An accident at work is considered to be a sudden event caused by an external cause, causing injury or death to an employee while performing work.

This applies not only to persons employed on a full-time basis or part of it, but also on the basis of an agency contract, a mandate contract or a contract for the provision of services, to which, in accordance with the Civil Code, the provisions on mandate apply.

The Contractor’s accident may be considered an accident at work on the basis of Article 3(3)(6) of the Act of 30 October 2002 on social insurance for accidents at work and occupational diseases. What is important here is the fact that the accident event must occur during the accident insurance period. Therefore, if, for example, a student during the performance of a mandate contract is not subject to accident insurance and he suffers an accident at work, unfortunately he has no right – neither to sickness benefits nor rehabilitation from accident insurance measures.

A contractor who has suffered an accident at work should draw up an accident report no later than within 14 days from the date of obtaining notification of this event.

Unlike an employee employed in the form of an employment contract, the Contractor is not entitled to receive one-off compensation, but is only entitled to 100% of the remuneration for the sick period as a result of the accident.

On the other hand, if the Contractor suffers an accident on the way to or from work, he is not entitled to remuneration for the period of absenteeism, unlike a full-time employee, who in such a situation will receive 100% of the remuneration. Moreover, not even an accident report is drawn up for such a circumstance. However, if he is subject to voluntary sickness insurance, an accident card must be drawn up and the injured party must be paid a benefit.

Source: https://inzynieriabhp.pl/wypadek-przy-pracy-zleceniobiorcy-bhp/

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