The Act Of 30 October 2002 On Social Insurance In Respect Of Accidents At Work And Occupational Diseases

Original Language Title: USTAWA z dnia 30 października 2002 r. o ubezpieczeniu społecznym z tytułu wypadków przy pracy i chorób zawodowych

Read the untranslated law here: https://www.global-regulation.com/law/poland/2985971/ustawa-z-dnia-30-padziernika-2002-r.-o-ubezpieczeniu-spoecznym-z-tytuu-wypadkw-przy-pracy-i-chorb-zawodowych.html

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Chapter 1 General provisions Article. 1. [range] Act specifies: 1) types of benefits in respect of accidents at work and occupational diseases and the conditions for the acquisition of the right to those benefits;

2) principles and award of benefits, of establishing their amount and the principle of their payment;

3) the principles of diversification of interest rate social insurance contributions in respect of accidents at work and occupational diseases, depending on the occupational hazards and their effects;

4) financing rules for the prevention of collision.

Article. 2. [Definitions] used in this Act shall mean: 1) "accident fund" is a fund extracted within the framework of the social insurance fund, referred to in the provisions of the Act of 13 October 1998 on the social insurance system (Journal of laws of 2007. # 11, item 74, as amended), hereinafter referred to as the "regulations on social insurance system";

2) "doctor predicate"-social insurance examiner;

2A) "Medical Committee"-medical social insurance;

3) "accident insurance" – reporting period wypadkowemu insurance, as well as a period of membership of social insurance or pension schemes supply before 1 January 1999;

4) "payer contributions"-payer contributions to accident insurance within the meaning of the social security system;

5) "average wage" – the average monthly wage in the national economy in the previous year, announced for the purpose of pensions in the official journal of the Republic of Poland "Monitor Polish" by the President of the Central Statistical Office, applied starting from the second quarter of each year, for a period of one year;

6) "the Act on sickness insurance cash benefits," the law of 25 June 1999 on the benefits cash social insurance sickness and maternity benefits (Journal of laws of 2005, no. 31, item 267, as amended);

7) "the law on pensions and pensions from the FUS"-the Act of 17 December 1998 on pensions and pensions from the social insurance fund (OJ of 2009 No 153, item 1227);

8) "contribution year" – the period of interest rate premiums on accident insurance due for the period from April 1 of one year to 31 March of the following year;

9) "registry NUMBER"-a national register of official entities of the national economy;

10) "type of activity according to the PKD" – a kind of most activities coded according to the Polish classification of activities in the REGON register;

11) "insured person"-a natural person subject to insurance wypadkowemu, and also a person who before 1 January 1999, were subject to social insurance or supply of pension schemes, with the exception of persons subject to social insurance of farmers;

12) "accident insurance" – social insurance in respect of accidents at work and occupational diseases within the meaning of the social security system;

13) "trauma" – damage to body tissues or human organs as a result of an external factor;

14) "permanent establishment" – the social insurance.

Article. 3. [an accident at work] 1. For an accident at work is considered sudden event caused the cause of outer causing injury or death, which happened in connection with work: 1) during or in connection with the performance of the employee's normal operations or commands of superiors;

2) in the course of or in connection with the performance of the employee's actions on behalf of the employer, even without a command;

3) at the time of being an employee at the disposal of the employer on the way between the seat of the employer and the place of performing the obligation arising from the employment relationship.

2. On a par with an accident at work, as regards entitlement to benefits defined in the law, be treated case, which the employee has: 1) during a business trip in circumstances other than those referred to in paragraph 1. 1, unless the accident was caused by a concerned employee, that is not in connection with the performance of the tasks entrusted to him;

2) during training on universal self-defense;

3) in the performance of tasks by acting on the employer's trade union organisations.

3. accident at work shall also be sudden event caused the cause of outer causing injury or death, which happened during the accident insurance with your title when: 1) sports during competitions and trainings by a person that retrieves an athletic scholarship;

2) perform work based fee referrals for work at the time of imprisonment or detention;

3) carry out the mandate of the Deputy or Senator, that picks the emoluments;

3A) (repealed);

4) of training, placement, vocational adult or vocational training in the workplace by the person levying the scholarship during the period of this training, placement, vocational adult or vocational training in the workplace based on referral issued by emplyment or by another entity that directs, download a scholarship on the basis of the provisions on employment promotion and labour market institutions in the period of post-graduate;

