How is the contractor’s work accident accounted for?

Pursuant to the provisions of Art. 6 sec. 1 point 4 and art. 12 sec. 1 of the Act on the social insurance system, contractors are compulsorily subject to social insurance: retirement pension, disability pension and accident insurance. However, according to Art. 66 sec. 1 point 1 lit. e of the Act on health care services financed from public funds, contractors are also compulsorily covered by health insurance. There are, however, exceptions to the above rule – if the contractor has a different title to insurance, then in such a case he has an overlapping title to insurance. In this situation, it is possible to release the contractor and the principal from the obligation to pay social security contributions under the contract of mandate after meeting certain conditions. As a rule, social and health insurance are compulsory for the contractor, but sickness insurance is not. The contractor has the right to choose and may or may not be covered by voluntary sickness insurance. Joining this insurance guarantees the contractor – after passing the 90-day waiting period – the right to benefits from Social Insurance Institution in the event of inability to perform work under the concluded mandate contracts. The provisions of the act on social insurance against accidents at work and occupational diseases stipulate that an accident at work is a sudden event caused by an external cause, causing an injury or death that occurred:

  • during or in connection with the performance by the employee of ordinary activities or orders of his superiors;
  • during or in connection with the performance of activities for the employer by the employed person, even without an instruction;
  • while the employed person is at the disposal of the employer on the way between the employer’s seat and the place of performance of the obligation resulting from the employment relationship.

A contractor reported to social insurance, including accident insurance, is covered by the right to benefits from Social Insurance Institution in the event of an accident at work from the first day of reporting it to Social Insurance Institution. Contractors registered for accident insurance are entitled to the same social benefits as employees employed under a contract of employment. An accident at work of the contractor is treated as an accident at work of a person under an employment contract. Sickness benefit from accident insurance is granted in the amount of 100% of the calculation basis, based on documents confirming the reasons for its creation. It is important, however, that in order for the contractor to be entitled to an accident benefit, an accident at work must occur during the period of insurance under a given title and during the performance of activities related to a given title of insurance. This means that if the contractor is not declared under the contract of mandate for accident insurance, but has a title to this insurance resulting, for example, from the employment contract, then in a situation where he suffered an accident during the performance of the contract, this will not be the basis for granting benefits. from Social Insurance Institution.

Source: https://poradnikprzedsiebiorcy.pl/-jak-rozlicza-sie-wypadek-przy-pracy-zleceniobiorcy

Region Gdański NSZZ „Solidarność”

Projekt otrzymał dofinansowanie z Norwegii poprzez Fundusze Norweskie 2014-2021, w ramach programu „Dialog społeczny – godna praca”.

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