Disability allowance is temporary. Who and how pays us for disability and maternity leave? Lost earnings shall be recoverable from the inflicter of harm, t

25.11.2019

A person’s ability to work is his ability to carry out professional activities in full and in full. People devote most of their lives to their work. It begins with the choice of a profession, its study and development. For 30 - 40 years, a person develops his own and sells them in exchange for wages. This is considered an operating time.

Types of labor

Qualification of disability implies the presence of several types:

Regardless of which person chooses, he has legal protection if partial or complete disability occurs.

Causes of disability

Deprivation of the ability to fully perform the work can occur with an occupational disease or general. Common diseases include health problems not related to working conditions or the complexity of the profession. Most often, this is a person’s general ability to work, when he does not need a long development of a specialty or any specific skills. The resulting diseases are unprofessional in nature, but, nevertheless, a 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 to work of people is directly related to the risks of their specialty or acquired due to adverse working conditions of any disease. In this case, not only the "Labor Law" comes into force, but also the rules of life insurance against industrial accidents.

Partial disability

Everyone has the right to quality medical care in case of partial or complete disability. The degree of disability and, accordingly, monetary compensation is determined by the attending physician or 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 fulfill his professional duties. In this regard, the percentage of the degree of disability, which is determined by the medical commission, is established. It can make up 10-30% of the previous level of working capacity, when the employee needs other working conditions or a smaller volume of output. The level of 40-60% is determined when a person can continue only with a strong decrease in the volume of work or a decrease in the level of qualification. When an employee can perform work only under a complete change in conditions and not in full, the examination of disability sets the level of disability at 70 - 90%.

Partial loss payment

If the employee’s disease is of a general, not professional nature, then he is issued and paid sick leave for the entire duration of treatment.

Sick pay is made in accordance with labor law.

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

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

Special list

According to the legislation, partial disability by persons included in the special list is paid in the amount of 100%, regardless of the length of their work experience. 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 means a temporary absence from work due to a general illness.

Total disability

If the employee has clearly expressed disturbances in the body’s work related directly to his professional activity, and he cannot continue to work under any conditions, he will be 100% disabled.

When such a person is injured at work or becomes incapable of work in connection with his professional activity, he has the right to monetary compensation. The qualification of the employee's ability to work is determined in accordance with an insured event or a special commission.

A complete disability 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 activities.

Occupational diseases

Diseases that a person received in connection with his professional activity 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’s enough to change working conditions and undergo treatment to fully recover. For the first group of people, there are preventive and treatment facilities where they can receive qualified help.
The second group cannot be completely cured. These include occupational diseases such as pneumoconiosis, hearing loss, severe intoxications. The medical commission determines the degree of damage to the human body and decides to establish a disability group. Often, such diseases are "overgrown" by side diseases that develop against the background of chronic manifestations. In this case, the disability group may vary.

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

Disability clearance

The issue of appropriation is considered only when a full examination of the employee's work capacity has been carried out. The facts of getting the disease in connection with professional activity 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 the existing guidelines, which consider the qualification of the ability to work of workers, expressed as a percentage, the degree of its loss is established.

The first and second disability groups are awarded in case of intoxication or damage during an accident. Also, this group may include workers whose occupational diseases have passed into the phase of irreversible or difficult to cure.

In the event that a person has other diseases along with industrial diseases, their exacerbation due to the impact of a “working” illness also falls into the professional category and can be considered as a basis for disability.

In order to accurately establish the degree of disability of workers, the expert must be a highly qualified specialist.

Health Compensation

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

It is currently accepted that employees enter into life insurance contracts in the event of disability. If the employee is partially unemployed, then he is charged salary, compensation for drugs and hospitalization, a one-time payment from the Social Insurance Fund.

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

by disability

In the event that the employee received a disability due to an occupational disease or in connection with and lost the ability to work in full, he will be transferred to light work or a shortened day with compensation for wages. This applies to people with disabilities groups 1 and 2.

The third group is awarded in case of complete disability, when the employee can no longer fulfill his duties or retrain due to work-related 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 sickness benefit, reimbursement for medicines and treatment in the hospital is made by the Social Insurance Fund, based on the data provided by the forensic expert. According to the examination and determination of the degree of physical and moral damage to the victim in the absence of his guilt, the amount of compensation is assigned, as well as possible solutions for the rehabilitation of the patient. This applies to such measures as identifying the victim in a specialized clinic, arranging a ticket to a sanatorium, paying for consultations with a psychologist.

Payment through court

If an employee received a disability in connection with his work in the workplace, then he has the right to monetary compensation for health and compensation for moral damage.

The question of the amount of compensation is decided according to the conclusion that the forensic expert gives. He checks the degree of mental disorder of the victim in connection with the incident and assesses the moral damage inflicted on 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 lawsuit against the employer or insurance company. You can only win it if you receive expert conclusions about the mismatch of the assigned disability group or the amount of compensation to the mental and physical condition in which the injured party is.

Re-examination of an employee who has lost working capacity

There are deadlines for re-examining the health status of workers who have lost their ability to work. This is 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.

Re-examination takes place after 6 months, a year or two after the first diagnosis. Usually this procedure takes place once a year. This does not apply to those workers whose illness is recognized as irreversible or whose injuries prevent them from continuing to work. Such people are assigned disabilities with lifelong retirement benefits.

You can go ahead of time 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 checks and makes a decision based on new results.

Also, the employee has the right to apply for early inspection of his condition. In addition to the employee, the insurance company or the employer can submit an application for re-examination if inconsistencies in the documents or their forgery were found.

The activities of the Social Insurance Fund are absolutely important for any resident of our country. This organization will come to the rescue in case of illness, pregnancy, injury at work and in other situations. In a word, the state extra-budgetary institution was created with the aim of compulsory social protection of citizens.

The organization has been operating since January 1, 1991. Her work is regulated by the federal law On the Basics of Compulsory Social Insurance. We are talking with the director of the branch №6 of the State institution – Chelyabinsk regional branch of the Social Insurance Fund of the Russian Federation Natalia Tkacheva.

Natalya Yuryevna, some citizens do not have a clear idea of \u200b\u200bwhat the Social Insurance Fund does. What are its functions?

The main functions of the organization are: payment of social benefits, providing social insurance for certain categories of citizens, payment of birth certificates. The Fund’s funds are generated from insurance premiums of employers, income from investing temporarily available funds of the Fund.

