According to the statutory definition contained in Article 3 of the Act on Social Insurance in respect of Accidents at Work and Occupational Diseases (hereinafter referred to as the "Act"), an accident at work is a sudden event caused by an external cause, which results in injury or death and is related to work performed in the following situations:
- while the employee is performing his or her normal duties or following instructions from superiors,
- when performing activities for the employer, even without his instructions,
- while the employee is at the employer's disposal, on the way between the employer's registered office and the place of work.
All of the above elements must occur together for an event to be considered an occupational accident. An employee injured in such an accident is entitled to a range of benefits and entitlements, depending on the circumstances of the event, the degree of health impairment, and the provisions of labor law and social security. Here's a detailed overview of the benefits available to injured employees:
I. Work accident benefits
- One-off compensation – This is payable if the accident resulted in permanent or long-term health impairment. The amount of compensation depends on the degree of impairment, which is determined based on a percentage table.
- Accident Pension – This pension is payable to an employee who has become wholly or partially incapacitated for work due to an accident. Its amount depends on previous remuneration, the degree of incapacity, and the contributory and non-contributory periods.
- Coverage for medical and rehabilitation costs – The injured party is entitled to reimbursement for medical and rehabilitation costs necessary to restore their ability to work. These costs may include hospitalization, rehabilitation, medications, prosthetics, and adapting their home to the needs of the disabled person.
II. Procedure for reporting an accident at work
The injured employee or their supervisor should immediately report the accident to their employer, who is obligated to conduct a post-accident investigation to determine the circumstances and causes of the incident. The accident investigation committee prepares an accident report, which serves as the basis for applying for benefits.
III. Appeals and Additional Legal Actions
- Appeal against the decision of the Social Insurance Institution (ZUS ) – If the Social Insurance Institution refuses to grant benefits or determines the amount of compensation at an amount considered insufficient by the employee, it is possible to appeal against this decision to the labor and social insurance court.
- Civil action against the employer – In the event of gross negligence on the part of the employer, such as a lack of personal protective equipment or failure to comply with occupational health and safety regulations, the employee may file a civil action seeking additional compensation.
For more information, please contact us. We will assist you at every stage of the process to obtain the compensation you deserve.
This article is for informational purposes only and does not constitute legal advice.
Legal status as of November 13, 2024
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