Article 3 of the Law on social insurance for accidents at work and occupational diseases introduces the definition of 'accident at work’. According to him, an „accident at work” is a sudden event caused by an external cause causing injury or death that occurred:

• during or in connection with the performance by the employee of the ordinary activities or instructions of his superiors;
• during or in connection with the performance of the employee’s activities on behalf of the employer, even without instructions;
• while the worker is at the employer’s disposal on the way between the employer’s registered office and the place where the obligation arising from the employment relationship is exercised.

For an event to be considered an accident at work, it is necessary to have a total occurrence of all the elements listed in the definition. It is on the correct assessment and interpretation of the incident by the accident team that the accident is determined to be an 'accident at work’.

As a general rule, after reporting an accident at work, the employer is obliged to carry out an accident procedure. On the other hand, the provisions do not specify when the notification should take place. Consequently, it may be considered that there is no such thing as a limitation period for reporting an accident at work.

§ 2 of the Regulation of the Council of Ministers on the determination of the circumstances and causes of accidents at work specifies that a worker who has suffered an accident at work should immediately inform his superior (if his state of health so allows). Clarification of the issue should be sought without delay in judicial case-law, which is not consistent with that.

In conclusion, an accident at work must be reported without delay, but there is no precise time limit within which to doso in Polish legislation. Thus, the limitation period for reporting an accident at work does not exist and the employer should set up an accident team, even if the employee notifies about the accident several years after the event.

Source: https://poradnikprzedsiebiorcy.pl/-przedawnienie-zgloszenia-wypadku-przy-pracy

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