Where to go regarding a military injury report. Military injury - compensation for harm to health. Latest federal news on social support

Military personnel in Russia, and in other countries, have always been classified as separate category workers. Serving as a guardian of order within the country, escorting convicts, capturing criminals, protecting the external borders of the country, participating in hostilities, rescuing refugees, peacekeeping operations, resolving military conflicts in neighboring countries - all this requires considerable effort and risk.

The danger to health and life is initially foreseen by the state when hiring military personnel under contract or conscripting young soldiers.

Like any employee, a military personnel has the same labor guarantees, rights and obligations. In ordinary labor law, there is such a concept as, which means causing harm to the health of an employee during the performance of work duties. As a rule, the employer undertakes to pay the employee in the amount established by the court plus monthly allowance, equivalent to lost earnings, while recuperating.

Coverage of physical, moral and material losses in connection with injury or mutilation is due to military personnel of any branch of the Russian Armed Forces. The state takes care of citizens who repay their debt to the Motherland and protect its interests. Compensation must be legally justified and cover full damage from harm caused to health.

Legislative regulation of the issue

Military personnel are classified as a special category of the working population. Legal regulation working issues with them are regulated Federal Law No. 76-FZ “On the status of military personnel” of May 27, 1998.

The specificity of their activities is such that they constantly face risks to health and life: wounds, concussions, burns, loss of limbs, other parts of the body, etc.

In relation to them, an industrial injury is called war trauma. To determine this condition, a special commission is formed, guided by Regulations on military medical examination, which was approved by Decree of the Government of the Russian Federation No. 565 on July 4, 2013.

For the purposes of this document, military trauma is defined as bodily injury sustained in the course of military service. official duties.

So, for example, a case where the medical report contains the wording “a disease acquired during military service” will not fit the concept of “military injury”, which means that no compensation will be paid.

Simply put, compensation for damage to health due to military injury is due to disabled military personnel who lost their health as a result of bodily injury caused during the performance of their immediate duties. As a result of passing a special commission, he is assigned a disability.

Compensation for harm to citizens due to injuries occurring at work is regulated by Chapter 59 of the Civil Code of the Russian Federation. The payment of monetary compensation for physical losses to such workers is described here. As for military personnel, the provisions of the Federal Law “On monetary allowances for military personnel and provision of separate payments to them” No. 306-FZ of November 7, 2011 apply to them.

Types of injuries

The wording defining the type of military injuries for which compensation of a certain amount for harm to health is due is quite vague.

But precisely to clarify the most specific definition the cause, type and severity of the appearance of this or that damage, there is military medical commission, and also trial about this.

So, classification of military injuries today is the following:

Payments and compensations

For military personnel, the state has provided cash payments in case of acquisition of disability and loss of ability to work.

Them compensate earnings, which they lose as a result of the resulting bodily injury. The benefit can be one-time or monthly.

As you can see, the amount of payment is determined not only by the severity of the injury received, but also by the category of the serviceman. This is a kind of severance pay when leaving the army due to injury.

Payments citizens who lost their health in war depend on the degree of disability awarded to him by the military medical commission:

  • disabled people of group 1 – 1.5 million rubles
  • disabled people of groups 2, 3 – 500 thousand rubles.

Every year, like all other benefits, this payment is indexed in accordance with the inflation rate for a given period. It is assigned regardless of other payments and compensations due to the citizen; in other words, it is added to all others.

List of documents and procedure for registration

There is a general procedure according to which an employee’s permanent disability is determined.

The process technology is regulated Decree of the Government of the Russian Federation No. 70:

  1. First, the employee receives a referral to a military medical commission, which is conducted by a medical organization assigned to a specific unit of the Ministry of Internal Affairs.
  2. There he sends a paper on a medical and social examination, his application, an order for dismissal from the Armed Forces due to injury, and a conclusion on fitness for service.
  3. The decision of social experts will be ready 5 days after the victim’s application.
  4. Physicians as part of the commission draw up a conclusion on permanent loss of health and indicate in it a specific disability group and type of injury.
  5. Only on the basis of this document The executive body of the Ministry of Internal Affairs makes a decision on the payment of benefits to the military personnel.

Additional requirements for preparation of some documents:

  • a conclusion on loss of ability to work must be received within a maximum of one month after sending documents from military doctors;
  • ITU has the right to request additional papers if necessary, but they will not be counted towards this month;
  • within three days after the ITU decision, one copy of the issued certificate is received by an employee dismissed from service due to a military injury, and the second must be taken to medical institution;
  • If ITU refuses a positive decision, a written conclusion must be sent to the employee and the medical organization within three days, and the reasons for the refusal must be formulated.

