Regardless of how much a company strives to protect employees, comply with occupational health and safety regulations, and provide proper equipment, accidents can still happen in any workplace. In such situations, under labor law, the employer is required to take actions that ensure assistance for the injured and eliminate further risks. What is a workplace accident?
Workplace accident — definition
A workplace accident is defined as a sudden event caused by an external factor that results in injury or death and is related to the performance of work . Certain criteria must be met for an event to be classified as a workplace accident:
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The event must occur during or in connection with performing work duties or following employer instructions,
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In connection with work performed for the employer, even without explicit instructions,
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While traveling between the workplace and the location where duties are performed, when the employee remains at the employer’s disposal.
Types of workplace accidents
The law distinguishes between individual and collective accidents. The latter applies to incidents involving at least two people. Additionally, based on severity, accidents are classified as minor, serious, or fatal.
Minor accidents involve relatively small injuries such as sprains, dislocations, minor burns, or non-displaced fractures. Serious accidents involve severe or permanent damage, including:
Loss of vision, hearing, or speech
Loss of reproductive ability
Damage to vital bodily functions
Incurable diseases
Mental disorders
Permanent or significant disfigurement
Total or partial incapacity to work in the profession
The most severe category includes fatal workplace accidents.
Fatal workplace accident
A fatal workplace accident refers to the death of an employee as a result of a workplace incident. This also includes situations where death occurs later, but no later than six months after the accident . However, not every death at work is classified as a workplace accident. For example, sudden illness leading to death may not be considered work-related if it results from underlying medical conditions rather than external factors.
All workplace accidents are subject to specific procedures that the employer must follow. What do regulations say about employer obligations in such situations?
Reporting a workplace accident — employer obligations
First and foremost, in the event of an accident, the employer must take actions to eliminate further risks. This means stopping all machinery and equipment and cutting off energy sources. At the same time, the employer must provide first aid to the injured.
Further employer obligations include determining the causes and circumstances of the accident and taking appropriate measures to prevent similar incidents in the future. The employer bears the costs associated with these procedures and improvements. In cases of serious, fatal, or collective accidents, the employer is required to notify the appropriate labor inspector and prosecutor, and may face penalties if this obligation is not fulfilled. What does the reporting process involve?
Workplace accident reporting — procedure
An employee should report any accident or health-related incident to the employer. If the employee is unable to do so, a witness should notify the employer and attempt to provide first aid. Once informed, the employer must immediately report the incident to a health and safety specialist or inspector.
The report may be submitted in person, by phone, or by email, but it must include key details such as the date and time of the accident, information about the injured person, the nature of injuries, the location, and a description of the event. It should also include witness information and whether emergency services were called.
Since 2012, Poland has used the so-called accident report card , which documents the circumstances, causes, course, and consequences of the accident . It is prepared by the entity responsible for investigating the incident and is required to obtain compensation from the social security institution (ZUS) or an insurance company.
Compensation for workplace accidents
Due to social insurance contributions paid to ZUS, every employee is entitled to compensation in the event of a workplace accident or occupational disease. A specific amount is paid for each percentage of permanent or long-term health impairment. The degree of impairment and its connection to the accident is determined by a medical examiner or a ZUS medical board, usually after treatment or rehabilitation is completed.
The injured employee must submit an application for compensation, including the accident report, employer-approved documentation, and a medical form confirming that treatment or rehabilitation has been completed.
A one-time compensation payment amounts to 20% of the average salary for each percentage of health impairment. This applies not only to full-time employees but also to those working under civil law contracts.
In the case of a fatal workplace accident, close family members are entitled to compensation from ZUS. The application procedure is the same. Additionally, if the employee had private or group insurance, they may also claim compensation from the insurance provider.