Permanent and temporary disability is what?

There are situations when a person for some reason can no longer perform his work. Permanent and temporary incapacity for work are the main factors that influence the further possibility of continuing the work process.

Definition

Disability is the person's inability to perform work for one reason or another. Such reasons may be related to illness, disability, accident, maternity and other such factors.

Disability is classified by many factors. Here are the main ones:

1. If possible, restore health status:
   - constant;
   - temporary.
2. On the degree of retention of work capacity:
   - complete;
   - partial.
3. By type of activity:
   - the general;
   - Professional.

Most often in the labor relations between the employee and the employer you can find permanent and temporary disability.

Permanent disability

Permanent disability means the undermining of health or any disease caused by work, disaster, professional costs, accidents, violent crime, etc.

Permanent incapacity for work is divided into:

• Partial: a person because of the undermining of health can not fulfill working duties that correspond to the national standards of working time;
• Complete: a person because of illness or injury is not able to work and provide for himself.

In the first case, disability varies from 10% to 90%, in the second - 100%.

Definition of incapacity for work

The presence of permanent disability can be determined by examination. About its carrying out can ask:

1. A man of working age from 16 to 55 (60) years.
2. A person after retirement age or under 16 years of age, if his health was undermined in the enterprise, in the performance of his duties, as a result of a catastrophe or violent actions.

The percentage of disability is determined for 6 months, 1, 2 or 3 years and 5 years. The initial date for determining the period of permanent incapacity for work is the date of filing an application for examination. When appointing a re-examination, the date will be the last day of the period of permanent incapacity for work, which was established by the first examination. The department of social insurance conducts such examinations, involving doctors.

In the application, the citizen must indicate all the data from the doctor who watches him and has all the information about the state of health necessary to determine permanent incapacity for work. Before filing a petition, a citizen must visit the doctor for at least three months.

If an application is submitted for the determination of permanent incapacity for work and any illness at the same time, one application for examination shall be completed. If necessary, the citizen must submit together with the application a document confirming the reason for the incapacity for work:

• Act on the accident at work;
• Act on occupational disease;
• The decision of the medical commission if the disease is received during the course of the service;
• A medical certificate confirming the relationship between a disaster, a test or an accident and a disability;
• Certificate from traffic accident authorities;
• Decision of the court or a certificate from the investigating authorities if the injury is the result of violent actions.

Examination is carried out on the basis of the submitted documents and a survey of the doctor who leads the patient. As a result, the Department issues a written opinion, which is sent to the citizen and the treating doctor. In case of disagreement with the decision of the Department, the person who submitted the petition may appeal against it in court.

Temporary disability

Temporary disability is a temporary loss of the employee's ability to perform his or her immediate duties.

This kind of incapacity for work is of a short-term nature, therefore, after a certain period of time, the employee can start his duties.

According to Russian legislation, a citizen is temporarily freed from labor and must receive monetary compensation from social insurance.

Depending on why disability has occurred, there are a number of reasons. Let us consider each of them in detail.

Causes

Temporary disability can occur for the following reasons:

