Most people who have had an accident at work only claim one-off compensation from the Social Insurance Institution (ZUS). As it turns out, however, in addition to this, in some cases you may also be able to claim compensation from your employer. Who should apply for them and in what circumstances?

It is well known that for accidents occurring on the way to, from or at work, an employee is entitled to one-off compensation from the Social Insurance Institution (ZUS). The relevant medical committee then decides on the level of health impairment, and for each percentage of permanent health impairment a specific amount is paid (currently PLN 757).

However, if the employer is to blame for the whole event, the injured party may also claim compensation - this time from the entrepreneur's third party liability insurance (or "pocket"). When is it possible to obtain it?

- This applies, above all, to accidents that have occurred due to safety negligence. Failure to provide protective clothing, failure to meet appropriate health and safety conditions or lack of training e.g. to work at a height - all this undoubtedly proves the employer's mistake and his failure to fulfil his obligations - explains Dariusz Puczydłowski from the Pro Bono Law Office.

How to prove guilt?

In such situations we are dealing with civil proceedings, so proving guilt lies with the injured party. Due to the fact that in some cases it can be quite difficult, many employees decide to put the case in the hands of a professional attorney, unfortunately many also resign from exercising their rights, being convinced that it is too difficult.

- To determine the guilt of the employer will certainly be useful both the testimony of witnesses to the incident and the documentation confirming any breaches of safety. And so, the lack of a certificate of attendance at a health and safety course or work at height makes us assume that this training did not take place at all - adds D. Pczydłowski.

Risk principle

What is interesting, often the employer's responsibility does not result from causing the whole event, but is based on the so-called principle of risk. In other words, the mere fact of an accident automatically gives rise to an obligation on the part of the employer to pay the relevant benefit.

- This applies to all plants "set in motion by the forces of nature", which in practice means workplaces that would not be able to function without electricity, gas, steam or fuel - says Dariusz Puczydłowski.

As you can easily deduce, this principle applies to the vast majority of today's construction, transport and even IT companies and applies to everyone on their territory.

In such a situation there is therefore no need to prove the fault of the employer. It is sufficient only to show that the accident took place during the performance of certain activities related to the functioning of the company - unless, of course, the event was not caused by the injured party (who, for example, did not wear protective gloves) or other employees.

Amount of compensation

Contrary to appearances, an employer does not need to be insured to pay compensation - he then pays the cost of compensation "out of his own pocket". On the other hand, if you have a third party insurance policy, the application is immediately directed to the insurance company and it is the insurance company that becomes responsible for the claims of the injured party.

- The amount of compensation depends on the damage suffered. It is not only about health impairment, but also about stress related to the lack of possibility to continue working and the related significant deterioration of the life situation of the whole family - says D. Puczydłowski.

In case of minor damages (such as broken arm without complications) you can count on compensation in the amount of several to several thousand zlotys. In more serious cases - even several hundred thousand or even several million zlotys. In addition, there may also be a pension for the future or the cost of medical treatment, the purchase of a prosthesis or wheelchair, or the cost of retraining.

Such events shall become statute-barred after three years. However, many victims do not seek redress for fear of negative consequences at work. It is worth remembering, therefore, that the employer cannot in any way take revenge for asserting his rights, and any form of persecution or harassment will entitle the employee to further compensation.