After receiving the conclusion of the medical and social examination disability must be established. The military medical commission establishes the fact of injury during military service.

For this may be required some papers:

  • ITU certificate;
  • certificate of illness;
  • various archival references, etc.

Essentially, the process of obtaining disability for the military is similar to the same.

After receiving all medical certificates and confirmations, the employee must contact local social security authority with a package of documents:

For registration of a disability pension in the Pension Fund of Russia The following documents must be sent:

  • ID card;
  • statement;
  • medical opinion;

After checking the information provided, the pension will be credited in approximately one or two months to the bank account whose number was indicated by the recipient in the application.

The support for military personnel who become disabled during their service is described in the following video:

Compensation for damage to health due to military injury - material compensation for damage incurred, similar to covering physical, moral and material losses from an industrial injury in labor law, but in relation to military personnel. We will tell you today about the amount of compensation and the procedure for processing such compensation.

Who are disabled people due to war trauma?

Military personnel - special category working population. Their legal relations with the employer are regulated by labor laws only to the extent that they correspond to the main regulatory document for this group of workers - the law “On the status of military personnel” dated May 27, 1998 No. 76-FZ, as well as others regulations, established for the military.

Specifics military service is such that the likelihood of getting injured at work during labor activity very high. Such harm to health in relation to military personnel is called military trauma. This condition is determined by military medical experts, who are guided by the Regulations on military medical examination, approved by Decree of the Government of the Russian Federation of July 4, 2013 No. 565.

Paragraph 94 of this document describes military trauma as bodily injury sustained in the performance of military duties. In other words, if the commission’s conclusion contains the wording: “an illness acquired during military service,” this cannot be regarded as a military injury.

Thus, disabled people as a result of military trauma are military personnel who have lost their health due to bodily injuries received during the performance of military duties, and who have been assigned a disability of one degree or another by a special commission.

How is compensation for health damage due to military injury?

Citizens who suffered damage to their health during the performance of military duties can count on monetary compensation for physical losses not only in accordance with Chapter 59 Civil Code, but also based on the requirements of the law “On monetary allowances for military personnel and provision of individual payments to them” dated 07.11.11 No. 306-FZ.

Don't know your rights?

In accordance with Art. 3 (clauses 12, 13) of the said law, injured military personnel can count on:

  • one-time payments upon resignation from military service or removal from military training due to a citizen being declared unfit for military service due to a military injury;
  • monthly benefit after being assigned disability due to war injury.

These subsidies are paid to the citizen regardless of his receipt of other payments provided for military personnel in connection with dismissal from the country's armed forces.

The amounts of the listed benefits in 2016 are the following amounts (taking into account indexation coefficients for past years).

  1. Compensation for dismissal from the Russian Armed Forces due to unfitness due to war injury:
  • 2,337,352.5 rub. for contract workers;
  • 1,168,676.25 rub. for conscripts and conscripts for training camps.
  • Monthly payment to disabled people due to military injury:
    • 16,361.47 rub. for disabled people with group 1;
    • RUB 8,180.73 for disabled people with group 2;
    • 3,272.29 rub. for disabled people with group 3.

    It is necessary to pay attention to the fact that on May 19, 2014, the Constitutional Court of Russia, in its resolution No. 15-P, declared the provisions of paragraph 15 of Art. 3 of Law No. 306-FZ in the sense that developed in practice and gave reason to refuse to receive disability compensation to individual applicants. Namely, those of them who, having received an injury as conscripts, after leaving the armed forces and before determining disability due to a military injury, served in the internal affairs bodies, which means they received pension payments based on length of service with an increase. Disability compensation is paid regardless of the time of onset of disability due to military injury, place of service after dismissal from the country's armed forces and types of paid pensions and other payments (clause 14.1 of Article 3 of Law No. 306-FZ).

    How to apply for compensation for personal injury due to military injury

    For registration of material compensation for health damage due to military injury you need to contact the social protection authority at your place of residence and write a corresponding application.

    The following documents must be attached to the application:

    1. Passport (copy).
    2. Military ID (copy).
    3. Certificate from medical experts about disability due to military injury (copy).
    4. Certificate of receipt of a disability pension from pension fund at your place of residence.
    5. Work record book (if available) or service record (copy).
    6. Evidence of earnings for the year before the injury and before the disability was established.

    In some cases, it may be necessary to go to court. As a rule, judicial practice is taking the path of satisfying claims about compensation for health damage due to military injury.