1. Disease. This reason is most common and in connection with temporary incapacity for work the employee can not perform the work assigned to him. The labor value can be lost completely or partially, and after the necessary treatment it is completely restored.
2. Accident. This reason, which occurred at work or at home, equally leads the employee to temporary incapacity for work. Distinctions will be payments and the number of days that the patient will be on treatment.
3. Pregnancy, childbirth, abortion. Temporary disability in connection with maternity is formalized at enterprises as maternity leave and lasts for a fixed number of days, depending on the number of children born and the severity of childbirth and the postpartum period. To ensure that such a hospital was properly designed, a woman should provide a certificate of pregnancy from the medical institution, and then a sick leave sheet that allows her to leave for the decree. If the pregnancy was interrupted, then an organization from the medical institution is also provided with a sick list of a pre-set sample. The length of such a hospital will depend on the presence or absence of complications.
4. Quarantine. This is a specific case of temporary incapacity for work, when an employee is suspended from work if:
   - Infectious disease is discovered, because of which it is strictly forbidden to communicate with other people;
   - finding next to the carrier of the disease can be transmitted by airborne droplets and affect the general condition of the employee. In this case, disability ends when the worker is cured and quits.
5. Suspension. This reason may occur due to a number of factors:
   - Absence of special rights that are necessary to perform a certain work;
   - Being in alcohol or toxic intoxication;
   - Receiving negative attestation results (depending on each case, the employee can then either continue the work, or transferred to another position, or be fired).
6. Care for a sick relative. Such a reason often applies to care for persons under the age of majority. But the rule can apply to more adult family members, if it is proved that the disease is serious. At the same time, the period of incapacity for work is limited.
7. Sanatorium treatment. In connection with temporary incapacity for work, the attending physician may issue a referral for sanatorium treatment, which must be confirmed by a sick leave sheet and the relevant regulations. The hospital is issued on a general basis and is presented at the place of work.
8. Adoption of children. In this case, the right to a sick leave appears if the child is less than three months old. The rules are the same as in the decree.
9. Rehabilitation. Hospital for this reason and its duration is established by the attending physician.
10. Prosthetics. The term of the sick-leave is the time that is necessary for the full restoration and conduct of the procedures.

In almost all cases, the employee is entitled to the calculation of temporary disability allowance. The amount and terms of payment are determined by the reasons for incapacity for work.

Cash payments for temporary incapacity for work occur if one of the above cases occurred:

• During work on an employment contract;
• During the performance of official or other activities for which compulsory insurance of temporary incapacity for work is imposed;
• When the disease or injury occurred within a month after the termination of this work.

To receive benefits from the FSS, you need insurance. Temporary disability in this case for two days is paid by the employer, and then - by social insurance, if:

• Injury is due to abortion surgery or due to artificial insemination;
• Injury is received on the way to work or from work not on the employer's transport.

Who is eligible for benefits?

Citizens of the Russian Federation, non-residents who have a temporary or permanent residence permit in the Russian Federation, as well as stateless persons have the right to receive benefits for temporary incapacity for work. And in connection with this, the following categories are distinguished:

• Citizens who carry out activities under an employment contract, admitted to work in accordance with the labor law;
• Citizens carrying out state and municipal service;
• Citizens who are lawyers, individual entrepreneurs, farmers;
• Individuals who are not private entrepreneurs, members of the tribal communities of small northern peoples who voluntarily have issued insurance for temporary incapacity for work and pay for their contributions to the FSS on the basis of Federal Law No. 190 of December 31, 2002;
• Other categories of citizens subject to compulsory social insurance in case of temporary inability to perform work, subject to payment of contributions to the FSS.

To whom and how much do they pay

Calculation of temporary incapacity for work occurs from the first day of the loss of the employee's ability to work. The amount of payment is as follows: 80% of the average income - in the first six days of the hospital, 100% in the following days.

Who is entitled to a temporary disability allowance in the amount of 100% from the first day of disability:

• War invalids and other categories of disabled persons equal to this benefit;
• Participants in the liquidation of the accident in Chernobyl;
• Soldiers-internationalists, if temporary incapacity for work is a consequence of injuries or illnesses received during the performance of an international debt;
• Citizens who have three or more children under the age of 16 who are dependent on them;
• Wives of officers and contract servicemen;
• Donors within a year after the last blood donation (in the past year, the donor male donated blood at least five times, the donor woman - at least three times);
• Organ or tissue donors;
• Round orphans under 21;
• Citizens with temporary disability and in connection with maternity, with the care of a sick child under 14, with the care of a disabled person under 18, with the care of a child up to three years in the event of a mother's malaise; At sanatorium treatment;
• Citizens who are injured in production due to an accident or occupational disease;
• Citizens who were in the performance of public duties.

Insured persons receive benefits from social insurance from the first day, if:

• There is a need to take care of a sick family member;
• The person is in quarantine;
• A person takes care of a child under 7 years of age or an inactive member of a family who is in quarantine;
• Prosthetics for medical indications in the hospital;
• Is carried out aftercare in a sanatorium on the territory of the Russian Federation after in-patient treatment.

