According to the Central Statistical Office, in 2021 more than 68,000 accidents at work were reported, of which almost 600 people were affected by serious or fatal accidents. Events of this type negatively affect the company’s image, but they also generate additional costs caused, m.in, by the need to suspend work due to employee absenteeism, recruitment of a new person, implementation of him to work, but also damage to property, machinery and equipment.

An accident at work, regardless of its type, is also associated with numerous obligations of the employer. Pursuant to Article 234 § 1 of the Act of 26.06.1974. In the event of an accident at work, the employer is obliged to take action to eliminate or reduce the risk, provide first aid, determine the circumstances and cause of the accident and apply appropriate measures to prevent similar accidents in the future.

– However, especially in the case of serious, fatal and collective accidents, additional obligations arise, because according to Civil Procedure Code Art. 234 §2, the employer is obliged to immediately notify the competent district labor inspector and prosecutor about the above-mentioned accidents and any other accident that caused these effects. In such a situation, the employer must take into account the fact that it will also involve possible control in the company of the above-mentioned authorities. Therefore, determining whether in the light of the applicable regulations it is a serious accident or an accident causing temporary incapacity for work is important not only to determine the extent of the effects of the event, but also in connection with the provisions contained in the cited article – says Joanna Misiun, Health and Safety Specialist at W&W Consulting.

A serious accident at work, as defined in Article 3(5) of the Act of 30.10.2002 on social insurance for accidents at work and occupational diseases, is an accident resulting in serious bodily injury in the form of loss of vision, hearing, speech, reproductive capacity or other bodily injury or health disorder, violating the basic functions of the body, as well as an incurable or life-threatening disease,  permanent mental illness, total or partial inability to work in the profession or permanent, significant disfigurement or deformity of the body.

– It is not clear from the definition quoted when we are dealing with a serious accident, which is why the initial qualification often causes a lot of difficulties and it happens that the employer is not able to independently determine whether the accident to which his employee has suffered should be classified as severe or not. Of course, medical documentation and its correct interpretation will be helpful here. In such a case, the employer may himself, with the prior consent of the victim or through the intermediary of the victim himself or a member of his family, obtain a written opinion from the attending physician regarding the consequences of the accident. At the same time, the regulations do not specify any specific form in which the employer may request that the doctor issue an opinion on the health of the injured party to the extent necessary to determine the circumstances and causes of the accident. There is also no specific uniform form on which the doctor issues such an opinion, but this opinion should contain an unequivocal statement whether the accident is a serious accident or not. If it is not possible to obtain a written medical opinion and the employer has doubts about the classification of the accident, he should not postpone the deadline for notifying the district labor inspector and the prosecutor about a serious accident at work. Then it may expose itself to consequences, because the regulations refer to immediate notification, i.e. without undue delay, and therefore as soon as possible – adds the W&W Consulting Specialist.

According to the Judgment of the Supreme Administrative Court of 25.04.2002, II SA 3189/01, even the proven fault of the employee or the lack of connection between the accident and work does not exempt from the obligation to notify the labour inspector and the prosecutor. It is also irrelevant that the prosecutor’s actions have already been taken by the prosecutor competent for the place of the accident, since the employer, on his own initiative, must comply with the obligation to notify the above authorities in writing. In any case, therefore, such a notification should be made. Violation of the obligation to notify the relevant authorities of the event or the provision of false information is punishable and, in accordance with Article 283 § 2, is punishable by a fine of PLN 1,000 to 30,000. In addition, intentional failure to fulfill the obligation by the employer will meet the elements of a crime under Article 221 of the Act of 6.06.1997 – Criminal Code and is subject to a fine of up to 180 daily rates or a penalty of restriction of liberty.

– There may also be a situation where an accident at work will give rise not only to criminal liability, but also to liability for damages, because there may be a link between a criminal and civil case that the same act constitutes a crime, while having consequences in the sphere of civil law. Then, the employer’s liability for compensation for damage caused as a result of an accident at work occurs when the employer has not fulfilled its obligations related to ensuring safe and hygienic working conditions. An employee who has suffered damage in the form of damage to health as a result of an accident at work may demand compensation from the employer if the damage has not been fully covered by benefits under the Accident Act. According to the position of the Supreme Court, it is permissible for an employee to pursue supplementary claims from the employer for accidents at work, based on civil law provisions (Articles 415, 444 and 445 of the Civil Code.c in conjunction with Article 300 of the Labour Code) – sums up Joanna Misiun, OHS Specialist at W&W Consulting.

Source: https://kadry.infor.pl/bhp/wypadki-w-pracy/5462312,Ciezki-wypadek-przy-pracy-konsekwencje.html

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