5) the exercise by the agricultural production cooperative, cooperative member of the machinery rings, and by another person treated on an equal footing with a member of a cooperative within the meaning of the social security system, on behalf of the cooperative;

6) work on the basis of an agency agreement, contract or agreement for the provision of services, to which in accordance with the Civil Code shall apply to the provisions concerning the order;

6a) work under a contract that triggers, referred to in the Act of 4 February 2011 child care up to the age of 3 years (Journal of laws No. 45, item 235);

7) cooperation in the performance of work under an agency agreement, contract or agreement for the provision of services, to which in accordance with the Civil Code shall apply to the provisions concerning the order;

8) performing ordinary activities related to non-agricultural activities within the meaning of the social security system;

9) performing ordinary activities related to cooperation in non-agricultural activities within the meaning of the social security system;

10) run by a gathering of religious activities or activities connected with entrusted pastoral functions or religious;

11) of foster care;

12) study at the National School of public administration by the listeners receive a scholarship;

13) perform work under an agency agreement, contract or agreement for the provision of services, to which in accordance with the Civil Code shall apply the rules concerning the order or contract, if such an agreement was concluded with the employer, to which the person is in an employment relationship, or if such an agreement it performs work for the employer, which remains in the employment relationship;

14) of customs officer duties.

4. a fatal accident at work is considered an accident, in which the death occurred in a period not exceeding 6 months from the date of the accident.

5. a heavy accident at work shall be deemed an accident, as a result of which there has been a severe injury, such as loss of vision, hearing, speech, reproductive output, or other injury or incapacitating, violating the basic body functions, as well as incurable disease or life-threatening, persistent mental illness, total or partial inability to work in the profession or persistent, significant disfigurement or distortion of the body.

6. the collective accident at work shall be deemed an accident, whether as a result of the same event has at least two people.

Article. 4. [occupational disease] an occupational disease is considered a disease referred to in article 1. 2351 of the labour code.

Article. 5. [Establishing the circumstances and causes of accidents] 1. Determine the circumstances and causes of accidents at work referred to in article 1. 3 paragraphs 1 and 2. 3, shall be made in the Charter case: 1) the paying agent an athletic scholarship-to receive these scholarships;

2) an entity in which the thing is whether working while serving a sentence of imprisonment or detention in relation to carrying out this work on the basis of a referral to work;

3) Office of the Sejm in relation to members of the Senate Chancellery and in relation to the senators;

4) the employer, in which the person that takes the scholarship probation, adult apprenticeships, apprenticeships at the place of work or training, or an entity in which the person that takes the scholarship is done training in relation to the person receiving the scholarship during the period of the traineeship, vocational preparation of adult, vocational preparation at the place of work or training based on referral issued by emplyment or by another entity that directs , download a scholarship on the basis of the provisions on employment promotion and labour market institutions in the period of post-graduate;

5) spółdzielnia produkcyjna, cooperative machinery rings – in relation to the members of those cooperative societies, and other people are treated on an equal footing with a member of a cooperative within the meaning of the social security system, engaged on behalf of the cooperative;


6) an entity on whose behalf the work is performed on the basis of an agency agreement, contract or agreement for the provision of services, to which in accordance with the Civil Code provisions relating to orders-in relation to carrying out this agreement;

7) a person who performs work under an agency agreement, contract or agreement for the provision of services, to which in accordance with the Civil Code shall apply to the provisions concerning order-in relation to work with that person;

8) Bet – in relation to non-agricultural activities and cooperating in conducting such activities within the meaning of the provisions of the social insurance system, as well as in relation to performing work under a contract that triggers, referred to in the Act of 4 February 2011 child care up to the age of 3 years;

9) (repealed);

10) competent Supreme Diocesan institution or religious – in relation to the clergy;

11) the employer, in which the person is a replacement service-in relation to taking this service;

12) National School of public administration in relation to the listeners of this school receive scholarship;

13) the employer, in relation to persons performing work on the basis of an agency agreement, contract or agreement for the provision of services, to which in accordance with the Civil Code shall apply the rules concerning the order or contract, if such an agreement was concluded with the employer, to which they remain in an employment relationship;

14) the entity with which it was concluded an agency agreement, the contract or agreement for the provision of services, to which in accordance with the Civil Code shall apply the rules concerning the order or contract of work – in relation to those carrying out the agreement if under such a contract work performed for an employer, with which they remain in an employment relationship;

15) an entity in which the customs officer fully service-in relation to these officers.

