In order for an event occurring in the workplace to be called a workplace accident, four main conditions must be met. The accident must be:  

• of external cause – if the cause is both external and internal, the external cause must be the main reason for the accident (actions of third parties or damaged equipment),  

• work-related – the accident must occur while the employee was performing his duties at the employer’s command or without the employer’s command, but in the course of performing activities for the employer; an accident is work-related when the employee is moving around but is constantly at the employer’s disposal (e.g., traveling between the company’s headquarters and the place of permanent performance of duties)  

• sudden – a sudden accident is considered to be one that happens during the course of work, i.e. a car accident or electrocution.  

• associated with injury to the body or internal organs or resulting in the death of the employee – examples of injuries include fractures, cuts, burns or frostbite, as well as poisoning or mental shock, which is a consequence of stressful conditions.   

Types of accidents at work include:

• fatal accident, resulting in the death of the employee within 6 months of the accident,  
• severe accident, resulting in bodily injury, such as damage to hearing, sight, speech or reproductive capacity, disfigurement or disfigurement of the body,  
• light accident, resulting in temporary incapacity for work   
• a collective work accident, if at least two people suffered injury in the accident.

What are the implications of an accident at work?  

An accident at work is defined in Article 234 of the Labour Code. The employer’s duties in such a situation include:  

• reducing or eliminating the hazard in its entirety,  
• providing first aid to injured persons,  
• securing the scene,  
• immediately informing the relevant labor inspector and the public prosecutor if a serious, fatal or collective accident has occurred,  
• appointing an accident team,  
• making a determination of the circumstances and causes of the accident,   
• implement recommendations and preventive measures,  
• ensuring the preparation of an accident report,  
• approval of the accident protocol,  
• delivery of the accident protocol to the relevant labor inspector in situations of fatal, serious and collective accidents,  
• registration of the accident in the register of accidents at work,  
• preparation of an accident card.   

Accident documentation should be prepared no later than within 14 days of receiving notice of the accident. If it takes more than 14 days to determine the cause of the accident, the documentation should describe the reasons for the delay. 

Compensation and benefits for an injured worker 

For an insured employee who is injured in the course of work, there is sick leave. Through the employee’s exemption, the employee is entitled to receive a benefit from accident insurance. In order for an employee to receive 100% of the wages from accident insurance, it must be shown that the employee’s actions did not contribute to the accident. If the accident occurred due to the direct fault of the employee, he is entitled to 80% of the salary. Social Security benefit is paid for no more than 182 days.   

Benefits for the injured employee include:  

• sickness benefit,  

• rehabilitation benefit,  

• compensation benefit,   

• one-time compensation,  

• disability pension, 

• training pension, 

• survivor pension, 

• supplement to survivor’s pension, 

• nursing allowance, 

• benefits in the form of coverage of medical expenses in the field of dentistry and immunization, and provision of orthopedic items to the extent specified by law. 

Text based on: https://www.pip.gov.pl/dla-sluzb-bhp/porady-prawne/wypadek-przy-pracy; https://poradnikpracownika.pl/-wypadek-przy-pracy-nalezne-swiadczenia