Even in an office you can trip on the stairs, fall off a chair or cut yourself. This lesson explains what counts as an accident at work, what the employee does and what the employer must do.
What an accident at work is
Under Article 3(1) of the accident insurance act, an accident at work is a sudden event caused by an external cause that results in injury or death and occurred in connection with work. This covers an event that took place:
- during or in connection with carrying out ordinary duties or a supervisor's instructions,
- during or in connection with carrying out duties in the employer's interest, even without an instruction,
- while the employee was at the employer's disposal on the way between the employer's premises and the place where the duty is carried out.
Examples in an office: a fall on a wet floor, tripping over a cable, a hand caught in a door, an electric shock from a damaged appliance.
Simply falling ill, for example a migraine or a cold, is usually not an accident at work, because there is no external cause. The assessment depends on the circumstances, which is why it is worth reporting every event at work.
An accident on the way to or from work
An accident on the way to or from work is not an accident at work within the meaning of Article 3, but it has its own rules (Article 57b of the Act on pensions and disability benefits from the Social Insurance Fund). The event must be sudden and caused by an external cause, and the route must be the shortest and uninterrupted. Short breaks justified by the needs of everyday life are allowed. The accident is reported to the employer, who establishes the circumstances under separate rules.
What the employee does
- Stop and secure the place if there is a risk of further injury.
- Give help to yourself or others (see the lesson on first aid). For a serious injury, call 112.
- Notify your supervisor without delay. This duty comes from Article 211. It applies to your own accident, if your health allows it, and to an accident you witnessed.
- Do not change the scene, unless that is necessary to save people.
- Say what happened and help establish the causes.
- See a doctor, even if the injury seems minor, because the effects can appear later.
What the employer does
- Secures the place, gives help and appoints an accident investigation team (zespół powypadkowy).
- The team establishes the circumstances and causes of the accident and draws up a report no later than 14 days after the accident was reported (regulation of the Council of Ministers of 1 July 2009). The report follows the form set by the regulations.
- The injured person has the right to read the report and submit comments.
- In the case of a fatal, serious or collective accident, the employer notifies without delay the competent labour inspector and the public prosecutor (Article 234 of the Labour Code).
- The employer keeps a register of accidents and draws conclusions to prevent similar events.
- The employer bears the costs of establishing the circumstances and causes.
Benefits after an accident
Accident insurance (Article 6 of the accident insurance act) covers, among other things:
- sickness allowance during incapacity for work caused by the accident,
- rehabilitation benefit where further rehabilitation is meant to restore the ability to work,
- one-off compensation for permanent or long-term damage to health,
- a disability pension for incapacity for work, and other benefits.
The conditions for granting them are set by ZUS (the Social Insurance Institution). After an accident, it is worth keeping the medical documents and the report.
Occupational diseases
An occupational disease is a disease on the list set out in the regulations that is caused by exposure at work. A suspected case is reported by the employer or a doctor to the sanitary inspector and the labour inspector. An employee can do this through the doctor who provides their preventive health care (Article 235 § 2²). The decision on whether the disease is confirmed is taken by the State Sanitary Inspector. The best protection is a well set-up workstation and regular breaks.
Summary
- An accident at work is a sudden event with an external cause that results in injury or death, in connection with work.
- The employee notifies their supervisor without delay (Article 211).
- The accident investigation team draws up a report within 14 days.
- In the case of fatal, serious and collective accidents, the employer notifies the labour inspector and the public prosecutor.