For an accident to be considered an accident at work four conditions need to be fulfilled simultaneously:
Immediacy of the happening
Injury or death
Connection with work
ELEMENTS OF ACCIDENTS AT WORK Accident at work
Immediacy of the happening means that it is sudden and unexpected. It is also connected with time framing in which it takes place. It is considered that a happening is sudden when it lasts no longer than one work-day. IMMEDIACY OF THE HAPPENING Accident at work ELEMENTS OF ACCIDENTS AT WORK
A happening is considered an accident at work only if it took place as a result of operation of external causes, i.e. those originating outside the victim’s body, such as:
temperature operation (e.g. burns, scaldings and chilblains),
operation of elements of moving machines, mechanical devices, work tools,
operation of electricity,
operation of chemical substances,
physical effort (e.g. load carrying/ lifting),
tripping or fainting because of an external cause.
EXTERNAL CAUSE Accident at work ELEMENTS OF ACCIDENTS AT WORK
An injury of body tissues or organs of a person as a result of an external cause (skin cut, limb fracture, amputation, tearing off a limb etc.). INJURY OR DEATH Accident at work ELEMENTS OF ACCIDENTS AT WORK
There is a relation between an accident and work when the happening takes place at work. Work itself does not have to be a direct cause of a detriment to worker’s health. RELATION TO WORK Accident at work ELEMENTS OF ACCIDENTS AT WORK
Breaking the relation to work takes place when the worker is performing activities considered his/ her private sphere. BREAKING THE RELATION TO WORK There is no question about breaking the relation to work while the worker is taking a break during work (to which he/ she has the right) as well as during travelling from the premises to the place of performing work. Accident at work ELEMENTS OF ACCIDENTS AT WORK
A serious accident at work is an accident in the result of which a serious body injury followed. Serious body injuries include:
loss of sight, hearing, speech, reproductive abilities,
other body injuries or health disorders which disturb or violate basic functions of the body,
incurable or life-threatening disease,
permanent mental illness,
complete or partial inability to practise profession,
considerable disfiguration of the body.
Kinds of accidents;
A COLLECTIVE ACCIDENT AT WORK It is an accident at work in the result of which at least two people suffered. Kinds of accidents;
A FATAL ACCIDENT AT WORK A fatality at work is an accident in the result of which death followed, in the period of no more than 6 months from the day of the accident. Kinds of accidents;
A typical example is an accident during a business trip AN ACCIDENT EQUAL TO THE ACCIDENT AT WORK It is not an accident at work, but rather, in scope of the right to receive benefits and the procedure of determining circumstances and causes of it treated as an accident at work Kinds of accidents;
An accident on the way to or from work is a happening:
incurred by an external cause,
which took place on the way to or from the workplace or the place of performing another activity, if the way was the shortest and was not interrupted.
Kinds of accidents;
An accident is also considered an accident on the way to and from work during a break on the way to and from work if the break was justified for the life-safety reasons and the time of this break was no longer than necessary, and also when the way not being the shortest, was the most convenient for the insured for reasons connected with communication. Kinds of accidents; AN ACCIDENT ON THE WAY TO OR FROM WORK
Obligations of the victim and the employer in case of an accident VICTIM’S OBLIGATION The worker, who has had an accident is obliged to immediately notify his/ her supervisor about the accident. Of course, if only his health condition allows for that. REMEMBER!
EMPLOYER’S OBLIGATION To secure the place of the accident until the circumstances and causes of the accident are determined REMEMBER! Obligations of the victim and the employer in case of an accident
In the workplace of an emp l oyer who, in accordance with art. 237 § 1 LC is not obliged to create an occupational health and safety service, the composition of the post-accident committee sho u ld include, instead of the worker of the occupational health and safety service, the employer or a worker employed at different work, but who was designated by the employer to perform tasks of the occupational health and safety service, or a specialist from outside the company.
Post-accident procedure COMPOSITION OF THE POST-ACCIDENT COMMITTEE
If the employer is unable to carry out his/ her duty to create a post-accident committee composed of two persons because of a very small number of employe e s, then the circumstances and causes of an accident are determined by a post-accident committee composed of the employer and a specialist from outside the company
Post-accident procedure COMPOSITION OF THE POST-ACCIDENT COMMITTEE
The post-accident committee is obliged to determine the circumstances and causes of an acciden t , i . e.:
To carry out an examination of the place of accident and of the technical condition of devices,
To analyze the conditions of performing work and other circumstances which may have had any influence on the accident,
To hear explanations of the victim,
To gather information from witnesses of the accident,
If necessary, to consult a physician or other specialists,
To determine the kind of the accident and formulate conclusions and suggest preventive measures, adequate to the determined causes and circumstances of the accident.
