In the event of an accident at work, the employer has a number of obligations related to the possible limitation of its negative consequences. Actions taken by the employer must be properly documented, including: in order to ensure the proper conduct of post-accident proceedings and to demonstrate that all legal requirements have been met in this respect. As part of the documentation regarding accidents at work, the employer is obliged to keep an accident register, which is a kind of record of events of this nature occurring at the employer in particular years.

Pursuant to Art. 3 section 1 and 2 of the Act of October 30, 2002 on social insurance in respect of accidents at work and occupational diseases (Journal of Laws of 2019, item 1205, as amended), an accident at work is considered to be a sudden event caused by an external cause, causing an injury or death that occurred in connection with work:

• during or in connection with the employee’s performance of ordinary activities or orders from superiors;
• during or in connection with the employee’s performance of activities for the employer, even without instructions;
• while the employee remains at the employer’s disposal on the way between the employer’s registered office and the place of performance of the obligation arising from the employment relationship.

An accident suffered by an employee is treated as an accident at work:

• during a business trip, unless the accident was caused by the employee’s conduct which is unrelated to the performance of the tasks entrusted to him;
• during general self-defense training;
• when performing tasks assigned by the employer’s trade unions.

An accident at work also includes other sudden events caused by an external cause, causing injury or death, which occurred during the period of accident insurance under a given title, listed in detail in Art. 3 section 3 of the Act on social insurance in respect of accidents at work and occupational diseases.

The employer is obliged to protect the health and life of employees by ensuring safe and hygienic working conditions with the appropriate use of scientific and technological achievements, and in particular to ensure the development of a coherent policy to prevent accidents at work and occupational diseases, taking into account technical issues, work organization, working conditions, social relations and the impact work environment factors. The person managing employees is obliged to organize, prepare and conduct work, taking into account the protection of employees against accidents at work, occupational diseases and other diseases related to the conditions of the working environment (Article 207 § 2 point 4 and Article 212 point 3 of the Labor Code).

As stipulated in Art. 234 of the Labor Code, in the event of an accident at work, the employer is obliged to:

• take necessary actions to eliminate or reduce the threat;
• provide first aid to injured persons and determine the circumstances and causes of the accident in the prescribed manner;
• take appropriate measures to prevent similar accidents;
• immediately notify the relevant district labor inspector and the prosecutor about a fatal, serious or collective accident at work and about any other work-related accident that caused the above-mentioned effects, if it can be considered an accident at work;
• keep a register of accidents at work;
• keep a report establishing the circumstances and causes of an accident at work along with other post-accident documentation for 10 years.

Pursuant to § 16 of the regulation, the employer is obliged to keep a register of accidents at work based on all post-accident reports.

The register of accidents at work contains:

• name and surname of the injured party;
• place and date of the accident;
• information regarding the consequences of the accident for the injured party;
• date of preparation of the accident report;
• determining whether the accident is an accident at work;
• the date of submission of the application for benefits in respect of an accident at work to the Social Insurance Institution;
• number of days of incapacity for work;
• other information that is not personal data, the inclusion of which in the register is purposeful, including conclusions and preventive recommendations of the post-accident team.

Taking care of the proper keeping of the accident register, apart from fulfilling the legal requirement, facilitates the employer’s handling of accident cases in an organized and orderly manner.

Source:https://poradnikprzedsiebiorcy.pl/-czem-jest-zdrowie-wypadkow

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