Insurance payments are made as follows: temporary disability benefit (sick leave); maternity allowance; lump-sum allowance at the birth of a child and monthly allowance for caring for him up to one and a half years. We also pay lump-sum insurance payments and monthly insurance payments in case of loss of professional ability to work in accordance with its degree.

Let's dwell on two areas of the Fund. So, in what cases does the law guarantee compensation for work-related injury or occupational disease?

All those who work under employment contracts are insured in the system of compulsory social insurance against industrial accidents and occupational diseases. That is, a person working somewhere must remember that he is protected by an employment contract that is concluded with the employer. If there is no labor contract - for example, a person works under a contract for services, provision of services or another civil law contract in which insurance premiums are not paid to the Social Insurance Fund, then, unfortunately, the employee is not insured. And if an accident occurs, such a victim will be left without compensation payments and other support measures, one on one with his problems.

People should be aware of this and insist on concluding an employment contract in accordance with the law. After all, if the insured person has a serious industrial injury, according to the law, the Fund undertakes to pay all the costs associated with treatment, and it can be very expensive - for example, if high-tech medical care is required. Today there are cases of payment of treatment in the amount of 200, 300, 400 thousand rubles.

When we say “industrial accident”, we immediately represent an industrial enterprise, a factory. And if, say, an office worker was injured, he twisted his leg and fell down the stairs?

An important sign that an injury is recognized as an accident at work: if health damage occurred when a person performed labor duties in accordance with an agreement or an order of the employer. And the latter is obliged to take all measures to, first of all, provide medical assistance - to deliver the employee to a medical facility, call an ambulance or help get to the clinic.

Keep in mind the important point: when the doctor asks what happened, to indicate in the medical documentation, it must be emphasized that at the time of the injury the person was fulfilling his labor duties. This will be one of the evidence of an industrial accident. If there is an act on an accident at work, sick leave is paid in the amount of 100 percent of the average earnings of the injured employee, regardless of work experience. This is one of the additional guarantees.

If, despite treatment and rehabilitation, a person has a permanent loss of professional ability to work, what is he entitled to count on?

If the medical and social examination body (ITU) establishes a person’s permanent loss of professional ability to work (it depends on the severity of the injury), then the victim must apply with such an opinion to the employer or directly to the branch of the regional branch of the Social Insurance Fund at the place of residence (if the company is liquidated) . At the place of work, a set of documents is prescribed by law, and the employer sends them to the Social Insurance Fund so that the person is assigned compensation payments. In addition, ITU draws up a Victim Rehabilitation Program. In accordance with this program, a person can receive medicines, vouchers to a sanatorium, orthopedic products and other technical rehabilitation equipment free of charge.

Natalia Yuryevna, let’s talk now about another direction of the Fund’s activities. What are birth certificates?

For nine years, the Social Insurance Fund has been carrying out the function of paying for medical services provided by treating institutions to women during pregnancy and childbirth, as well as part of the dispensary observation of the child during the first year of life as part of the national project “Health”. In Kopeysk, such agreements were concluded with the city hospital No. 1 (which includes a maternity hospital) and the city children's clinic. A birth certificate is issued to a woman at 30 weeks of gestation when she goes on maternity leave.

- Has the payment of maternity benefits and childcare increased?

Yes, since the new year, the state has indexed these social payments. Firstly, according to the law, women who work in domestic enterprises, as well as undergraduate and post-graduate students of full-time departments of Russian universities, are entitled to receive a lump-sum maternity allowance. In addition, women registered in the early stages of pregnancy receive a lump sum in the amount of 625.22 rubles.

Maternity allowance (sick leave) is paid in the amount of 100 percent of the average mother's future earnings. The period for which the benefit is paid is in most cases 140 days: 70 calendar days before delivery and 70 days after. The maximum average daily wage for maternity benefits in 2014 was 1,479.45 rubles, in 2015 it will be 1,632.88 rubles. Accordingly, the total benefit for 140 days could be a maximum of 207 123 rubles in 2014, in 2015 it would be 228 603.2 rubles. The maternity allowance for students is equal to 100 percent of the scholarship and is paid at the place of study.

The monthly allowance for caring for a child until she reaches the age of one and a half years for a working mother is 40 percent of her average earnings. And what is the minimum guaranteed amount of such a benefit?

The law sets the minimum monthly allowance for care, in 2015 they are as follows: for the first child - 3,126.09 rubles, for the second - 6,252.17 rubles. For young mothers-students, such a benefit is paid to the social security authority at the place of residence. Also, by law, any working family member, including father, grandmother, can take leave to care for the baby, unless, of course, she continued to work until the birth of her grandson or granddaughter.

- In what cases is a care allowance issued directly through the FSS?

The law provides that in some cases, monthly payments can be received through the Social Insurance Fund. Until now, the Fund has taken on this responsibility only if the mother worked at the bankrupt enterprise (that is, there was a lack of funds in the bank accounts of the employer from which money can be written off to pay benefits), or if the company was liquidated. Starting this year, the FSS is obliged to help mothers in cases where the whereabouts of the employer are unknown. Thus, women who found themselves at work in one-day firms have now received additional protection.

An application to the Social Insurance Fund for childcare benefits in these cases is best filed immediately after the birth of the baby, the deadline - no later than six months after the child reaches one and a half years. Otherwise, the payment may be refused. True, the law provides for exceptions to the general rule: if the applicant can prove that he violated the terms of treatment for a good reason. According to the order of the Ministry of Labor, it can be force majeure, natural disaster (earthquake, hurricane or flood), a long illness of the applicant, family moving to another city.

The temporary disability allowance very often allows Russian families to keep their financial condition afloat, especially if the situation is such that one or more family members are unable, for certain circumstances, to support their family. This is a very delicate issue in Russian law, the solution of which depends on the correct combination of many factors and nuances.

Who is eligible for disability benefits?

In our country, the following categories of citizens have the right to receive financial support for temporary disability:

Former military personnel who left the location of the armed forces of the Russian Federation in the event of a disability, but provided that their appeal for benefits will be no later than 30 calendar days from the date of dismissal.

Russian citizens, citizens of foreign states, citizens with dual citizenship and stateless persons (stateless persons) who officially work in enterprises, organizations and commercial structures of Russia; however, the form of ownership is not important, the enterprise can be both public and private.

Those citizens who officially have the status of unemployed and are registered with regional, federal and local employment agencies.

Those citizens who have received limited working capacity no later than 30 days from the date of dismissal from a permanent job for good reason.