2. To establish the circumstances and causes of an accident at work, which has insured a worker, as well as the finding of an occupational disease in the employee in accordance with the provisions of the labour code.

3. In matters of reporting and identification of occupational diseases to the insured persons referred to in article 1. 3 paragraphs 1 and 2. 3 shall apply mutatis mutandis the provisions of the labour code.

4. the competent Minister in charge of social security shall determine, by regulation, recognition events, referred to in article 2. 3 paragraphs 1 and 2. 3, for an accident at work, the legal classification of the event, the pattern of the accident and the card for, taking into account the need to ensure the unity of the existing arrangements for determining the circumstances and causes of these accidents.



Chapter 2 types of benefits in respect of accidents at work and occupational diseases, conditions for the acquisition of the right to benefits, rules and mode of their award, establishing their amount and their payment of the Article. 6. [benefits] 1. In respect of accidents at work or occupational disease, are entitled to the following benefits: 1) "sick"-for an insured person whose incapacity caused it was accident at work or an occupational disease;

2) "provision of rehabilitation"-for an insured person who, after the exhaustion of sickness allowance is still unable to work, and further treatment or medical rehabilitation is expected, the recovery of working capacity;

3) "compensatory allowance"-for an insured person who is an employee, whose salary has been reduced as a result of a permanent or long-term damage to health;

4) "one-off compensation" for the insured, who suffered a permanent or long-term damage to health;

5) "one-off compensation" for family members of the deceased insured person or pensioner;

6) "annuity incapacity"-for an insured person who has become unable to work due to an accident at work or occupational disease;

7) "training pension" – for the insured person, in relation to which the Court stated the desirability of vocational retraining due to the inability to work in the current job due to an accident at work or an occupational disease;

8) by "survivor's pension" for family members of the deceased insured person or a pensioner entitled to a pension in respect of an accident at work or an occupational disease;

9) "in addition to survivor" – for the orphan;

10) care allowance;

11) cover the costs of treatment, dentistry and preventive vaccination and orthopaedic supplies to the extent provided by law.

2. persons: 1) professional non-agricultural activities and those cooperating with them, 2) cleric payers contributions to your own insurance and to members of their families the benefits referred to in paragraph 1. 1, is not entitled to in the event of on accident or on the day of submission of the application for the granting of benefits in respect of occupational diseases of debt in respect of social security contributions for an amount exceeding € 6.60 until repayment of all debt, subject to article 22. 47 paragraph 1. 3.3. The right to the benefits referred to in paragraph 1. 1 paragraphs 1, 2, 4, 5 and 11, are subject to if the debts referred to in paragraph 1. 2, is not settled within six months from the date of the accident or the date of filing of the application for the granting of these benefits in respect of an occupational disease.

4. persons referred to in paragraph 1. 2, the Company shall pay the benefit within 30 days of the last explanation of circumstances necessary to establish the right to those benefits, but not later than within 60 days of the repayment of all debts.

Article. 7. [the application of the provisions of the Act] in determining the right to benefits referred to in article 1. 6 paragraph 1. 1 paragraphs 1-3, base and height, as well as their payment, shall apply mutatis mutandis the provisions of the law on sickness insurance cash benefits, taking account of the provisions of this Act.

Article. 8. [sick] 1. Sick of the accident insurance are entitled to regardless of the reporting period.

2. Sickness allowance from accident insurance shall lie from the first day of incapacity for work caused by an accident at work or an occupational disease, subject to paragraph 2. 3.3. Sick of the accident insurance are not entitled for the periods of incapacity for work caused by an accident at work or an occupational disease for which an insured person on the basis of separate provisions retain the right to remuneration, salary, scholarship or other exercise benefits for incapacity for work.

4. the provision of paragraph 1. 3 shall apply mutatis mutandis to the provision of rehabilitation.

Article. 9. [the basis of assessment of sickness and rehabilitation benefits] 1. Sickness and the provision of physiotherapy with accident insurance are entitled to in the amount of 100% of the calculation basis.

2. The basis for the dimension of allowance and benefits referred to in paragraph 1. 1, is the amount which is the basis for contribution to accident insurance.

3. in determining the calculation basis for sickness benefits of: 1) employees – apply the rules set out in Chapter 8 of the Act on sickness insurance cash benefits;

2 agricultural production cooperative members) and cooperatives of the machinery rings, persons held in service replacement and persons referred to in article 1. 11 (1). 2 of the Act on social insurance system – apply the rules set out in Chapter 9 of the law on sickness insurance cash benefits;

3) other persons – the principles referred to in article 1. 46, 48 and 52 of the Act on sickness insurance cash benefits, except that in determining the basis of assessment shall take into account the revenue for the contribution to the accident insurance after deduction of an amount corresponding to 11.26% of the calculation basis of contributions to accident insurance.