      Monetary compensation resulting from damage to citizens during the performance of military duties is paid in accordance with the requirements Federal Law dated 07.11.2011 No. 306 “On monetary allowances for military personnel and provision of individual payments to them.”

      Types of compensation for military personnel when injured in service

      Payments for military injuries in 2017 are made to compensate for the following types of damage caused to the health of a military personnel:

    • during the period of service;
    • as a result of exposure to increased levels of radiation (during maintenance of radiation facilities, testing, liquidation of the consequences of an accident);
    • when representatives commit illegal actions judiciary(investigation bodies, prosecutor's office);
    • as a result of illegal actions committed by representatives local government, military department;
    • during the execution period job responsibilities, if the damage caused to health is not related to the commission of misconduct representatives of various structures.

    The procedure for compensation for damage in the event of injury to a military personnel

    The one-time compensation that is due to a serviceman (officer, midshipman or warrant officer) is paid after representatives of his part send the necessary package of documents to the appropriate organization that has entered into an agreement with the military department. The package includes the following documents:

    • a statement of the established form, which is written by a military personnel. This document contains a request for payment of benefits to a military personnel in connection with his dismissal from service, during which he received a military injury;
    • a certificate signed by an official of the military unit and the presence of an official seal - to confirm that a serviceman received an injury during the period of service;
    • a certified copy of a medical report (certificate) with information about the soldier’s illness;
    • a certified copy of the order to exclude from the personnel a part of the serviceman who was injured.

    A serviceman can submit all of the listed documents for payment of compensation independently.

    The basis for payment of compensation and pension to the injured serviceman in this case will be the cause-and-effect relationship that arose between the incident as a result of which he was injured and the performance of his immediate duties. The conclusion of the military commission confirms this connection.

    A serviceman recognized as disabled as a result of an injury during his service must apply to a person with the appropriate authority in order to receive the compensation he is entitled to. government agency social protection population at the place of residence and write a statement in the established form.

    This statement must contain:

    • petition for monetary compensation payable monthly. The amount of such compensation is established taking into account the disability group assigned to the serviceman;
    • details of the applicant's bank account.

    The application must be accompanied by:

    • document (copy) that proves identity;
    • a copy of the conclusion (certificate, certificate) to confirm the fact that the disability group has been established as a result of a military injury;
    • a copy of the order (certificate signed by the unit commander, military ID) confirming the injury to the serviceman during the period of service;
    • a document (copy) confirming that the military personnel have received a pension from the relevant authority;
    • document (copy) on the appointment of a guardian for a military personnel in connection with his recognition as disabled.

    Compensation amounts

    The legislation established the following sizes monthly compensation for disabled people:

    • Group I – 14 thousand rubles;
    • Group II – 7 thousand rubles;
    • Group III – 2800 rubles.

    Every member of a military family who has become disabled as a result of an injury can also count on receiving compensation. The total amount of compensation will be equal to the derivative of dividing the total amount assigned to the disabled person by the number of family members.

    Example. A group II disabled person receives an allowance of 7 thousand rubles. He has a wife and child. The family composition including a disabled person is 3 people. In this case, 7 thousand rubles must be divided by 3 - we get 2333 rubles per person. This means that the wife and child together will receive 4,666 rubles every month. Disabled person - only the 7 thousand rubles assigned to him.

    If a serviceman is killed or dies, then each family member receives compensation calculated according to the same principle. The basis is the total amount of compensation for a disabled person of group I.

    Monthly monetary compensation can be paid as a total amount to all family members or to each individual individually based on his/her application.

    How much are military disability pensions paid in 2017?

    A military serviceman's disability pension in 2017 is calculated in accordance with the Federal Law “On State Pension Provision in Russian Federation» dated December 15, 2001 No. 166-FZ (hereinafter referred to as Law No. 166-FZ):

    • those who have received group I or II disability due to a military injury are paid 85% of the monetary allowance received during the period of service; Group III – 50%;
    • those who become disabled in group I or II as a result of an illness acquired during service are assigned 75% of the monetary allowance that was paid during the period of service; Group III – 40%.

    Disabled military personnel have the right to apply for a social pension (SP), according to Art. 15 of Law No. 166-FZ, the amount of which is:

    • Group I (due to military trauma) – 300%;
    • Group II – 250%;
    • Group III – 175% of the social pension

    Those who become disabled as a result of illness during the period of service are entitled to a social pension in the amount of:

    • Group I – 250%;
    • Group II – 200%;
    • Group III – 150%.