POST-ACCIDENT REPORT Following the determination of circumstances and causes of an accident, the post-accident committee prepares, within 14 days from receiving the information about the accident, a post-accident report. The period of time may be prolonged only if there are some significant reasons which make meeting the deadline impossible. 14 days Post-accident procedure
The post-accident committee is obliged to introduce the injured worker with the content of the report before it is approved. The injured worker has the right to submit his/ her comments and objections to the findings and decisions included in the report, however, the committee is obliged to inform him/ her. Post-accident procedure POST-ACCIDENT REPORT
Post-accident report must be authorized by the employer, immediately after it has been prepared, no later than within 5 days after its preparation. 5 days Post-accident procedure POST-ACCIDENT REPORT
IMMEDIATELY The authorized post-accident report must be promptly delivered to the injured worker instructing him/ her about the way and course of appeal. Th e post-accident report in case of a fatality, serious and collective accident must be immediately delivered by the employer to the appropriate local organ of the National Labour Inspectorate. Post-accident procedure POST-ACCIDENT REPORT
10 years Post-accident report, together with other post-accident documentation must be stored by the employer for the period of 10 years. Post-accident procedure POST-ACCIDENT REPORT
Other documents collected during establishing cinrcumstances and causes of the accidents (e.g. written opinion of a physician, written opinion of experts, drawings or photos),
Alternatively an opinion submitted by a member of the post-accident committee,
Comments and reservations of the victim (if submitted).
Obligations of the employer in case of an occupational disease Ensure the realization of doctor’s orders Keep the record of cases of o ccupational diseases and suspicion of such diseases Immediately notify a proper organ of the National Sanitary Inspectorate and the proper labour inspector about any case of a recognized occupational disease or of suspicion of such disease. Systematically analy z e causes of occupational diseases and other diseases connected with conditions of the work environment and, based on the results of these analyses, take appropriate pr e ventive measures Establish causes of the occupational disease and its character as well as the scope of threat of this disease, while acting in agreement with the proper organ of the National Sanitary Inspectorate Immediately take appropriate measure s to remove factors which caused development of the disease THE EMPLOYER SHOULD
WHEN AN OCCUPATIONAL DISEASE IS EITHER DIAGNOSED IN A WORKER OR THERE IS SUSPICION OF SUCH DISEASE, THE EMPLOYER IS OBLIGED TO TRANSFER THE WORKER TO OTHER WORK WHERE HE/ SHE WILL NOT BE THREATENED BY THE FACTOR. Obligations of the employer in case of an occupational disease
Septal perforation caused by caustic chemical fumes
Chronic diseases of the voice organ caused by an excessive voice effort
Diseases caused by ionizing radiation
17. Malignant tumours caused by operation of the work environment factors 18. Dermal diseases 19. Chronic diseases of the movement system caused by the way of performing work 20. Chronic diseases of the peripheral nervous system 21. Permanent bilateral hearing loss caused by noise 22. Vibration syndrome 23. Decompression sickness 24. Diseases caused by work in the conditions of the raised atmospheric pressure 25. Diseases caused by operation of high or low ambient temperatures 26. Diseases of the optical system caused by physical, chemical or biological factors Occupational diseases
For the insured, whose inability to work was caused by an accident at work or an occupational disease; granted to the amount of 100% of the assessment base, which comprises of the amount of money which is the basis of accident insurance premiums (max. 6 months). SICK BENEFIT Provisions in case of accidents at work and occupational diseases
For the insured who, after the sick benefit has been used up, is still unable to work and further medical treatment or rehabilitation holds promise for regaining ability to work (max. 12 months). REHABILITATIVE PENSION Provisions in case of accidents at work and occupational diseases
For the insured who is a worker whose salary has been lowered as a result of a permanent or long-lasting damage to health. COMPENSATORY BENEFIT Provisions in case of accidents at work and occupational diseases
For the insured who, as a result of an accident at work or occupational disease suffered a permanent or long-lasting damage to health. A ONE-TIME COMPENSATION Provisions in case of accidents at work and occupational diseases
For the insured who has become u nable to work as a result of an accident at work or an occupational disease. DISABILITY PENSION Provisions in case of accidents at work and occupational diseases
For the insured who has been decided to be retrained in order to perform different work because of his/ her inability to work in the former profession as a result of an accident at work or an occupational disease. TRAINING PENSION Provisions in case of accidents at work and occupational diseases
For members of family of the deceased or the pensioner entitled to the disability pension as a result of an accident at work or an occupational disease. FAMILY PENSION Provisions in case of accidents at work and occupational diseases
if the sole cause of the accident was proved violation of rules concerning life and health protection by the insured, and if he/ she violated the rules deliberately or through his/ her own gross negligence.
w hen a worker, being intoxicated with alcohol or drugs, for example psychotropic drugs, him-/ herself and to a considerable degree contributed to the accident at work.
REMEMBER! EXCLUSION OF THE RIGHT TO COMPENSATIONS Provisions in case of accidents at work and occupational diseases