Who regulates the rights of working citizens to benefits

Virtually all working citizens of our country are entitled to temporary disability benefits. The FSS regulates this with the help of regulatory documents.

The structure of Russian social protection is structured in such a way that benefits are the main tool for supporting socially unprotected categories of citizens. The most common financial support tool is temporary disability benefits. A definition of this phenomenon can be found in the legislative framework.

A special place in the hierarchy of social protection of the population is occupied by benefits for temporary disability. It is worth noting that very often financial assistance from the state for disability is identified with disability benefits. This is not entirely true, since temporary disability benefits are granted only in cases where the process of ill health implies a reversible nature.

That is, if a citizen is seriously ill, and as a result of his illness, his ability to work completely or partially decreased, then he can count on financial support from social protection authorities, but provided that the disease can be completely cured.

Types of material disability benefits

The types of temporary disability benefits directly depend on the definition of insured events. To obtain temporary disability benefits at the legislative level, the following insured events are determined:

1. General improvement of the body in resorts and sanatoriums.

Benefits for this insured event are provided on the condition that the leave is not enough to visit the sanatorium in order to improve overall health. Periodically, such situations arise when the employee has already used vacation, but over time he needed treatment. Then the voucher notes the period that the employee was on treatment. It is worth noting that for unused, according to the package, benefits days are not accrued.

2. Quarantine.

Temporary disability benefits for this type of insurance are accrued in the event that the sanitary authorities exclude the employee from fulfilling his labor obligations, if someone from his family gets an infectious disease. The incubation period of time and sick leave are determined by epidemiologists.

3. Diseases or injuries resulting in disability.

When calculating benefits for this type of insured event, differentiated rules apply that depend on the type: personal injury, work injury, general illness or occupational disease. At the same time, in case of labor injury or occupational disease, the allowance is accrued from the moment of the onset of the disease until the restoration of working activity, or the establishment of disability otherwise. The state guarantees the accrual of temporary disability benefits as soon as possible.

Situations in which disability manifests itself on vacation are allowed. In such cases, the employee needs to receive a sick leave, and his leave will be extended by the total number of days of disability. If a person was on vacation without saving his salary, or if he continued to be ill at the time of going to work, then the accrual and subsequent payment of disability benefits occurs from the moment he had to begin to implement the terms of his employment contract.

If this case coincides with the period of idle production capacity, then the size of the benefit corresponds to the full wage, thus, the company will repay part of the benefit for its money. If the employee’s disability continues after the resumption of production activities, then he, on the basis of general rules and accrual principles, will receive temporary disability benefits. An example of this is manifested in occupational diseases at enterprises of an increased hazard class (chemical, radiation, etc.).

Benefits for involuntary abortion are accrued only for the first 3 days of disability, and starting from the 4th day of this period, payment of financial assistance will continue only if the operation was forcedly performed according to medical indications or as a result of a miscarriage. If the disability continues, then the payment of benefits resumes from the 11th day. The accounting for temporary disability benefits in this case is determined by the Social Insurance Fund.

For certain categories of citizens, the Russian legislative framework establishes a limited period for providing disability benefits. For example, temporary and seasonal workers can receive disability benefits for a period of 75 calendar days, but provided that this period is not interrupted without good reason.

Disabled workers (in particular WWII invalids and those injured as a result of the explosion at the Chernobyl nuclear power plant) have the full right to receive a certain amount of benefits, but not more than 4 consecutive months. Such restrictions are not introduced if a work injury or occupational disease is established as the cause of disability. Previously, such a restriction also existed for persons without official work in the amount of 30 calendar days, but as of today this restriction has been lifted.

4. Transfer to another place of work due to occupational disease or tuberculosis.

The legislation allows such situations in which a sick worker is incapable of professional activity, but can perform other duties. In such cases, he can be transferred to another place of work, if the level of salary is lower, he will receive benefits. The company has a so-called surcharge sheet, according to which salary will be paid.

The allowance is calculated on a common basis, but at the same time, its totality with a new salary should not exceed earnings from previous work. It is worth noting that for different occupational diseases there are different rules for calculating this allowance. This can be found out in more detail in the Law on Compulsory Insurance from the National Assembly for Production and Occupational Diseases.

5. Financial payments for caring for a family member who, due to illness, has lost the ability to serve himself.

If an employee has a sick child who requires care, then one of the parents has the right to stay in the hospital for the entire period of treatment. In this example, he will receive a sick leave certificate.

If other family members require care, then the following conditions must be met in order to receive benefits:

there are no other relatives in the family who are able to provide care;
lack of care is a danger to the general health and life of the patient;
if the patient cannot be hospitalized.

6. Prosthetics.

The temporary disability benefit for this insured event is paid only in the situation when the prosthetics process is carried out in an inpatient setting. This allowance is paid for the entire period of time that a person spent in a hospital.

A package of documents that confirms the onset of temporary disability and the amount of benefits

The main reason for receiving partial disability benefits is a temporary disability certificate or a similar certificate of the established form, which is issued in some cases.

A sheet of temporary disability is issued to all working citizens, unemployed who have been registered with the employment authorities, persons whose loss of working ability has occurred within a period of not more than 30 days from the moment of dismissal from their previous work for valid reasons, as well as to former military personnel who were dismissed in stock within 30 calendar days from the termination of employment.

Sheets of temporary disability are issued by doctors of medical institutions of any form of ownership, in particular state, private and municipal. However, a license is required for an expert assessment of disability. Those medical specialists who practice private practice may acquire the right to issue sick leave after further training.

How to get sick leave

To obtain a sick leave, you must present a document that identifies you (passport, military ID). According to general rules, the attending physician can issue the sick leave in person if the disability lasts up to 30 days, while he has the right to issue the sick leave for no more than 10 days.

In fact, during the first full calendar month, the doctor will issue 3 sick leave. If disability lasts more than 30 days, then the issue of temporary disability is decided by an expert commission on the basis of a medical institution. The procedure for issuing sheets must comply with the canons of the legislation of the Russian Federation, and for its violation, doctors may be subject to both disciplinary and criminal liability. Actually, everything is decided by the law. The temporary disability allowance must be lawfully motivated, otherwise the doctor may lose the license.

Accrual of material assistance in the USSR

For a long time, the size of sick leave benefits and the procedure for their issuance was calculated on the basis of rules approved by the USSR Council of Ministers. In accordance with this set of rules, the amount of benefits was determined on the basis of continuous work experience. In a resolution of April 13, 1973, the Rules for accruing continuous work experience for the purpose of state insurance benefits stipulate that continuous work experience is the duration of the last continuous work in a particular enterprise subject to all conditions established by law.

