An accident can happen even with the best rules. It is important to know what to do straight away and what rights you have afterwards.
What an accident at work is
Under the Act on social insurance for accidents at work and occupational diseases, an accident at work is a sudden event caused by an external cause, which results in injury or death and happened in connection with work.
Examples: a finger caught in a machine, a fall down the stairs at the company, a burn during work.
An accident on the way to or from work is a separate event with its own rules. Report it to the employer in the same way as an accident at the workplace.
What you do when someone has an accident
- Make things safe. Switch off the machine, cut the power, do not enter a dangerous place without protection.
- Give first aid and, if needed, call 112.
- Notify your supervisor without delay. This is the duty of everyone who notices an accident (Article 211(6)).
- Do not change the scene, if possible, so that the causes can be established. Exception: when you need to save a life or remove a danger.
- Remember witnesses and circumstances.
Even if the injury looks minor, report it. After a few days the effects can be more serious, and without a report it is harder to prove that it was an accident at work.
What the employer must do (Article 234)
- Take action to eliminate or reduce the hazard.
- Provide first aid to those injured.
- Establish the circumstances and causes of the accident in the prescribed way. This is done by an accident investigation team, and the result is a report.
- Apply measures so that a similar accident does not happen again.
- Notify the regional labour inspector and the prosecutor without delay of a fatal, serious or collective accident.
- Keep an accident register and keep the accident documentation for 10 years.
- Bear the costs of establishing the circumstances and causes of the accident.
The injured person can read the report. If they disagree with it, they can submit comments and objections. The accident investigation team should draw up the report within 14 days of being notified of the accident.
What you are entitled to after an accident
- Benefits from accident insurance (Article 237¹ § 1), for example a sickness allowance at a higher rate and, in case of permanent or long-term damage to health, a one-off compensation payment.
- Compensation from the employer for destroyed or lost personal items and items needed for work, except cars and valuables (Article 237¹ § 2).
- If you cannot do your previous work after an accident, the employer moves you to suitable work on the basis of a medical certificate (Article 231).
The specific amounts and conditions are set by ZUS (the Social Insurance Institution). Ask about them at ZUS or in the HR department.
Occupational disease
An occupational disease is a disease on the list of occupational diseases, if it can be established that it was caused by harmful factors at work (Article 235¹). It does not appear suddenly. It can show up after months or years, for example hearing damage from noise or a skin disease from chemicals.
- Suspected occupational disease is reported to the sanitary inspector and the labour inspector by the employer and the doctor. An employee or a former employee can also report it. A person currently employed does so through the doctor who provides their preventive health care (Article 235 § 2²).
- If you have symptoms, transfer to other work that does not expose you to the harmful factor takes place on the basis of a medical certificate (Article 230).
Key points
- An accident is a sudden event from an external cause, with injury, in connection with work.
- Always notify your supervisor without delay, even for a minor injury.
- The employer establishes the causes, keeps the register and keeps documentation for 10 years.
- An occupational disease develops slowly, and suspected cases are reported to the inspectors.