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The definition of an accident at work is set out in Article 3 of the Act of 30 October 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 cause resulting in an injury or death, which occurred in connection with work.
In the presented definition there are 4 elements that have to occur together for a given event to be considered an accident at work. These are:
The legislation in force indicates a number of obligations to be fulfilled by the employer in a situation where an accident at work has occurred in his company:
If there is an accident at work, we will draw up an accident report, which will include information on the causes and circumstances of the accident at work.
The form of drawing up an accident report and a statistical record of an accident is regulated by relevant legal acts, respectively the Regulation of the Council of Ministers of 1 July 2009 on determining the circumstances and causes of occupational accidents (hereinafter: r.u.o.p.w.) and the Regulation of the Minister of Labour and Social Policy of 7 January 2009 on statistical records of accidents at work.ypadku przy pracy.
§ 7 r.u.o.p.w. indicates that it is necessary “to inspect the place of the accident, the technical condition of machinery and other technical devices, the condition of protective devices and to examine working conditions and other circumstances which could have influenced the accident (…)”.
Other post-accident documentation will be prepared in the case of an accident on the way to or from work.
The definition of an accident on the way to or from work is contained in Article 57b(1) of the Act on Pensions from the Social Insurance Fund (consolidated text in DzU of 2016, item 887).
According to the cited provision, an accident on the way to/from work is considered as:
Even though the route was interrupted, the event can be considered as an accident on the way to/from work. This applies to a break that is justified in life and if its duration did not exceed the limits of necessity. In addition, if the route, although not the shortest, was the most convenient for the insured person from a transport point of view.
In addition to the journey from home to work or from work to home, the journey to or from a place is also considered to be a journey to or from a place:
1) other employment or activity giving rise to disability insurance;
2) the habitual performance of professional or social functions or tasks
3) normal consumption of meals
4) pursuing education or studies.
If an employee suffers an accident that meets the characteristics set out in Article 57b of the Act on Pensions from the Social Insurance Fund, he should immediately notify his employer.ezpieczeństwa i higieny pracy dotyczące:
The detailed procedure is set out in the Ordinance of the Minister of Labour and Social Policy of 24 December 2002 on the detailed principles and procedure for recognising an event as an accident on the way to or from work, the manner of documenting it, the model card of an accident on the way to or from work and the time limit for its preparation (DzU of 2013, item 924).
Accident documentation, or in this case the accident card, should be prepared after establishing the circumstances and causes of the event, not later than within 14 days of being notified of the accident, in two copies, one of which is given to the injured person or a member of their family, and the other is kept in the accident documentation.
Regulation of the Minister of Family, Labour and Social Policy of 24 May 2019 on the model protocol for establishing the circumstances and causes of an accident at work.
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