Such a definition contradicts the Constitution of the Russian Federation, which gives its citizens the right to use and use their labor in a free manner. Therefore, the calculation of benefits for temporary disability in some cases may occur without taking into account the total length of service, but in those cases stipulated by law.

Frequency of termination of employment in accordance with Soviet legal standards

However, the interruption of work was recorded in documentary form, taking into account the frequency. To date, there are the following clear types of periods that can interrupt general labor activity:

Periods of time that do not count towards seniority, however, do not violate it. An example is the training in higher educational institutions, graduate school and vocational schools.

The period of residence of family members of military personnel who serve on a contract basis is far from their main place of work. In this case, the rules are differentiated into two parts: military service until 1992, regardless of the place of deployment, and starting from the same year, depending on the location of the military unit, provided that the family members of the soldier did not have the opportunity to find a job in their specialty and received official unemployed status.

Periods that count towards the total length of service (military service).

The period of maternity leave until the child reaches 3 years of age.

The period from the moment of dismissal of a woman in demolition or a woman who has a young child who is under 3 years old. According to the law, they cannot be dismissed from their posts at the initiative of administrative employees. Dismissal can occur only on their own or in the event of liquidation of the enterprise.

Upon termination of the contract by women who have children under 14 years old.

Upon voluntary dismissal of pregnant women and women who have a disabled child or an HIV-infected child under 18 years of age.

If the employee wants to change the place of work, then the generalized rule for maintaining continuous service is valid. The experience is considered continuous if the break in work was not more than 30 days from the date of termination of the employment contract. However, there are some reasons why the allowable break can reach 1 year.

At the same time, there was the following dependence of the length of service and the amount of temporary disability benefits. The allowance was assigned accordingly in the amount of the full average salary (100%), but provided that the total work experience was not less than 8 years. If the experience ranged from 5 to 8 years, then the size of the benefit was equal to 80% of the average annual earnings, if less than 5 years, then 60%.

It is worth noting that some categories of citizens claimed 100% replacement of benefits regarding wages without taking into account seniority. These included citizens affected by the Chernobyl disaster, workers of the Far North, invalids of the Second World War who did not stop working, citizens who live in resettlement zones, workers who are exempted from fulfilling labor obligations due to the need to care for children under 14 years old, and also members of large families.

Similar rules when calculating disability benefits remained until 2004, then some changes were introduced into the Russian legislative system. However, this change in accrual principles was insignificant; nevertheless, most of the rules were guided precisely by the Soviet version. Since that time, every year some changes are made to the legislative base, which must be independently monitored.

So, for example, now when calculating a hospital allowance, it is not the average annual salary that is taken into account, but the earnings for 2 calendar years, and the experience is taken into account only for those that were accompanied by compulsory insurance payments to the Social Insurance Fund. But nevertheless, the main document according to which the calculation of disability benefits is now calculated is Order No. 21n of the Ministry of Health and Social Development of the Russian Federation dated January 24, 2011. It is not practical to consider changes for each year, especially since the main stages are a copy of the Soviet past. Therefore, let us consider how the calculation of material support goes, and on what the size of the temporary disability benefit depends.

The procedure for calculating unemployment benefits (sick leave) in 2014

According to the current regulatory legal acts (Article 14 of the Law of the Russian Federation No. 255-F3 dated December 29, 2006 and Decree of the Government of the Russian Federation No. 375 of July 15, 2007), in 2014 the hospital material allowance is calculated with some changes to the 2013 base.

Despite the cause of the employee’s disability (occupational illness, injury, pregnancy and maternity leave, caring for a child or another family member), the same procedure for calculating benefits is applied. Our state guarantees the provision of temporary disability benefits to all those in need. In order to accrue it in accordance with the recommendations of the legislative system, it is necessary to take into account the following points:

the period for which the employee will receive sickness benefit;
a person’s income for a specific period;
maximum allowance established by law;
the average person’s full-time salary;
interest rate on average full-time earnings, which will be taken into account when calculating benefits;
final size of the hospital allowance.

It is worth noting that, since 2004, the maximum limit for the amount of temporary disability benefit has been established. Federal Law No. 255 regulates this issue. Also, the size of the benefit may be affected by some other factors (hazardous production, work in the Far North, and more).

Time period for calculating hospital benefits

When calculating the amount of benefits, the time period during which the employee was unable to fulfill his labor obligations for one reason or another, but provided that it relates to the loss of an able-bodied state, is taken into account. In this case, it is necessary to consider 2 main divisions when calculating benefits.

1. The temporary disability allowance can be calculated taking into account the average earnings of an employee for 2 working years (730 calendar days), while no temporary periods (illness, additional day off, business trip, vacation, etc.) are taken into account.

2. A completely different situation is clarified when accruing benefits for the loss of the ability to work during pregnancy, maternity leave or caring for a sick child (another family member). It also takes into account the average earnings for 730 calendar days, however, it is necessary to take into account the actual number of days in a year. So, for example, in a leap year it is necessary to take into account 366 days, and not 365, as in other years. In addition, according to the explanations of the legislative framework, when determining the size of the hospital allowance, it is necessary to exclude some time intervals from the general calculation, in particular:

the period of the disease (if the disease is not occupational);

recovery of the body from the effects of trauma (if the trauma was not received while performing work duties);

time of additional maternity leave;

the period of care for a young child;

those periods of time during which the employee was relieved of the performance of her labor duties, however, at the same time, earnings were retained in full or in part, provided that the FSS insurance contributions were not accrued on him, in all cases the payment of temporary disability benefits will be made in in accordance with the wishes of the regulatory documents governing this issue.

Calculation of benefits taking into account the insurance experience and the reasons for the loss of ability to work

In order to calculate the maximum amount of the allowance for the loss of working activity, it is necessary to take into account 2 main factors: the cause of disability and the general insurance experience of the employee. In fact, the determination of the amount of benefits in 2014 is similar to the Soviet era, but with some changes.

So, for example, the USSR took into account the total length of service, now they take into account the period of time that was accompanied by compulsory insurance payments to the Social Insurance Fund, in addition, some causes of disability have lost their original meaning. Let us consider in more detail the effect of insurance experience and the causes of disability on the total amount of benefits.

Any employee who has become incapable of work due to illness, injury, quarantine or prosthetics (except for cases of injury or illness due to professional activity), but who has a total insurance experience of more than 8 years, will receive a full benefit allowance (100%) average earnings for 730 days (Law No. 255-F3).

