Work
7 listopada 2018

Accident at work. How to apply for compensation?

Statistics on accidents at work in Poland are very worrying and, unfortunately, the following years have not brought about any significant improvement in this area, and in some respects we can even speak of a worsening of the situation. According to the Central Statistical Office, in 2017 the number of people injured in accidents at work amounted to 88330, which was 0.5% higher than in the previous year.

Particularly alarming is the fact that the number of accidents with severe consequences (41% higher than in 2016) and fatalities (12.6% higher) has increased. The industrial processing industry has been the most resultant sector for many years (29057 injured persons), followed by trade, vehicle repair, health care, transport, warehouse management and construction (the highest number of fatalities, i.e. 58).

Victims of accidents at work are entitled to compensation from the Social Insurance Institution (ZUS), and if the accident occurred due to the employer's fault (especially in circumstances such as: preparation of a workplace in breach of the law, lack of appropriate training and medical examinations or failure to equip the employee with protective clothing), also from the employer's third party liability insurance policy. How to apply for compensation?

Every accident at work must be reported immediately to the employer. In such a situation, it is the employer's duty to establish a post-accident team to determine the causes of the accident, its circumstances and the perpetrator. The findings must be included in the accident report, which the injured party should read; if the content of the document gives rise to concern, the injured party has the right to make comments and reservations.

In order to receive ZUS compensation, once the treatment and rehabilitation process has been completed by the attending doctor, it is necessary to go to the ZUS practitioner. One-time compensation depends on the percentage of permanent or long-term health impairment and amounts to 20% of the average monthly remuneration for each percentage of permanent or long-term health impairment (the nearest persons who lost their lives as a result of an accident at work may also apply for one-time compensation). In the event of an accident at work, an employee or his/her family members are also entitled to: sickness benefit, rehabilitation benefit, compensation benefit, disability pension, training pension, nursing allowance, reimbursement of costs, medical treatment, family pension for the family members of the deceased employee.

If you are wondering if an incident at work entitles you to claim compensation for an accident at work, or if at any stage of the case you encounter difficulties (e.g. ZUS refuses to grant compensation) - we encourage you to contact a law firm.

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