The calculation for temporary incapacity for work is 50% in the following cases:

• When the inability to start work has come because of injuries that have occurred as a result of alcohol, toxic or narcotic intoxication;
• When the citizen violated the regime established by the doctor, or did not appear on the prescribed medical examination;
• When the inability to start work came during the absenteeism of working hours.

Documents for the calculation of benefits

Temporary disability is a kind of sick leave. Therefore, in order to receive cash payments, the following documents must be submitted:

1. Disability certificate of a temporary nature (sick leave).
2. Information on form 095 or 095у.
3. Extract from the medical history if the allowance is issued by the student for academic release, according to the form 027 or 027y.
4. Certificate in any form, certified by the seal of the state medical institution or the attending physician.

Particular attention should be paid to the hospital sheet. He has the right to issue only those persons who occupy a medical position on the basis of special license.

Functional features of the sick leave:

1. Presence of legal force. On the basis of this, the employer releases the employee from the performance of his duties.
2. Accounting function. The bulletin is attached to the rest of the documents in personnel, accounting, insurance business.
3. Creating medical statistics. On the basis of the hospital bulletin, various medical reports are created and analytical studies are conducted on the spread of a particular disease.
4. Presence of financial aspect. When he is presented, temporary incapacity for work is paid. The calculation is based on the reasons for the absence and the number of days of non-occurrence in the workplace.

Deprivation of benefits

The temporary disability allowance is called cash payments due to social insurance, which compensates for the employee's lost salary with temporary inability to visit the workplace due to a disease or other factors established by law.

You can deprive such a benefit for the following reasons:

• Deliberate infliction of harm to one's own health in order to avoid performing work duties or simulating the disease (in these cases, monetary payments that were committed before the discovery of a violation are recovered from the employee in a judicial procedure);
• Abuse of alcoholic beverages, narcotic substances or the commission of actions based on the effects of these substances;
• The commission of criminal acts by the employee;
• Violation by the employee of the regime prescribed by the attending physician, without valid reason: absence to the doctor at the appointed time without good reason, non-appearance in the medical and social commission (the benefit ceases to be paid from the moment of finding these grounds);
• Commit absenteeism until the onset of temporary disability (here the employee is deprived of benefits for the duration of incapacity for work).

A special case

It is worthwhile to consider more details of insurance risks and cases under Federal Law No. 213 of July 24, 2009. This includes temporary disability and maternity, as well as expenses for family members due to the occurrence of an insured event. These include:

1. Disease or injury to the insured person.
2. Pregnancy and childbirth.
3. Birth of a child or children.
4. Caring for a child up to a year and a half.
5. Death of the insured person or family member of a minor age.

We found out what insurance is based on. Temporary disability and maternity are paid based on the following types of insurance coverage:

1. Cash payments for temporary incapacity for work.
2. Cash payments for pregnancy and childbirth.
3. A one-time cash payment for those women who registered on an early schedule.
4. One-time cash payment at the birth of a child.
5. Monthly payment up to one and a half years.
6. Payment for burial.

The conditions, the amount of benefits and the procedure for payment are defined in Federal Law No. 81 of 19.05.95 and in Federal Law No. 8 of 12.01.96.

Insured persons have the right:

• Timely receive security with the occurrence of insured events;
• Receive information on the assessment of contributions to the FSS and monitor the transfer of funds in the Social Insurance Fund;
• To seek advice on insurance and free assistance needed to receive benefits (drawing up applications, motions and other documents of a legal nature);
• Contact the FSS to verify the accuracy of the calculation of benefits;
• Protect their rights and interests in the courts.

The insured persons are obliged:

• To provide reliable documents on the basis of which payments will be made and legal issues will be resolved;
• Inform the FSS or the employer about emerging circumstances that may affect the conditions and amount of benefits received;
• Adhere to the regime prescribed by the doctor, determined for the period of incapacity for work or maternity;
• Fulfill other requirements established by Russian law.