Performing work often involves specific risks. In rare cases, accidents at work or occupational diseases occur. In accordance with the applicable regulations, an employee who has suffered an accident at work or suffers from an occupational disease is entitled to certain benefits. The right to them is acquired by paying the so-called accident insurance as part of the ZUS contribution.

In order for an employee to acquire the right to receive the benefit, certain circumstances must occur. First of all, this applies to an accident that occurred during the performance of an employment relationship or confirmation of an illness that is included in the list of occupational diseases. It can be caused by harmful factors occurring in a given work environment or the way it is performed. According to the regulations, an occupational disease may affect not only persons employed under an employment contract, but also students staying in classes or undergoing student internship. In certain cases, the right to benefits is also acquired by students during professional practice and while working in the Voluntary Labour Corps.

Polish law provides for several types of benefits in this respect. Below in a few sentences describe the basic ones. It is worth having knowledge about them in the event of a possible accident or occupational disease.

• Sickness benefit

Sickness benefit for the insured is a benefit that is granted to people unable to perform official duties as a result of an accident at work or struggling with an occupational disease. The right to receive the benefit is acquired on the first day of incapacity for work for the aforementioned reasons. The basis for calculating the allowance and benefit is the amount, which is also the basis for calculating insurance contributions. Sickness benefit is granted in the amount of 100% of the contribution assessment basis. In certain cases, contribution payers or the workplace are responsible for the payment of the benefit.

• Rehabilitation benefit

Rehabilitation benefit is granted to an insured person in a situation where he exhausts the right to sickness benefit and still remains unable to work. This applies to employees for whom further therapy and/or rehabilitation gives them a chance to regain their ability to work and return to their position. The amount of rehabilitation benefit from accident insurance is 100% of the amount of contributions, as in the case of sickness benefit. In certain cases, payers of contributions or the workplace are responsible for its payment.

• Compensatory allowance

Another benefit is the compensatory allowance. It is granted to employees whose remuneration has been reduced as a result of damage to health. The damage to health must be permanent or long-lasting.

• One-off compensation

One-off compensation is granted to employees who have suffered permanent or long-term damage to health as a result of the performance of their duties. The amount of compensation is 20% of the average wage for each percentage of permanent or long-term damage. As the name suggests, the benefit is a one-off benefit. However, if the employee’s health deteriorates by at least 10%, then the amount of compensation increases by 20% of the average wage for each percentage of damage to health exceeding the percentage according to which the compensation was determined.

• Permanent and long-term damage to health

The person responsible for determining permanent or long-term damage to the health of an employee and his relationship with an accident at work or an occupational disease is a medical examiner. Permanent damage to health is one in which there is a violation of the body’s efficiency to the extent that causes permanent impairment of body function and does not give prognosis of improvement. Long-term damage to health is one that exceeds 6 months, however, gives hope for improving the health of the employee.

• Pension for incapacity for work

An employee unable to perform his duties due to an accident at work or an occupational disease may apply for a pension in this respect. Depending on the degree of incapacity for work, the amount of the pension granted may not be lower than 80% of the basis of its assessment for a person completely incapable of work, 60% of the basis of its assessment for a person partially incapable of work, 100 of the basis of its assessment for a person entitled to a training pension.

• Training pension

This type of benefit is granted to people who, due to incapacity for work in a given position, have to retrain. This incapacity for the performance of duties must be the direct result of an accident at work or an occupational disease.

Other benefits granted in Poland are, m.in: survivor’s pension, nursing allowance, coverage of the costs of treatment in the field of dentistry and preventive vaccinations as well as supply of orthopaedic items and compensation for items lost or damaged as a result of an accident at work. In addition, the employee may assert supplementary claims in accordance with the applicable provisions of the Civil Law.

In accordance with the applicable law in Poland, a number of different benefits related to accidents at work and occupational diseases are granted. Therefore, it is worth getting acquainted with the information contained in legal regulations, as well as with the publications of the Social Insurance Institution in this respect. All this in order to be aware of your rights and be able to enforce them when necessary. Applying for each of these benefits involves the obligation to complete the documentation. In this respect, it is worth consulting a specialist from ZUS or with HR in your workplace. All this in order to efficiently go through the whole process and receive the benefits due to the employee.

Source: https://inzynieriabhp.pl/swiadczenia-wypadek-choroba-praca/

Supported by Norway through Norway Grants 2014-2021, in the frame of the Programme “Social Dialogue – Decent Work”.