If you have an insurance experience of 5 to 8 years, the employee is entitled to receive benefits in the amount of 80% of the average daily earnings for the past 730 working days for each day of sick leave.

An insurance certificate experience of less than 5 years will be paid at the rate of 60% of earnings for 2 full years of work, provided that the employee has not changed his job more than 1 time. At the same time, the calculation of temporary disability benefits will be carried out within 3 days.

If the employee lost his labor skills due to his professional activities (work injury, occupational disease), then the allowance will be awarded to him at 100% of the amount of average daily earnings for 730 days for each day of sick leave. Moreover, the length of service will not be taken into account at all.

If an employee resigned from his post, but within 30 days partially lost the opportunity to realize his labor skills, then he is entitled to a benefit of 60% of the amount of his average earnings from a previous job for 2 calendar years. The length of service will not be considered. However, there is one exception. A person who suffered as a result of the Chernobyl accident will receive a full (100%) material benefit for temporary disability. The experience of the insurance certificate will not be taken into account either.

The size of the allowance for the loss of working capacity due to the care of a child or other family member

When determining the amount of benefits for people who lose the opportunity to work due to caring for a sick family member, the insurance period is also taken into account, and in addition, how a sick family member is treated (inpatient or at home).

1. The amount of the allowance for caring for a child under the age of 14, provided that he is being treated at home, but under the supervision of a doctor:

If you have a total insurance period of more than 8 years, the benefit amount will correspond to 100% of the average earnings for 730 days (but only during the first 10 days, then the benefit will be calculated in half (50%). At the same time, temporary disability benefit is paid in within 5 calendar days.

If you have experience supported by regular insurance payments at the Social Insurance Fund for at least 5 full years and no more than 8 years, the benefit amount will be 80% of the average income for 2 years in the first 10 days, starting from day 11, the benefit will be charged at half the average earnings.

with a total insurance period of less than 5 years, the benefit amount will be 60% of the average two-year earnings in the first 10 days, then for each day half (50%) of the employee’s earnings for 1 working day will be charged.

2. The amount of temporary disability benefits for caring for a child under 14 years old if he is being treated in a hospital setting:

If the experience exceeds 8 years, then the allowance will be accrued in full of the average two-year earnings for the entire period the child is in the hospital.

If the experience is from 5 to 8 years, then the amount of the benefit will be 80% of the average salary for 2 years of work.

If the insurance period is less than 5 years, then the size of the benefit will be 60% of the average employee income for 730 calendar days.

When caring for an adult family member, the amount of the benefit will be 100% (if the experience is more than 8 years), 80% (if the insurance experience is from 5 to 8 years), 60% (if the insurance experience is less than 5 years). This does not take into account exactly how the patient is treated, at home under the supervision of doctors or in a hospital.

Payment of temporary disability benefits is carried out to a bank account or to hands through the cash register of the enterprise or institution in which the person works.

Compensation of lost earnings to an employee as a result of general compensation for harm caused to health in the performance of such duties by an employee has its own characteristics that must be taken into account when recovering lost earnings in favor of an employee.

In accordance with Art. 184 of the Labor Code of the Russian Federation in case of damage to health or in the event of the death of an employee due to an accident at work or an occupational disease, to the employee (his family) reimbursed his lost earnings (income), as well as additional expenses related to health damage for medical, social and professional rehabilitation or related expenses in connection with the death of an employee. The types, volumes and conditions for providing employees with guarantees and compensations in these cases are determined by federal laws.

It is necessary to determine what should be understood by the concept of lost earnings in a specific legal relationship. After all, lost earnings during a forced absenteeism and lost earnings due to work-related injuries are completely different types of compensation for harm caused to an employee, and completely different methods for calculating lost earnings are applied to them.

In accordance with the preamble of the Federal Law of the Russian Federation dated July 24, 1998 N125-ФЗ “On Compulsory Social Insurance against Accidents, Industrial Occupations and Occupational Diseases”, this Federal Law determines the procedure for compensation for harm caused to the life and health of an employee in the performance of his duties under an employment contract and in other cases established by this Federal Law.

Due to the injury, the employee does not work and does not receive, respectively, wages. Consequently, lost earnings for the entire time the employee is on sick leave (certificate of incapacity for work) is subject to compensation.

According to the last paragraph of Art. 12 Decisions of the Plenum of the Supreme Court of the Russian Federation of March 10, 2011 N 2 Moscow “On the application by the courts of legislation on compulsory social insurance against industrial accidents and occupational diseases”

The main document confirming the fact of damage to health and temporary loss of professional ability to work is a certificate of incapacity for work issued by a medical organization in the form and in the manner prescribed by the Ministry of Health and Social Development of the Russian Federation.

However, at the end of the closure of the certificate of incapacity for work, the employee is not always able to fully restore his disability.

Under the ability to work means the ability of a person to work.

There are two types of work capacity for an employee: general and professional. The general ability to work is characteristic of every employee, because it simply means the person’s ability to do some work, while professional workability means the person’s ability to do the job in the profession in which he worked before the injury.

Consequently, lost earnings must be reimbursed for the entire time the employee is on sick leave, as well as in the event of partial or complete disability. It is necessary to find out how, in what order and from what time the compensation for lost earnings takes place, as well as whether lost earnings are subject to compensation in case of partial or complete disability in any case, or only in case of loss of a certain type of disability.

The harm caused to the health or life of the employee in the performance of labor duties is compensated by providing collateral for compulsory social insurance against accidents and occupational diseases.

According to Part 1 of Art. 8 of the Federal Law “On Compulsory Social Insurance against Occupational Accidents and Occupational Diseases" for the entire time an employee is on sick leave due to an industrial injury he is paid temporary disability benefits.

In accordance with Art. 9 of the Federal Law “On Compulsory Social Insurance against Occupational Accidents and Occupational Diseases", temporary disability benefit in connection with an industrial accident or occupational disease is paid for the entire period of temporary disability of the insured until his recovery or the establishment of permanent loss of professional disability in the amount of 100 percent of his average earnings calculated in accordance with the legislation of the Russian Federation on temporary disability meetings.

Disability allowance in accordance with Art. 14 of the said Law is calculated on the basis of the average earnings of the insured person calculated for two calendar years preceding the year of the onset of temporary disability.

