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Accident at work – what to do if it happens?

by Michał Prokop

16 August 2023

Incidents considered accidents at work can happen in any workplace. Then, it is important to know what the injured worker should do and what the employer's obligations are.

Definition of an accident at work

An accident at work is defined in the Act of 30 October 2002 on Social Insurance against Accidents at Work and Occupational Diseases (so-called Accident Act).

Article 3 of the Accident Act defines an accident at work as a sudden incident brought about by an external cause, resulting in injury or death, which occurs in connection with work. And more specifically:

in the course of or in connection with carrying out ordinary activities or instructions from superiors by a worker,
in the course of or in connection with carrying out activities for the benefit of the employer, even without instructions,
while the worker is at the employer's disposal on the way between the employer's premises and the place of performance of duties under the employment relationship.

An accident at work also means an accident that happens:

during a business trip in circumstances other than those specified in Article 3(1) of the Accident Act, unless the accident is unrelated to the worker's duties,
during training in national civil defence,
while carrying out tasks commissioned by trade unions present at the workplace.

Accident on the way to or from work – how to approach the issue?

An accident can happen both at work and on the way to or from work. Please note, however, that these are completely different incidents – even though in both cases a person is injured.

An accident on the way to or from work is described in Article 57b of the Act of 17 December 1998 on Pensions from the Social Insurance Fund.

According to that Article, an accident on the way to or from work is an incident that:

happens suddenly,
is brought about by an external cause,
occurs on the way to or from the workplace or during other activity under which the worker is entitled to disability insurance, if the route is the shortest available and is not interrupted.

In addition, the route from home to work or from work to home also means the route to or from the place of:

other employment or other activity under which the worker is entitled to disability insurance,
habitual performance of professional or social functions or tasks,
habitual consumption of meals,
pursuing education or studies.

Accident at work in the context of remote work

The new laws on remote work do not redefine the concept of an accident at work or the employer's obligations. In such a situation, the existing legislation must be applied.

A remote worker who suffers an accident must inform their employer about it – in the same way as employees who work on the company's premises.

The employer appoints an accident investigation team in a similar way as in the case of an accident at the workplace. Considering the specific nature of remote work (work from home or apartment), the remote work laws specify the manner of inspecting the place of the accident.

The place of remote work accident is inspected once the accident has been reported. The inspection date is agreed with the worker or their household member – if the worker is unable to agree a date for health reasons – and members of the accident team.

The accident team may decide not to inspect the place of the accident if they conclude that the circumstances and causes of the accident raise no doubts.

The major issue that such a team will investigate is whether, at the time of the accident, the worker was carrying out their official duties at the employer's request and in its interest. If the information presented by the worker and the findings of the accident team clearly indicate that the incident is related to the worker's official duties, the employer will be able to consider such an incident as an accident at work.

Types of accidents at work

The lawmakers list the following types of accidents at work:

fatal accident,
serious accident,
collective accident,
accident causing temporary inability to work.

Fatal accident at work

A fatal accident is an incident that leads to a tragic outcome – the injured worker dies. This is also the case if death occurs up to 6 months of the date of the accident.

Serious accident at work

A serious accident results in serious injury to the worker, such as damage to sight, hearing or speech, reproductive capacity, incurable illness, mental illness, as well as other effects that prevent further work in the profession.

Collective accident at work

A collective accident occurs when at least 2 people are injured in an incident.

Accident causing temporary inability to work

An accident causing temporary inability to work, or in other words a minor accident, is any other accident that does not lead to serious injury or death of the injured person.

How to report an accident at work? Procedures and documents

An injured worker immediately notifies their superior of the accident. If the worker is unable to do so for health reasons, the accident is reported by witnesses to the incident.

The injured person must submit a set of documents to the payer of contributions (employer) to use their entitlements. Then, these documents, along with the relevant application, are submitted to a ZUS branch competent for the place of residence of the injured person.

What documents are required?

a special application in which we clearly specify the type of benefit (e.g. one-off compensation for permanent damage to health),
an accident sheet or accident report, including explanations of the injured person and information from witnesses to the incident,
a medical certificate from the physician in charge,
if the injured person dies – death certificate.

Accident at work – employer's obligations

The employer is obliged to provide first aid to the injured person and to secure the place of the accident.

If the accident is fatal, serious or collective, the employer must notify the district labour inspector and the public prosecutor competent for the place of the accident.

Once the employer has been notified of an accident at work, it must set up an accident team to investigate the circumstances and causes underlying the accident.

The employer approves the accident report or returns it to the accident team – if any reservations as to its contents have been reported. The employer is also required to deliver the approved accident report to the injured worker or – if the accident is fatal – to the family members of the deceased worker.

Other responsibilities of the employer include:

keeping a register of accidents at work,
keeping a record of the circumstances and causes underlying the accident at work, including other accident-related documents for 10 years,
preparing documents for the Central Statistical Office (GUS),
identifying preventive measures and proposals.

Compensation for an accident at work

An insured person who has suffered permanent or long-term damage to their health as a result of an accident at work or occupational disease is entitled to a one-off compensation.

The amount of such a one-off compensation is set by the Act on Social Insurance against Accidents at Work and Occupational Diseases. It is 20 percent of the average salary (applicable on the date of the decision granting the one-off compensation) for each percent of permanent or long-term damage to health.

If the health condition of the insured person who has suffered permanent or long-term damage to health as a result of an accident at work or occupational disease gets worse and is increased by at least 10 percentage points – the one-off compensation rises by 20% of the average salary for each additional percent of damage to health above that threshold.

The one-off compensation rises by 3.5 times the average salary in the following cases:

if the insured has been declared totally unable to work and to live independently as a result of an accident at work or occupational disease,
if the pensioner has been declared as totally unable to work and to live independently due to deterioration of their health as a result of an accident at work or occupational disease.

Accident at work – who pays compensation?

The one-off compensation for an accident at work is paid by the Social Insurance Institution. This follows directly from insurance laws and social insurance regulations.

Summary

A good understanding of the definition of an accident at work and the post-accident procedure will help you avoid many mistakes and make good decisions on whether or not an accident may be considered an accident at work. Unless the work accident is serious, the whole thing will probably end with a short-term sick leave and sickness benefit. Things get complicated when the injured worker suffers a serious injury and is unable to work. The employers can be held criminally and civilly liable for accidents at work, which is why it is so important to remember about prevention, i.e. to comply with OSH regulations.

Do you have questions about accidents at work or changes in labour legislation? You are welcome to contact our experts.

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Michał Prokop

Attorney at law (Poland)

Associate Partner

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