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Post-Accident Documentation

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Post-accident documentation is an extremely important element of securing a company against potential claims and liability arising from an accident that may have occurred on the company’s premises. It should be prepared already in the planning and organization stage of work and include all information regarding safety and protection procedures implemented in the company, as well as accident prevention activities.

Post-accident documentation is defined by the Act of October 30, 2002, on social insurance against accidents at work and occupational diseases (Journal of Laws of 2009, No. 167, item 1322, as amended). According to this provision, an accident at work is a sudden event caused by an external factor resulting in injury or death that occurred in connection with work. The causes of a work accident are also determined by the suddenness of the event, its connection to work, the external cause, and its consequences.

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The applicable regulations specify a number of obligations that an employer should fulfill in the event of a workplace accident in their company:

  • Providing first aid to the injured parties.
  • Securing the accident site.
  • Establishing an accident response team.
  • Determining the circumstances and causes of the accident.
  • Drafting and approving the post-accident protocol, as well as preparing the statistical accident card for the Central Statistical Office (GUS), i.e., preparing post-accident documentation.
  • Identifying preventive measures and recommendations.

The circumstances and causes of the accident are determined by a two-person accident response team appointed by the employer. The team consists of a health and safety service employee and a social labor inspector. However, there are exceptions based on the employment structure in the company and the adopted system for implementing occupational health and safety tasks by the employer.

In cases where the employer is not obligated to establish a health and safety service according to Article 237 § 1 of the Labor Code, the accident response team may include the employer or an employee assigned to perform other duties, entrusted with occupational health and safety tasks, or an external specialist.

If the employer does not have a social labor inspection, the accident response team may include a workers’ representative with a valid certificate of completion of training in occupational health and safety instead of a social labor inspector.

In situations where the employer cannot form an accident response team due to a small number of employees, the circumstances and causes of the accident are determined by a team consisting of the employer and an external specialist.

The accident report should include the following elements:

  • Identification of the employer, specifying their personal data, business address, ID card or other document confirming identity, as well as the PKD code, NIP, and REGON numbers.
  • Identification of the individuals forming the accident response team.
  • Determination of the exact circumstances and causes of the accident.
  • Specification of the precise time and date of the accident.
  • Statement regarding whether there was a violation of occupational health and safety rules or other regulations related to health protection by employees or the employer, along with the presentation of relevant evidence.
  • Determination of whether the exclusive cause of the accident was a violation of occupational health and safety regulations by the injured employee or intentional actions or gross negligence leading to the accident, along with the presentation of necessary evidence.
  • Determination of whether the employee was under the influence of alcohol, other intoxicating substances, or psychotropic substances that significantly contributed to the workplace accident during the performance of their duties.
  • Specification of the consequences of the accident.
  • Identification of the type of accident.
  • Submission of recommendations and indication of preventive measures.

In the case of discrepancies in the opinions of the members of the accident response team, the employer has the authority to decide on the content of the prepared protocol.

The team prepares the accident report no later than within 14 days from the date of the accident report and promptly submits it for approval by the employer. The employer is obliged to approve the content of the protocol no later than within 5 days from its preparation. In case of failure to meet this deadline, the team is obligated to state the reasons for the delay in the protocol.

The cost depends on:

  • the type of accident (severe/light/fatal/mass),
  • the location of the company where the accident occurred,
  • the type of documentation (accident report/accident card).

The cost includes:

  • visiting the company where the accident occurred,
  • preparing the required legal documentation,
  • further consultations after preparing the documentation, including the implementation of preventive measures.
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Legal Solutions Regarding Compensation for Workplace Accidents: 

If an event is considered a workplace accident, the employee has the right to receive benefits from social insurance at the Social Insurance Institution (ZUS). Additionally, the employee can demand compensation from the employer for the loss of personal items or items necessary for work. Furthermore, according to Article 92, § 1. 1 of the Labor Code, the employee is entitled to 100% of the salary during the period of incapacity for work. Moreover, Article 53, § 1. 1 of the Labor Code states that the employer is also prevented from terminating the employment contract without notice, in the case where the employee’s incapacity for work is shorter than 6 months, and this incapacity was caused by a workplace accident.

Cases Requiring Immediate Notification to the State Labor Inspectorate:

The employer is obligated to promptly deliver accident protocols regarding the circumstances and causes of fatal, serious, and collective accidents to the relevant labor inspector at the State Labor Inspectorate. This allows the labor inspector to check whether the protocol establishes the circumstances and causes and whether it includes findings violating the rights of the employee or containing incorrect preventive conclusions. In case of discrepancies, the inspector may return the document to the employer and request a re-determination of the circumstances and causes of the accident.

Preparation of Accident Documentation for Companies in Warsaw:

In the event of a workplace accident, we prepare an accident protocol containing information about the causes and circumstances of the workplace accident. 

The form of preparing the accident protocol and the statistical accident report is regulated by relevant legal acts, namely the Regulation of the Council of Ministers of July 1, 2009, regarding the determination of circumstances and causes of workplace accidents (hereinafter referred to as the r.u.o.p.w.) and the Regulation of the Minister of Labor and Social Policy of January 7, 2009, regarding the statistical accident report.

  • Article 7 of r.u.o.p.w. indicates that it is necessary to “inspect the place of the accident, the technical condition of machines and other technical devices, the condition of protective equipment, and examine the working conditions and other circumstances that may have had an impact on the occurrence of the accident (…).”

Other accident documentation is prepared in the event of an accident during the journey to or from work.

The definition of an accident during the journey to or from work is provided in Article 57b, paragraph 1 of the Act on Pensions and Disability Pensions from the Social Insurance Fund (consolidated text, Journal of Laws of 2016, item 887).

A sudden event caused by an external factor that occurred on the way to or from the place of employment or other activities constituting the basis for disability insurance if this route was the shortest and was not interrupted.

Even if the route is interrupted, the event may still be considered an accident on the way to/from work. This applies to a break that is justified by life circumstances and if its duration does not exceed the limits of necessity. Additionally, when the route, although not the shortest, was the most convenient for the insured due to transportation reasons.

The journey to or from work is considered not only the journey from home to work or from work to home but also the journey to or from the place:

1) of other employment or other activities constituting the basis for disability insurance;

2) of performing ordinary professional or social duties;

3) of having ordinary meals;

4) of studying or attending courses.

The employer is obliged to provide employees, for permanent use, with current safety and health instructions regarding:

1) processes used in the plant and the performance of work related to accident or health hazards to employees;

2) operation of machines and other technical devices;

3) handling materials harmful to health and dangerous;

4) providing first aid.

In case an employee has had an accident that meets the criteria specified in Article 57b of the Act on Pensions and Disability Pensions from the Social Insurance Fund, they should immediately notify the employer.

Preparation of Accident Protocol in Warsaw:

Detailed occupational accident procedures are defined by the regulation of the Minister of Labor and Social Policy of December 24, 2002, regarding detailed principles and procedures for recognizing an event as an accident on the way to or from work, the method of documenting it, the pattern of an accident report on the way to or from work, and the deadline for its preparation (Journal of Laws of 2013, item 924).

Occupational accident documentation, in this case, the accident report, should be prepared after determining the circumstances and causes of the event, no later than 14 days from the date of notification of the accident, in two copies, one of which is given to the injured party or a family member, and the other is kept in accident documentation.

What is the Cost of preparing accident documentation in Warsaw with EHS Consulting? 

If you are interested in our services, check the cost of accident documentation for a workplace accident in our price list. We encourage you to contact us and establish cooperation – EHS Consulting OHS service.

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