The harm caused to the health or life of the employee in the performance of labor duties is subject to compensation not only by providing collateral for compulsory social insurance against accidents and occupational diseases, which is paid at the expense of the Social Insurance Fund in the form of a temporary disability benefit.

In other words, in addition to receiving temporary disability benefits, the injured worker has the right to receive lost earnings in full. In clarification on this issue, I am grateful to our colleague, lawyer Izosimov Stanislav Vsevolodovich, and taking into account his comments, I am editing the article.

In accordance with Art. 1085 of the Civil Code If a citizen is injured or otherwise injured in his health, the earnings (income) lost by the victim, which he had or could definitely have, should be compensated. In determining the lost earnings (income), the disability pension assigned to the victim in connection with a personal injury or other health damage, as well as other pensions, benefits and other similar payments assigned both before and after causing harm to health, are not taken into account and are not entail reduction in the amount of compensation for harm (not counted as compensation for harm). The earnings (income) received by the victim after the damage to his health are not counted as compensation for harm.
Higher courts in their decisions indicated that compensation is intended to protect the property interests of the victims, the law does not allow reduction of its size due to the pension assigned to the victim (including disability), benefits and other similar payments that are assigned as before, and after the injury, as a result of which the lost earnings are subject to compensation by the inflicter of harm, regardless of the size of the disability benefit paid.

Lost earnings is the salary of the injured worker that he would have had if he had not been injured.

Lost earnings must be recovered in full - 100%, despite the fact that the employee was paid temporary disability benefits.

Lost earnings shall be recoverable from the inflicter of harm, i.e., from the employer.

Lost earnings are calculated as follows:

The average monthly earnings (income) of the victim is calculated in the manner prescribed by paragraphs 3 and 4 of article 1086 of the Civil Code of the Russian Federation
The average monthly earnings (income) of the victim is calculated by dividing the total amount of his earnings (income) for the twelve months of work preceding the damage to his health by twelve. In the case when the victim worked for less than twelve months by the time of the injury, the average monthly earnings (income) is calculated by dividing the total amount of earnings (income) for the actually worked number of months preceding the damage to health by the number of these months.

The months that are not fully worked out by the victim, at his request, are replaced by the previous fully worked months or are excluded from the calculation if it is impossible to replace them.
In the event that the victim did not work at the time of the injury, the earnings before his dismissal, or the usual amount of the employee's remuneration of his qualifications in the given area, but no less than the living wage of the able-bodied population as a whole in the Russian Federation, shall be taken into account at his request.
Lost earnings during the employee’s stay on sick leave is calculated as follows. Take for example an employee who has worked for more than one year. Then on the basis of h. 3 Article. 1086 of the Civil Code of the Russian Federation, we summarize its income for the last 12 months and then we find either the average daily earnings or the average hourly wage rate. After that, we multiply the number of working days or the number of working hours calculated for the period of temporary disability of an employee by the average daily earnings or average hourly rate obtained when calculating earlier. The amount received will be the lost earnings of the employee for the period of his temporary disability.

In the event that the employee loses partial or complete disability, the employee also has the right to compensation for lost earnings. Calculation of lost earnings in the event of complete loss of incapacity for work does not cause any particular difficulties, since in this case the lost earnings in the amount of the average earnings of 100% are subject to compensation.

Certain difficulties are presented by the procedure for determining the type, calculation and gaining lost earnings in case of partial loss of work ability by an employee.

Lost earnings are subject to compensation, both for the loss of professional ability to work, and for the loss of general ability to work, as mentioned in Part 1 of Art. 1086 of the Civil Code of the Russian Federation.
The amount of earnings (income) to be compensated for by the victim is determined as a percentage of his average monthly earnings (income) before injury or other damage to health or until he or she is incapable of work corresponding to the degree loss of professional ability to work for victims, and in the absence of professional disability - degree of loss of general disability.
Based on the meaning of this article, it follows that the initial criterion for assigning compensation for lost earnings is taken at the beginning of the loss of professional ability to work, and in its absence, the loss of the general working capacity of the employee is taken as the basis.

With the entry into force of the Order of the Ministry of Labor and Social Protection of the Russian Federation of October 11, 2012 N 310n Moscow “On Approving the Procedure for Organization and Activity of Federal State Institutions of Medical and Social Expertise”, the functions of determining the loss of professional and permanent disability are assigned to federal state medical and social examination institutions, which include the Federal Bureau of Medical and Social Expertise.

Earlier in accordance with para. 2 p. 28 Resolution of the Plenum of the Supreme Court of the Russian Federation of January 26, 2010 N 1 Moscow “On the application by the courts of civil law governing relations on obligations resulting from harm to a citizen’s life or health”
The degree of loss of professional ability to work is determined by the institutions of the state service for medical and social expertise (Decree of the Government of the Russian Federation of December 16, 2004 N 805 “On the procedure for the organization and activities of federal state institutions of medical and social expertise”), and the degree of loss of general disability — by forensic medical examination in medical institutions of the state healthcare system (Article 52 of the Basics of Legislation Of the Russian Federation on the protection of the health of citizens, approved by resolution of the Supreme Council of the Russian Federation of July 22, 1993 N 5487-1).
In accordance with Part 3 of Art. 11 of the Law "On Compulsory Social Insurance against Industrial Accidents and Occupational Diseases"

The degree of loss by the insured of professional disability is established on the basis of the conclusion of the institution of medical and social expertise.
The procedure for establishing the degree of loss of professional ability to work as a result of industrial accidents and occupational diseases is determined by the Government of the Russian Federation.

In this case, the concept of loss of professional ability to work should be understood as the loss by an employee of the ability to perform qualitatively the same volume of labor functions by profession, specialty, which he directly performed before he was injured.

The degree of professional disability is established on the basis of the Rules for establishing the degree of loss of professional disability as a result of industrial accidents and occupational diseases (approved by Decree of the Government of the Russian Federation of October 16, 2000 N 789).

According to Art. 2 above Rules
The degree of loss of professional ability to work is established in percents at the time of the examination of the victim, based on an assessment of the loss of ability to carry out professional activities due to an accident at work and an 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 Protection of the Russian Federation in consultation with the Ministry of Health of the Russian Federation.
In pursuance of Decree of the Government of the Russian Federation of October 16, 2000 No. 789, Decree of the Ministry of Labor of Russia of July 18, 2001 56 introduced “Temporary criteria for determining the degree of loss of professional ability to work as a result of industrial accidents and occupational diseases”, which are valid to the present.

