10 min czytania 8 March 2022

Accident at work

It is the primary responsibility of every employer to ensure the safety of all his employees who are on the premises. If any accident occurs at work, the injured employee is entitled to accident insurance benefits and sick pay.

Accident at work

Accident at work – definition

An accident at work is defined as a sudden event caused by an external cause resulting in injury or death that occurred in connection with work:

  • during or in connection with the performance of the employee’s normal activities or the instructions of a supervisor;
  • during or in connection with the employee’s performance of activities for the employer, even without instruction;
  • while the employee is at the employer’s disposal on the way between the employer’s premises and the place of performance of a duty resulting from the employment relationship.

A certain event can be classified as a work accident if the 4 conditions of the definition are fulfilled at the same time. It is important to remember that if an accident occurs in the working environment, every person who sees it has a duty to help the injured person. It is everyone’s duty to know how to behave during an accident at work and how to render assistance. If you fail to do so, you may be held liable for both employment and criminal liability for failure to render first aid.

In addition, in such a situation, it is necessary to notify your supervisor as soon as possible of an accident or a threat to human life or health. In such a situation, it is necessary to take action to eliminate the immediate danger: turn off the machinery, or at least cut off the source of electricity. The next step is to notify the appropriate labor inspector or other authorities. If the employer fails to do so, it will constitute an offence which will result in a fine. After the event is reported, an accident investigation is initiated.

It is worth emphasizing that the insured employee (who had an accident during work) is entitled to a sick leave which is the basis for receiving benefits from the accident insurance.
The sick leave is not, however, the basis for receiving 100% of remuneration while receiving the benefit. In such circumstances it should be examined whether the accident at the workplace was caused by the employee or not:

  • if the circumstances of the accident indicate that the employee is at fault (due to his/her actions or gross negligence) – the employee will be entitled to 80% of the basis of remuneration
  • if the circumstances of the accident at work do not indicate that the employee was at fault – the employee will receive 100% of the remuneration

The benefit is paid by the Social Insurance Institution for a maximum of 182 days. If after that period the insured person is still unable to work, he/she is entitled to a rehabilitation benefit which can be collected for the next 12 months (equal to 100% of the salary basis).

In the event of an accident at work, the insured is entitled to:

  • sick pay;
  • Rehabilitation benefit;
  • Compensatory allowance;
  • One-time compensation;
  • disability pension for incapacity for work;
  • training allowance and survivor’s pension;
  • supplement to survivor’s pension;
  • attendance allowance;
  • benefits in the form of covering the costs of treatment in the field of dentistry and preventive vaccination and supply of orthopaedic appliances within the scope specified by the Act

You can find more information on employment law HERE