An accident at work can have serious consequences – for health, career and finances. Injuries sustained at work often involve long treatment, rehabilitation, temporary inability to work and sometimes permanent damage to health.

Depending on the circumstances, the injured person may be entitled to benefits from ZUS (the Polish Social Insurance Institution) and, in some cases, also to compensation, damages or an annuity from the employer or its insurer.

Our firm handles cases concerning accidents at work and compensation for injured employees. We analyse the course of the incident, the accident and medical documentation, establish possible grounds for liability and help claim the benefits due.

What cases do we handle?

We handle, among others, cases concerning:

• falls from height, ladders, scaffolding and platforms,
• accidents on construction sites,
• injuries caused while operating machinery and equipment,
• being crushed or struck by machine parts or other objects,
• accidents involving forklifts and vehicles used at the workplace,
• slips and falls on company premises,
• electric shocks,
• burns and contact with hazardous substances,
• accidents while performing duties outside the employer’s premises,
• serious and fatal accidents at work.

Not every incident at the workplace will automatically be recognised as an accident at work. What matters is the circumstances of the injury, its cause and whether the incident was connected with the work performed.

ZUS compensation after an accident at work

A person who has had an accident at work may be entitled to benefits from accident insurance.

Depending on the consequences of the incident, these may include:

• sickness benefit,
• rehabilitation benefit,
• a one-off compensation for permanent or long-term damage to health,
• a disability pension,
• benefits for family members in the event of the employee’s death.

We also help where ZUS refuses to grant a benefit or assesses the degree of damage to health at a level the injured person does not agree with. In such cases we analyse the documentation and the possibility of filing an appeal.

Can you claim compensation from your employer?

In some cases, ZUS benefits do not cover all of the injured person’s claims.

If the accident occurred, for example, due to health and safety failings, lack of proper safeguards, poor organisation of the workstation or faulty equipment, it may be possible to pursue additional claims against the employer or its insurer.

This does not mean, however, that the employer is liable for every accident at the workplace. In each case it must be established whether there are legal grounds to hold it liable and whether there is a sufficient link between a specific action or omission and the damage suffered.

What claims can you pursue?

The scope of benefits depends primarily on the consequences of the accident and the injured person’s situation.

It is possible to claim, among other things:

• reimbursement of treatment and rehabilitation costs,
• the cost of medicines and medical equipment,
• the cost of care and assistance from third parties,
• travel costs to treatment and rehabilitation,
• lost income,
• the cost of vocational retraining,
• benefits related to increased needs after the accident,
• an annuity in the case of long-term consequences of the injury,
• damages for pain, suffering and other consequences of the accident.

If an accident at work led to the employee’s death, certain benefits may also be claimed by their closest relatives.

The accident report – why is it important?

In cases concerning compensation for an accident at work it is very important to establish the circumstances of the incident correctly.

After an accident, the employer should carry out a post-accident investigation to establish its causes and course. This information is then recorded in the accident report.

It is worth checking its content carefully. If the description of the incident is incomplete, inconsistent with what actually happened or omits important circumstances, this may matter at a later stage of claiming benefits.

Other useful items in the case may include:

• medical records,
• photos and videos from the accident scene,
• witness statements,
• health and safety documentation,
• operating instructions for equipment and the workstation,
• documents on completed training,
• bills and invoices related to treatment,
• documents confirming the amount of lost income.

Accident at work under a contract of mandate

Not having an employment contract does not always mean the injured person cannot pursue claims.

People working under a contract of mandate or another civil-law contract may, in certain situations, be covered by accident insurance. Regardless of this, it is also worth examining whether the circumstances of the incident justify civil liability of the entity for which the work was performed.

Such cases always require individual analysis.

Accident on the way to or from work

An accident on the way to or from work is treated differently from an accident at work. This does not mean, however, that the injured person is not entitled to any benefits.

In such a case, it is important to classify the incident correctly and establish what forms of protection are available.

Help after an accident at work

Every accident at work is different, so before taking further steps we analyse both the course of the incident and its consequences.

We review the medical and accident documentation, identify possible sources of benefits and assess whether, apart from claims against ZUS, there are grounds to bring claims against the employer or insurer.

We help at the stage of submitting claims, in proceedings before ZUS and the insurer and, if necessary, in court proceedings.

Our aim is to obtain benefits for the injured person that reflect the real consequences of the accident at work and its further effects.