Definition of an accident at work
Pursuant to 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 considered to be a sudden event caused by an external factor, resulting in injury or death, which occurred in connection with work:
- during or in connection with the employee's performance of ordinary activities or instructions from superiors;
- during or in connection with the performance of activities by the employee for the employer, even without instructions;
- while the employee is at the employer's disposal on the way between the employer's registered office and the place of performance of the obligation arising from the employment relationship.
The above-mentioned elements must be present together. This means that if even one of them is missing, the event will not be considered an occupational accident.
Employer's obligations after an accident at work
An employer's obligations related to an accident at work are regulated in Article 234 § 1 of the Labor Code. In the event of an accident at work, the employer is obligated to:
- take the necessary actions to eliminate or limit the threat,
- provide first aid to injured persons,
- determine the circumstances and causes of the accident in the prescribed manner.
- take appropriate measures to prevent similar accidents.
Furthermore, the employer is obligated to immediately notify the appropriate district labor inspector and prosecutor of a fatal, serious, or collective accident at work, as well as any other accident that has caused the above-mentioned consequences and is related to work, if it can be deemed an accident at work. Failure to do so may result in an offense against employee rights, punishable by a fine ranging from PLN 1,000 to PLN 30,000.
Until the circumstances and causes of the accident are determined, the employer is obliged to secure the place where it occurred.
Determining the circumstances and causes of the accident
The employer is obligated to take steps to determine the circumstances and causes of workplace accidents. The principles of the internal procedure for determining the circumstances of accidents are regulated by the Council of Ministers' Regulation of July 1, 2009, on determining the circumstances and causes of workplace accidents. After final determination of the circumstances and causes of a workplace accident, no later than 14 days after receiving notification of the accident, the workplace accident investigation team is obligated to prepare a report on the circumstances and causes of the accident.
Preparation of an accident report
The internal procedure for determining the circumstances and causes of an accident at work culminates in the preparation of an accident report. The employer is obligated to retain the report establishing the circumstances and causes of an accident at work, along with other post-accident documentation, for 10 years.
Recognizing an event as an accident results in the injured party having certain rights under the law:
- filing a claim for compensation based on general provisions of civil law,
- the right to apply to ZUS for an accident insurance benefit.
Legal basis:
- The Labor Code of 26 June 1974 (consolidated text: of 16 June 2023 (Journal of Laws of 2023, item 1465)),
- Act on social insurance in respect of accidents at work and occupational diseases (consolidated text: of 14 September 2022 (Journal of Laws of 2022, item 2189)),
- Regulation of the Council of Ministers of 1 July 2009 on determining the circumstances and causes of accidents at work (Journal of Laws No. 105, item 870).
This article is for informational purposes only and does not constitute legal advice.
Legal status as of July 5, 2024
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