Post-accident proceedings - Accident at work
An accident at work brings chaos, stress, and uncertainty. At a time like this, you need a partner who acts like a true emergency service – quickly, professionally, and with complete understanding of the situation. We offer comprehensive support in handling post-accident proceedings, from A to Z, relieving you of the burden of complicated and urgent formalities.
Accident at work - legal definition
Art. 3. [Accident at Work] of the Act on Social Insurance for Accidents at Work and Occupational Diseases
1. An accident at work is defined as a sudden event caused by an external cause, resulting in injury or death, occurring in connection with work:
1) during or in connection with the employee’s performance of ordinary duties or instructions from superiors;
2) during or in connection with the employee’s performance of duties for the employer, even without instructions;
3) while the employee is at the employer’s disposal on the way between the employer’s registered office and the place of performance of duties arising from the employment relationship.
2. An accident at work is considered equivalent to an accident to which an employee has been subjected:
1) during a business trip in circumstances other than those specified in paragraph 1, unless the accident was caused by the employee’s conduct unrelated to the performance of assigned duties;
2) during training in general self-defense;
3) while performing tasks assigned by trade unions operating at the employer.
Does the above definition of an accident at work sound incomprehensible?
To explain it in a slightly more pleasant language, we can understand it as:
4 Elements of the definition of an accident at work that must occur together:
Sudden event:
An unpredictable event that surprises the employee and is sudden.
Note!
The National Labor Inspectorate (PIP) defines the suddenness of an event as the employee’s working day!
If an employee was scheduled to work 8 hours on a given day, and an accident occurs during those 8 hours, then we are dealing with suddenness!
External cause:
The cause of the incident lies outside the employee’s body (e.g. fall, impact, machine failure).
Relationship with work:
The event is related to the performance of official duties, even if it did not occur in an office. This includes:
- Performing ordinary duties or official instructions.
- Performing duties for the employer, even without instructions.
- Routes to or from work/other employment, under certain conditions (e.g., the shortest, most convenient, or reasonably interrupted).
- Business trips
Injury or death:
Injury:
Damage to body tissues or organs caused by an external factor.
- This can include a wide range of injuries, such as cuts, fractures, burns, or the loss of body parts.
- Even a significant deterioration in health can be considered an injury.
Death:
In the context of an accident at work, pursuant to Article 3 of the Act on Social Insurance for Accidents at Work and Occupational Diseases, death occurs within a period of no more than six months from the date of the accident.
When is our help necessary?
- Accident at work (including minor, serious, fatal, and collective),
- Accident on the way to or from work,
- An accident treated as an accident at work.
What does the collaboration process look like?
1
Appointment and management of a post-accident team: We act as external experts on your team.
2
Determining the circumstances and causes: We conduct an on-site inspection, collect explanations from the injured party and witnesses, and collect the necessary evidence.
3
Legal classification of the event: We assess whether the event meets all four statutory conditions for the definition of an accident at work.
4
Preparation of a post-accident report: We prepare complete, legally required documentation, including the key Post-Accident Report, within the statutory period of 14 days.
5
Completing documentation for ZUS: We help prepare all documents needed by the employee to apply for benefits.
6
Development of preventive proposals: After completing the proceedings, we present specific proposals that will help avoid similar incidents in the future.
Key benefits for your business
- Correctness and timeliness: We guarantee that the entire post-accident procedure will be carried out in accordance with regulations and within the required deadlines.
- Peace of mind and time savings: We handle all formalities, allowing you to focus on supporting the employee and the ongoing operations of your company.
- Legal protection and risk minimization: A correctly prepared report protects you against potential claims and legal consequences.
- Expert support at every stage: We are with you from the moment of reporting the accident until the completion of the procedure and submission of the documentation to the Social Insurance Institution (ZUS).
Important: Obligation to report the accident to the National Labor Inspectorate and the Prosecutor's Office
Remember that as an employer, you are obligated to immediately notify the appropriate district labor inspector and prosecutor of any fatal, serious, or collective accident. We will help you properly fulfill this crucial obligation.
Frequently Asked Questions (FAQ)
How long does it take to prepare an accident report?
The accident investigation team is required to prepare the report no later than 14 days from the date of receiving notification of the accident.
What is the difference between an accident at work and an accident on the way to or from work?
The main difference lies in the procedure – for an accident on the way to or from work, an accident report is not prepared, but an Accident Card. The basis for granting benefits by the Social Insurance Institution (ZUS) is also different.
What are the consequences of errors in the accident report?
Errors can lead to the report being challenged by the Social Insurance Institution (ZUS) (denial of benefits for the employee) or the National Labor Inspectorate (PIP) (penalty for the employer). They can also constitute grounds for the employee to pursue legal claims.
What do our customers say?
Have you had an accident at work? Act quickly and professionally..
Don’t let formal errors expose you to consequences. We ensure efficient and reliable handling of the entire post-accident process, protecting the interests of your company and the injured employee.