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  5. Work Injury and the Degree of Loss of Professional Work Capacity

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Medical-Social Expertise

Work Injury and the Degree of Loss of Professional Work Capacity

When is damage to health considered a work injury?

An injury to an employed person, an occupational disease or other damage to health is considered a work injury if it occurred in connection with the performance of a work duty — on the employer's territory, outside it in the performance of the duty, or while traveling to or from work by transport allocated by the employer.

Which documents are required at the first examination?

The victim or the representative must submit the application of the employer's administration or of the professional union, or an application to the court (a court decision), an act of the accident or another document on the damage to health, and in the case of an occupational disease — the conclusion of a medical establishment.

When is the degree set at 100 percent and when at 70 percent?

With an expressed disorder of the function of the body, when the performance of any work is impossible or hindered, including in specially created conditions, the loss of professional work capacity is set at 100 (one hundred) percent. And if the victim can perform work only in specially created conditions, the degree is determined at not less than 70 (seventy) percent.

How are a repeated injury and a pre-existing disease assessed?

With a repeated work injury the degree is determined in percentages for each injury separately — whether it occurred with the same or with different employers. And if the injury aggravated a previously existing disease, the degree is determined from the expression of the functional disorder caused by it, taking into account the pre-existing impairments.

At what term does the re-examination take place?

Upon determination of the degree, the victim's re-examination takes place after 6 months, or after 1 or 2 years — taking into account the character of the work injury and the possibilities of full or partial restoration of work capacity as a result of medical, social and labor rehabilitation.

5 min·25 Aug 2026

What counts as a work injury

An injury to employed persons, an occupational disease or other damage to health is considered a work injury if it occurred in connection with the performance of a work duty. The law explains this concept concretely: the damage is considered work-related if it occurred on the territory of an enterprise, institution or organization — the employer — regardless of its organizational-legal form, or outside its bounds in the performance of a work duty, and likewise in the case of travel to the workplace or return from work by transport allocated by the employer.

The practical significance of this definition is that the status of a work injury opens the way to determining the percentage of the degree of loss of professional work capacity, which in turn is connected with benefits and compensation. It is therefore decisive to establish precisely the circumstances of the damage: where it occurred — on the employer's territory, outside its bounds in the performance of a duty, or during travel in the employer's transport.

Updated: 14 Oct 2026