In accordance with Part 1 of the Provisional Criteriathe degree of loss of professional ability to work is expressed as a percentage and is set in the range from 10 to 100 percent.

In addition to examining the victim himself during the ITU, the commission examines the documents received from the employer related to the accident. The main such document, which must be paid attention, first of all, to the victim himself, is the Medical opinion on the severity of the health damage.

The medical report is filled in accordance with the Scheme for determining the severity of health damage in industrial accidents, approved by order of the Ministry of Health and Social Development of the Russian Federation of February 24, 2005 N 160. In accordance with part 1 of this order

According to the severity of health damage, industrial accidents are divided into 2 categories: heavy and light.

The employer is obliged to make a request to the medical institution within 24 hours, where the victim first applied for medical assistance (emergency and emergency doctors do not fill out a medical report) in order to obtain an opinion on the nature of the injuries received, and the medical organization must immediately issue a medical report at the employer's request.

Employers in every possible way avoid recording in the Act on an industrial accident that the severity of health damage is severe, because accordingly, more serious consequences ensue for it, in connection with which they do not hesitate to make knowingly false information as in the Accident Act case in the production, and in the Medical report.

The severity of harm to the employee’s health directly affects the amount subsequently paid to such an employee as compensation for health damage, therefore, it is in the interests of the employee to initially monitor this moment.

In accordance with Part 1 and Part 3 of Art. 10 of the Law "On Compulsory Social Insurance against Industrial Accidents and Occupational Diseases"

Monthly insurance payments are assigned and paid:
to the insured - if, according to the conclusion of the medical and social examination institution, the result of the occurrence of the insured event was the loss of it professional disability.

Monthly insurance payments are paid by the insured during the entire period of permanent loss to them professional disability.

The Plenum of the Supreme Court of the Russian Federation, citing in its Decree of January 26, 2010 N 1 Moscow “On the application by the courts of civil law regulating relations on obligations resulting from harm to the life or health of a citizen,” art. 52 of the Fundamentals of the legislation of the Russian Federation on the protection of the health of citizens approved by the Decree of the Supreme Council of the Russian Federation of July 22, 1993 N 5487-1, however, it did not disclose a concept - loss of general working capacity, nor the procedure for compensation for harm lost as a result of loss of general working capacity .

General disability is the ability of a person to unskilled labor.

As a result of the loss of ability to work, an employee becomes incapable of work, which can be either persistent (i.e., permanent) or temporary (i.e., when, after a certain period of time, the victim’s health and ability to work are restored).

Compensation for lost earnings for the period of temporary disability of an employee who suffered an industrial injury was considered above, therefore, it remains only to consider the issue of reimbursing lost earnings for an employee in the event of permanent loss of his general ability to work.

The degree of loss of general disability is established by the forensic medical examination carried out in medical institutions of the state healthcare system.

Previously, the definition of permanent loss of general disability was determined on the basis of the table of percent of disability resulting from various injuries provided for by personal insurance conditions set forth in the Instruction of the Ministry of Finance of the USSR dated 12.05.74 No. 110 “On the procedure for organizing and conducting medical insurance expertise”).

Since 2008, the definition of permanent loss of general disability is determined on the basis of the "Table of percent of permanent loss of general disability as a result of various injuries, poisoning and other consequences of external causes", which is an appendix to Order of the Ministry of Health and Social Development of the Russian Federation of 24.04.2008 No. 194n "On the approval of the Medical determination criteria the severity of harm to human health. ”

If there are several Medical criteria, the severity of the harm caused to human health is determined by the criterion that corresponds to the greater degree of severity of the harm. If multiple injuries are mutually burdensome, the severity of the harm caused to human health is determined by their combination.

In this case, I would like to draw attention to an important moment, which remained unresolved in the new order of the Ministry of Health.

In accordance with the new rules, when determining the degree of loss of general disability with the aggregate multiplicity of injuries of various organs, they are summed up, but at the same time the rules do not indicate the limit of such summation, while in the previous rules the total degree of loss of total disability during the summation could not exceed 100%.

Therefore, how the general degree of disability will be specifically decided in accordance with the new legislation can only be guessed, probably again at the discretion of the court.

This benefit is in essence a compensation to an employee for earnings lost due to illness or for some other reasons. You can find out how much money you can count on and what you need to receive it by reading this page.

Who is eligible for temporary disability benefits?

The insured person is entitled to temporary disability benefits in the following cases:

disability due to illness or injury (including abortion and IVF);
caring for a sick family member;
the quarantine of the insured person, as well as the quarantine of a child under seven years old attending kindergarten, or another legally incompetent family member;
performing prosthetics for medical reasons in a stationary specialized institution;
aftercare in Russian sanatoriums immediately after inpatient treatment (part 1 of article 5 of the Federal law of December 29, 2006 No. 255-ФЗ ""; hereinafter - the law on compulsory social insurance).

When is temporary disability benefit paid?

The allowance is paid if disability occurred during the period of work, as well as in cases when a disease or injury occurred within 30 calendar days from the date of termination of work or from the date of conclusion of the employment contract until the day of cancellation ().

From July 1, 2017, medical organizations have the right, at the patient’s choice and with his written consent, to issue a sick leave in the form of an electronic document signed by the attending physician and medical institution using an enhanced qualified electronic signature (Federal Law dated 01.05.2017 No. 86-FZ).

It is paid as a general rule for the entire period of temporary disability until the day of restoration of disability or the establishment of disability ().

An insured person who is recognized as a disabled person (with the exception of tuberculosis) is paid no more than four consecutive months or five months in a calendar year.

If a fixed-term employment contract has been concluded for a period of up to six months, and also if a disease or injury occurred from the day the labor contract was concluded until the day it was canceled, temporary disability benefits (except for tuberculosis) are paid for no more than 75 calendar days.

Tuberculosis patients in the last two cases, the benefit is paid until the day of rehabilitation (disability).

The allowance for temporary disability if necessary to care for a sick family member is paid for a period specified by law. Details on this can be found in table 1.

Table 1. Duration of payment of temporary disability benefits when caring for a sick family member, depending on his age and illness.

