🛠️ When is an accident an accident at work? A practical guide for workers and employers
- dariakalenikova
- May 8
- 3 min read
Accidents at work are not only serious incidents on a construction site or in a factory. Even seemingly trivial incidents, such as slipping in an office, can qualify as accidents at work if they meet certain criteria. Knowledge of these rules is crucial for both workers and employers.
📌 Definition of accident at work
According to the Act of 30 October 2002 on social insurance for accidents at work and occupational diseases, an accident at work is defined as a sudden event caused by an external cause, resulting in injury or death, which occurred in connection with work.
The connection to work can occur in the following situations:
when the employee carries out his/her normal activities or the instructions of his/her superiors,
during the employee's performance of activities for the employer, even without instruction,
while the employee is at the employer's disposal on the way between the employer's premises and the place of performance of the duty arising from the employment relationship.
✅ Four conditions for an incident to be considered an accident at work
In order for an event to be classified as an accident at work, the following conditions must all be met:
Suddenness of the event - the event must be sudden, i.e. occur within a short period of time, usually within one work shift.
External cause - the event must be caused by an external factor, independent of the employee's state of health.
Work-related - the event must be work-related, as described above.
Injury or death - the event must result in injury or death to the worker.
🧯The most common examples of accidents at work:
a fall from a ladder or scaffolding,
slipping in a warehouse or office,
being struck by machinery or a structural component,
chemical or thermal burns,
electrocution while repairing an installation,
poisoning from chemical fumes,
being crushed by goods during unloading.
Such situations are unfortunately an everyday occurrence - according to the Central Statistical Office (CSO), there were more than 60 000 accidents at work in Poland in 2023.
❌ When is an incident not an accident at work?
An incident will not be considered an accident at work if:
No work-relatedness - the incident occurred during leisure time or while attending to private matters.
No external cause - the event was the result of purely internal causes, e.g. a chronic illness.
No suddenness of the event - the event was not sudden, e.g. the pain increased gradually.
No effect of injury or death - the event did not cause any injury or health effects.
💰 What benefits are available to the injured party?
If the incident is officially recognised as an accident at work, the employee may receive:
sickness benefit of 100% (not 80% as with ordinary L4),
rehabilitation benefit,
one-time compensation from the Social Insurance Institution (ZUS),
disability pension,
reimbursement of medical expenses (e.g. orthopaedic supplies),
and, in the event of death, a survivor's pension for relatives.
⚠️ When are benefits not due?
If the employee contributed to the accident:
was under the influence of alcohol or drugs,
grossly breached health and safety regulations (e.g. deliberately switched off the safety device of a machine),
refused to take a sobriety test - may lose the right to compensation
Accidents at work can have serious health and financial consequences. That is why it is so important to follow health and safety rules and to make sure workplaces are properly protected. In the event of an accident, the employee should immediately report the incident to the employer and take advantage of the benefits to which they are entitled.
