
• 2 years is the current period for calculation, even if the citizen has changed several jobs.

For example:

In 2022, the woman earned 400,000 rubles, and in 2018 – 450,000 rubles. Sick leave will be opened in 2022 for 10 days due to a domestic injury. Work experience is 10 years. 400,000 + 450,000 = 850,000 rub.

850 / 730 (number of days for 2 years) = 1,164.38 rubles. – average daily salary.

1,164.68 x 10 = 11,646.8 rub. – the amount of disability benefits. 100% is paid, since the experience exceeds 8 years.

If the employee's experience is less than 6 months

For new employees with insurance coverage of up to 6 months, the benefit is calculated taking into account the minimum wage. In 2022, its size is 12,130 rubles. for able-bodied citizens.

Average daily earnings are used for calculations. For example:

The seller has been working in the store since February 1, 2022, and on April 10 she went on sick leave for 7 days. Average earnings for the specified period will be equal to:

12,130 x 24 months = 291,120 rubles.

291,120 / 730 = 398.79 rubles. – average daily salary.

398.79 x 7 = 2,791.53 rubles. – the total amount of payments.

For what period is it given?

A sick leave certificate is issued by the attending physician for any loss of ability to work. The medical institution does not matter - the main thing is that it has a license.

The following points influence the recovery period:

• type of household damage received;
• severity of damage;
• the conditions under which the person was injured;
• the patient’s condition and prognosis for his recovery when examined by a doctor.

Most often, doctors encounter bruises, burns, cuts and fractures.

Injury

Considered the most minor injury. The doctor prescribes treatment at home.

For a minor injury, the doctor does not issue a sick leave. If complications arise, or a moderate bruise is received, the sheet is opened for 3 weeks. If this period is not enough for the patient’s recovery, the decision is made not by the doctor, but by the treatment commission. If the prognosis is positive, they can extend the sick leave or send for an examination to assign a disability group.

Burn

Burns can occur when exposed to extreme heat or chemicals.

If the top layer of skin is slightly damaged, a sick leave certificate is not issued. For burns of 2nd degree or higher, the doctor gives a release from work from 5 days to several months. There are situations when the resulting burns are life-threatening, then the patient is treated as an inpatient.

The doctor determines the number of days by analyzing factors such as the location, extent of the burn and the extent of the affected areas.

A cut

For cuts that do not interfere with a person’s ability to work, doctors do not issue sick leave. But if this type of injury is accompanied by large loss of blood, then the doctor may issue an exemption from work. The maximum period is 30 days.

Important! If a cut interferes with work duties, the doctor may prescribe BL.

Fracture

If a limb is broken, the employee loses his ability to work, so he is given a sick leave for 10 days. If the patient has brittle bones, recovery may take longer. Then the certificate of incapacity for work is extended by the doctor for up to 30 days.

If the injury requires surgery, the doctor prescribes a release from work both for the duration of the procedure and for the rehabilitation of the body after it. With a closed fracture without complications, people rest for about a month. In case of an open type of severe injury, the doctor may excuse you from work for up to six months.

What affects the benefit amount?

As mentioned earlier, the amount of the benefit is mainly influenced by the length of the insurance period and average earnings. However, there are other factors to consider:

• The circumstances under which the injury occurred. If the medical certificates indicate that the person was intoxicated at that moment, the benefit may be calculated not from the salary, but from the minimum wage;
• Patient compliance with the recommended treatment regimen. In case of violations, the doctor will put a corresponding mark, and payments may be reduced by 20%;
• If before the onset of illness an employee was suspended from work without maintaining average earnings, no payment is made. This is relevant when a citizen for some reason cannot continue working;
• The injury was sustained during an administrative arrest or as a result of deliberate self-injury. Payments are not due in such situations.