Family member age and illness	The term for which the allowance is paid
D about 7 years	For the entire period of outpatient treatment or joint stay with a child in a hospital, but not more than 60 calendar days a year for all cases of caring for this child. This period is increased to 90 days a year if the child suffers from a disease included in a special list (). Such diseases include many types of cancer, insulin-dependent diabetes, arthritis, schizophrenia, autism, epilepsy, asthma, etc. The list also includes injuries (for example, intracranial injuries and injuries of internal organs), burns, frostbite, etc.
From 7 to 15 years	For a period of up to 15 calendar days for each outpatient case or stationarytreatment ( if the parent goes to the hospital with the child). Moreover, the maximum period should not exceed 45 calendar days per year
Disabled child under 18 years of age	For the entire period of outpatient treatment or joint stay with a child in an inpatient medical institution. But no more than 120 calendar days a year for all cases of caring for this child
D o 18 years old if the child is HIV-infected either suffering from post-vaccination complications orcancer ( including malignant neoplasms of lymphoid, hematopoietic and related tissues)	Z and the entire period of a joint stay with a child in a hospital without maximum time limit
In other cases of caring for a sick family member with outpatient treatment	Not more than seven calendar days for each case of the disease, but not more than 30 calendar days in a calendar year for all cases of care for this family member

There are two more cases of temporary disability benefits. The first concerns situations where quarantine has been introduced. Those who came into contact with an infectious patient or are themselves carriers of bacteria can count on benefits for the entire period of suspension from work in connection with quarantine. And if children under seven years of age attending kindergarten, or legally incompetent family members fall under quarantine, the allowance will be paid to their legal representatives throughout the entire quarantine period.

The second case is prosthetics for medical reasons in a hospital. The allowance must be paid for the entire period of exemption from work for this reason, including travel time to the place of prosthetics and vice versa.

When to apply for temporary disability benefits

You should apply for payment no later than six months from the date of restoration of disability (determination of disability) or the end of the period of dismissal from work in cases of caring for a sick family member, quarantine, prosthetics and aftercare ().

If there are good reasons, the period may be extended. The decision on the extension must be taken by the territorial body of the FSS of Russia. The list of good reasons includes the following:

emergency, unavoidable circumstances (earthquake, hurricane, flood, fire, etc.);
prolonged temporary disability due to illness or injury lasting more than six months;
moving to a place of residence in another locality, change of place of stay;
forced absenteeism upon unlawful dismissal or suspension from work;
damage to health or death of a close relative;
other reasons recognized as valid in a court of law when insured persons apply to court ().

Allowance amount

The amount of the allowance is calculated based on the average earnings for two calendar years preceding the year of the onset of disability (). That is, if an employee was sick in 2016 (it doesn’t matter in January or November), the average earnings should be considered for 2015 and 2014.

For 2017, you can take into account earnings in an amount not exceeding 755 thousand rubles. (even if it is actually more), and for 2016 and 2015 - in an amount not exceeding 718 thousand rubles. and 670 thousand rubles. respectively (,).

At the same time, only those amounts for which insurance premiums were accrued will be included in the calculation of average earnings. For example, vacation pay is taxed by contributions, but contributions to civil law contracts are not charged to the FSS of Russia (paragraph 2 of part 3 of article 9 of Federal Law No. 212-FZ dated July 24, 2009).

As a general rule, temporary disability benefits for loss of working ability due to illness or injury, quarantine, prosthetics for medical reasons and aftercare in sanatoriums immediately after inpatient treatment are paid in the following amount:

the insured person having an insurance experience of eight or more years - 100% of the average earnings;
the insured person having an insurance experience of five to eight years - 80% of the average earnings;
an insured person with an insurance experience of up to five years - 60% of the average earnings ().

EXAMPLE

We calculate the amount of temporary disability benefits for an employee who has been working in the company from 2013 to the present. His total length of service at the time of granting benefits is seven years and two months. The employee's salary for 2016 amounted to 780 thousand rubles, for 2015 - 612 thousand rubles.

Suppose an employee was ill from April 17 to April 23 inclusive (seven calendar days), which is confirmed by the sick-list.

To begin with, let's compare the employee's annual salary with maximum values. The remuneration for labor in 2015 did not exceed the permissible indicator (670 thousand rubles), which means that you can use its entire amount - 612 thousand rubles. Unlike earnings for 2016, which is more than the maximum (780 thousand rubles against 718 thousand rubles). Therefore, with respect to salaries for 2016, the maximum value must be used.

Thus, earnings for two years will be:
612 000 rub. + 718 000 rub. \u003d 1,330,000 rub.
Now this amount needs to be divided by 730 to determine the average daily earnings:
1,330,000: 730 \u003d 1,821.92 rubles.
The amount of temporary disability benefits will be equal to:
1821.92 x 7 x 80% \u003d 10 202.75 rubles.

There are cases when the allowance is calculated on the basis of two of them: if the employee for the billing period did not receive earnings at all, or if his earnings were below the minimum wage in terms of days. In this case, to determine the amount of benefit, the minimum wage will be used on the day the insured event occurs, that is, on the day of illness ().

The average daily income is determined by the formula: minimum wage x 24/730 (7800 x 24/730 \u003d 246.58 rubles). Then, by analogy with the calculation from the example above, you need to determine the amount of the benefit depending on the time for which the sick leave was issued, and the length of service.

Who pays temporary disability benefits

General allowance is paid by the employer at the place of work.
If the insured person works with several employers and has worked with them for the last two calendar years, benefits are assigned and paid to him at each place of work.

If an employee works in several companies, and over the past two years he has also worked in several organizations, but already in others, the allowance will be paid at one of the last places of work of the employee’s choice. In this case, he will need to bring in certificates from other employers about the amount of their salary and that they did not assign benefits.

If a citizen works for several employers, and during the past two calendar years he worked for both them and others - the benefit will be paid either at all places of work or one at the employee’s choice (,). In the latter case, certificates from employers will also be required.

For persons who have lost their ability to work within 30 days after dismissal, the benefit is paid either by the employer at the last place of work or by the territorial body of the FSS of Russia. By the way, other insured persons can apply to the Fund, such as self-employed (lawyers, private entrepreneurs, members of peasant (farm) households, individuals, private notaries, other persons engaged in private practice), as well as members of family (clan) communities indigenous peoples of the North. But all these persons can claim for payment only if they voluntarily paid contributions to the FSS of Russia - they have no obligation to make deductions ().

In addition, ordinary workers can apply to the FSS of Russia for the appointment and payment of benefits if:

the employer has ceased operations;
there is not enough money on his accounts to pay benefits;
it is impossible to establish the location of the employer and his property in the presence of a court decision that has entered into force, which confirms the fact of non-payment of benefits;
bankruptcy proceedings are conducted against the employer ().

This allowance is assigned and paid only on the basis of a certificate of incapacity for work (sick leave) ().