    A military pension in connection with the death of a breadwinner is established for disabled family members of a deceased serviceman (Article 36 of the Federal Law “On pension provision for persons who served in military service...” No. 4468-1 of December 15, 2001) in the amount of:

    • 50% of the monetary allowance – after the death of a serviceman from a military injury;
    • 40% of the amount of monetary allowance - in case of death from an acquired disease during the period of service.

    Close disabled relatives of a deceased serviceman may, in accordance with Art. 15 of Law No. 166-FZ, apply for a social pension in the amount of:

    • 200% – in case of death from injury;
    • 150% - in case of death of a military man from a disease acquired during service.

    Indexation of military pensions is provided for by the state when prices for consumer goods increase.

    What a soldier who was injured while on duty needs to know

    Citizens dismissed from service due to injury and receiving a disability pension have the right to apply for a second (labor) pension in the following cases:

    • upon reaching a certain age established by law;
    • if there is a minimum work experience to receive a second pension, without taking into account which the disability pension was assigned. From 2016, the insurance period will increase by 1 year (in 2015 it was 6 years) until 2024;
    • if they were granted a pension as an employee of the Ministry of Internal Affairs or other law enforcement agencies due to assignment of disability of group I, II or III.

    If a service member is denied compensation or a pension, then in some cases it may be necessary to go to court. Experienced lawyers from our company can help you draw up a statement of claim. Judicial practice most often follows the path of satisfying claims for compensation for health damage due to military injuries. Therefore, by properly justifying your demands, you can win the process and receive the amounts due.

    I. General provisions

    1. The Instruction on the procedure for investigating facts of injury* by military personnel in the Armed Forces of the Russian Federation** establishes the procedure for investigating facts of injury by military personnel (citizens called up for military training), mandatory for all military units and organizations of the Armed Forces of the Russian Federation in peacetime. The procedure for investigating facts of injury by military personnel during the period of mobilization, martial law and in wartime is established by other regulatory legal acts of the Ministry of Defense of the Russian Federation.

    2. The commander of a military unit bears personal responsibility for organizing and timely conducting an investigation into the causes and circumstances of injury to a serviceman.

    3. Upon receipt of an injury that resulted in the death (death) of a serviceman, or if there are signs of a crime in the actions of other persons in relation to the victim or in the actions of the injured serviceman himself, the commander of the military unit, as the body of inquiry, is guided by the Instructions to the bodies of inquiry of the Armed Forces and other military formations Russian Federation, put into effect by Order of the Minister of Defense of the Russian Federation in 1994 No. 275.

    The fact of an injury resulting in the death of a serviceman may be additionally investigated by the commander of a higher military command authority.

    4. When a serviceman assigned to a military unit (who is being treated in a military medical institution) receives an injury, the investigation is organized and conducted by the commander of this military unit (the head of the military medical institution), and the materials of the investigation and the decision made upon its completion are sent to the commander of the military unit that is the permanent place of military service of this serviceman.

    5. Upon receipt of an injury by a serviceman under circumstances not related to the performance of military service duties (while on leave, leave, etc.), the commander of the military unit conducts an investigation on the basis of documents submitted by the serviceman (his relatives) confirming the fact of injury . In this case, if necessary, during the investigation, requests may be sent to the appropriate medical institutions and law enforcement agencies.

    6. The fact of injury to a military personnel resulting from an incident at a facility (in a unit, on equipment, etc.) subject to state supervision(technical, energy, fire, sanitary and epidemiological, architectural and construction supervision, supervision of nuclear and radiation safety, flight safety, etc.) is investigated with the involvement of specialists from the relevant supervisory authorities and taking into account special requirements and norms governing the rules for clarifying the circumstances of harm to human health at facilities supervised by these authorities.

    Food poisoning that occurs in military personnel is investigated in accordance with the procedure established by the Main Military Medical Directorate of the Ministry of Defense of the Russian Federation.

    7. When contacting close relatives of an injured serviceman, the commander of a military unit is obliged to inform them about the circumstances of the injury that have become known as a result of the investigation and the measures taken to ensure the rights of the serviceman, as well as in relation to the perpetrators, if the injury was the result of an offense on their part.

    II. The procedure for investigating the fact of injury to a serviceman in a military unit

    8. The head of the medical service of the military unit (hereinafter referred to as the head of the medical service) reports the fact of injury to a military personnel on the same day in writing to the commander of the military unit. The report indicates the nature, possible mechanism and consequences of the harm caused to the health of the serviceman (loss of ability to work), including whether the injury could have been the result of harm to the health of the serviceman by another person or self-harm.

