What is a work-related injury?
A work-related injury is an injury that occurs on the job or while the employee is involved in work-related activities irrespective of the time and place of the injury and the employee’s involvement in the causative factors.
The injury is not considered work related if it occurs while the employee is travelling between home and work except if it occurs in the employer’s own vehicle or rented vehicle.
What is an industrial and a travel industrial accident?
An industrial accident is actually an insurance concept. It is an accident that occurs in the course of work while the employee (the injured) is engaged in his or her work or work-related activities or while travelling between home and work as part of his or her job. An accident is also considered an industrial accident when it occurs while the insured is involved in a public endeavor or while availing himself or herself of insurance covered health care (in connection with examinations ordered for assessing earning ability, disability, degree of health damage, possibility of rehabilitation or other examinations or treatments necessary for regaining the ability to work).
When considering the type of work related accident, whether the cause of an accident is found in the employer’s operational methods or outside the factory’s operational sphere (i.e., floods, fires, etc.). The accident is still considered industrial even if it was caused by the employee’s carelessness, irresponsibility or negligence since the employer missed taking care of the necessary inspections and labor safety work. Furthermore, an accident is also considered industrial even if the injury occurred because the safety rules were not observed. No medical care is due if the injury was caused on purpose.
Travel industrial accident
A travel accident is that which occurs while the employee is traveling to and from work. If the insured suffers an accident while going to or returning from work, an investigation will be necessary to determine whether it is an industrial accident or not. In determining whether an accident is a travel industrial accident, the time that passed will play an important part since an injury can only be classified as an industrial injury, if, as a result, the connection with work is not severed permanently. The connection remains permanent if, on their way to work or home, the individuals perform the activities necessary for their life style (shopping, taking children to school, etc.).
The investigation should determine whether the injured person took the shortest route home and whether the detour taken was necessary. If the detour was not necessary or was not in connection with work, the accident cannot be considered industrial, thus, the provisions should be solely according to the general rules.
In the following situations, an injury cannot be classified as an industrial accident even if it is work related:
- when the accident occurred solely due to the inebriation of the injured,
- when it is the result of an altercation at work,
- when work was performed without permission and not part of the job description,
- if the shortest route was not taken, and,
- the accident occurred due to the unjustified suspension of the trip.
Ensuring the conditions necessary for First Aid
The Labor Safety Rules require an employer to provide all the personal, physical and organizational conditions necessary for the administration of First Aid. Unfortunately, there has been no unequivocal legal rule, for several years, detailing precisely the steps the employer must take.
The following are a few suggestions:
- the employer should train the needed number of first aid providers, including substitutes (we recommend 20 per employee and 1 per shift/floor)
- the location should be easily accessible for the employees (i.e., the lunchroom) and identified as a First Aid Station with a first aid symbol.
The names and telephone numbers of the first aid providers as well as the telephone numbers of the emergency personnel should be posted. In multiple story buildings, at least one First Aid Station is required per floor.
The choice of first aid equipment should be chosen with the help of an occupational health provider, irrespective of the number of employees and the risk factor at work.
We help train first aid providers.