Can a road traffic collision at the fault of an employee be regarded as an accident on the way to work?

An accident that is not caused by a road traffic collision should be classified as an accident on the way out of work. Consequently, for the period of incapacity for work caused by that event, the worker is entitled to remuneration and sickness benefit of 100% of the basis for their assessment. The employee’s fault is not relevant to the legal classification of the event and does not affect the right to benefits due to accidents on the way from work or their amount.

An accident on the way to or from work shall be deemed to be an accident:

  • sudden,
  • caused by an external cause,
  • which occurred on the way to or from the place of employment or other activity constituting the title of invalidity insurance, if that route was the shortest and not interrupted, unless the break was justified in life and its duration did not exceed the limits of need, or the road, without being the shortest route, was, for communication reasons, the most convenient.

It is therefore not apparent from the definition of an accident on the way to or from work that the fault of the worker, including his degree, is relevant for assessing whether the accident suffered by the worker was an accident on the way to or from work. Thus, it the employee was involved in a traffic collision and the incident occurred on the way out of work, the employer is obliged to write down an accident report and to consider the accident as an accident on the way to or from work, even if the employee has contributed to it in any way.

The recognition of an event as an accident on the way to or from work is closely linked to the employee’s sickness benefits. If he has become incapacitated as a result of such an accident, he shall be entitled to:

  • the right to sick pay in the amount of 100% of its assessment base – for the duration of incapacity lasting a total of up to 33 days during the calendar year, and in the case of a worker who has completed 50 years of age – lasting a total of up to 14 days during the calendar year (Article 92 § 1 paragraph 2 of the Labour Code), and then
  • the right to sickness benefit paid from sickness insurance in the amount of 100% of the basic amount of the allowance, including for the period of stay in hospital (Article 11(2)(3) of the Law on social security cash benefits in the event of sickness and maternity).

Even proven fault of the worker does not in any way affect his right to the benefits indicated in connection with an accident on the way to or from work. There are no provisions which indicate a link between the right to do so or their amount and the contribution of the worker to causing an accident on the way to or from work. Such adjustments shall apply to accidents at work.

Source: https://kadry.infor.pl/kadry/bhp/wypadki_przy_pracy_i_choroby_zawodowe/3051142,Kolizja-drogowa-z-winy-pracownika-a-wypadek-w-drodze-z-pracy.html

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