    In addition, the grounds for conducting an investigation into the fact of injury to a military personnel may be:
    direct detection of injury by the commander of the military unit;
    statement of the victim;
    notification to the head of a medical institution about a military person’s admission to hospital treatment or seeking medical care;
    message from the head of a law enforcement agency;
    a report from an official of a military unit or statements from other persons, including relatives of the injured serviceman.

    9. Upon receipt of an injury that did not result in loss of ability to work, and in the absence of signs of a crime in the actions of other persons in relation to the victim or in the actions of the injured serviceman himself, on the basis of the submitted report of the head of the medical service (notifications, messages, statements of other persons specified in paragraph 8 of this Instruction) and written confirmation by injured servicemen of the fact of injury due to negligence, including personal injury, the commander of the military unit makes a decision to carry out preventive measures and, if necessary, bring the perpetrators to disciplinary liability.

    10. Based on the report of the head of the medical service, notification (report, message, statement) of the other above-mentioned persons, the commander of a military unit is obliged on the same day to make a decision to conduct an investigation into each fact of injury to a military personnel that resulted in loss of ability to work, as well as if the fact of injury to a military personnel could be a consequence of harm to his health by another person, self-harm or other offenses.

    11. To conduct an investigation, the commander of a military unit appoints an official with experience in conducting investigations (proceedings).

    Group cases of injuries to military personnel (two or more victims) are investigated by one of the deputy commanders of the military unit.

    12. The investigation is carried out to determine:
    circumstances and causes of injury;
    the degree of guilt of the injured serviceman;
    persons who directly caused the injury;
    officials who violated (failed to ensure compliance with) the safety requirements defined by the governing documents regulating the conduct of military personnel and their superiors at a specific facility or during a particular event (cleaning the assigned territory, physical exercise, servicing military equipment, training in special and other types preparation, etc.);
    the presence of a direct causal relationship between the actions (inaction) of persons who violated (failed to ensure compliance with) safety requirements and the resulting consequences (injury, duration of health disorder, death).

    13. The investigation is carried out by interviewing the victim, his colleagues, eyewitnesses of the incident, officials and other persons involved in the event, collecting necessary documents(written explanations, certificates, statements, inspection data of the injury site, conclusions and explanations of specialists and other materials).

    14. An investigation into the fact of injury to a military personnel is carried out within three days from the date of the investigation.

    15. The investigation ends with the issuance of a conclusion on the results of the investigation into the fact of injury to a military personnel (hereinafter referred to as the conclusion) in the form according to the appendix to this Instruction.

    In the conclusion, conclusions are drawn about the absence (presence) of signs of a crime or the lack of sufficient data about the signs of a crime in the circumstances of the injury.

    16. If a conclusion is approved with the conclusion that there are signs of a crime in the circumstances of the injury or that there is no sufficient data on the signs of a crime, the commander of the military unit, as the body of inquiry, decides to check the circumstances of the injury in accordance with the requirements of Article 109 of the Criminal Procedure Code RSFSR.

    17. Based on the results of the investigation, the commander of the military unit, within 10 days, makes a decision to eliminate the causes and conditions that contributed to the injury to the serviceman and to bring the guilty officials to justice. This decision, as a rule, is announced by order of the commander of the military unit.

    18. Based on the conclusion, if necessary, relevant documents are drawn up and sent in the prescribed manner to the insurance organization, military medical and other institutions (organizations).

    19. Investigation materials, the decision of the commander of the military unit to eliminate the causes and conditions that contributed to the injury to the serviceman, and other documents on the fact of the injury are stored at the headquarters of the military unit in the prescribed manner.

    Along with these documents, reports from the head of the medical service with resolutions from the commander of the military unit and with attached explanations of the injured servicemen regarding the facts of injury, the decision to conduct an investigation into which was not made by the commander of the military unit, are also stored.

    _______________________________
    * Trauma means damage to an organ or tissue as a result of external influence. In the manner prescribed by these Instructions, facts of poisoning, heat stroke, drowning, and injuries are also subject to investigation. electric shock, lightning and ionizing radiation, insect and reptile bites.
    ** Further in the text, unless otherwise stated, for brevity we will refer to: Instructions on the procedure for investigating facts of injuries by military personnel in the Armed Forces of the Russian Federation - Instructions; military units and organizations of the Armed Forces of the Russian Federation - military units; military personnel (citizens called up for military training) - military personnel.

    HEAD OF THE DIRECTORATE OF TROOPS SERVICE AND SECURITY OF THE MILITARY SERVICE OF THE GENERAL STAFF OF THE ARMED FORCES OF THE RUSSIAN FEDERATION

    lieutenant general
    V. Novikov



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