4. If the incapacity for work of an insured person, referred to in paragraph 1. 3 paragraph 3, was established in the first calendar month accident insurance, the base dimension of the sickness allowance, subject to article 22. 8 paragraph 1. 3, provides: 1) the amount received after the month the sports scholarship-for insured persons who introduce themselves as, 2) the amount received for the month scholarship-for insured persons who are participating in the National School of public administration, 3) the amount received after the month the scholarship-for insured persons who are freeloaders scholarship in the period of training, placement or vocational training in the workplace, which have been addressed by the emplyment or other entity that directs 4) (repealed), 5) the amount received after the month the salaries for the insured that are customs officers – after deduction of the amounts referred to in paragraph 1. 3 paragraph 3.

5. (repealed).

Article. 10. [the setting and payment of unemployment benefits and rehabilitation benefits] the right to unemployment benefits and rehabilitation benefits from accident insurance shall determine and this benefit and pay allowances: 1) payers of contributions, if they are required to determine the right to benefits in the sickness and maternity benefits and their pay;

2) Bet – in other cases.

Article. 11. [one-off compensation] 1. The insured person, who as a result of an accident at work or occupational disease suffered permanent or long-term damage to health, shall be entitled to one-time compensation.


2. permanent damage to health is considered such impairment of the organism that causes impairment of the body nierokujące improvement.

3. the long-lasting damage to health is considered such impairment of the organism that causes impairment of the body for a period exceeding 6 months, which may be improved.

4. Assessment of the degree of damage to health and its connection with the accident at work or an occupational disease shall be made after the end of treatment and rehabilitation.

5. the competent Minister in charge of social security in consultation with the competent Minister for health shall determine, by regulation, detailed rules for the rule on a permanent or long-term damage to health and the procedures in determining prejudice and the payment of a one-time compensation, driven by the need to ensure the protection of the interests of the insured and the necessity of transparency and efficiency of the proceedings in the case of one-time compensation.

Article. 12. [compensation] [1] 1. One-off compensation is 20% of the average salary for each per cent of permanent or long-term disability, subject to article 22. 55 paragraph 1. 1.2. If as a result of the deterioration of the health status of permanent or long-lasting damage to health which is the consequence of an accident at work or occupational disease, which was the basis of granting a one-time compensation will increase by at least 10 percentage points, the one-off compensation shall be increased by 20% of the average salary for each percent of disability exceeds the percentage by which determined it was compensation, subject to article 22. 55 paragraph 1. 2.3. One-off compensation is increased by the amount equal to 3.5 times the average wage, if in relation to the insured was ordered total incapacity for work and the inability to independent existence as a result of an accident at work or occupational disease.

4. the provision of paragraph 1. 3 shall apply mutatis mutandis, if the result of the deterioration of the health status of the following an accident at work or an occupational disease in respect of a pensioner has been ordered, the total inability to work and the inability to independent existence.

5. To determine the amount of one-time compensation referred to in paragraph 1. 1 – 4, the average wage in force on the date of the decision referred to in article 1. 15.6. The amount of the one-time compensation shall be rounded to whole dollars.

Article. 13. [members of the family shall be entitled to compensation] 1. Family members of the insured person who died as a result of an accident at work or occupational disease, are entitled to a one-time compensation. Compensation is also entitled to in the event of death as a result of an accident at work or occupational disease a pensioner who was entitled to a survivor's pension from the accident insurance.

2. Family members eligible for compensation are: 1) the spouse, subject to the provisions of paragraph 2. 3;

2) children of their own, children of the other spouse, adopted children and adopted on the upbringing and maintenance before reaching age grandchildren, siblings and other children, including within the framework of the foster family, meeting on the day of death of the insured person or pensioner conditions for obtaining a survivor's pension;

3) parents, recent adopters, stepmother and stepfather, if at the date of death of the insured person or pensioner ran with it common household or if the insured or members directly before his death contributed to their maintenance or if it has been established by judgment or court settlement the right to maintenance.

3. One-off compensation shall not be entitled to a spouse in the case of the sentence of separation.

Article. 14. [compensation] [2] 1. If the single compensation is entitled to only one member of the family of the deceased insured person or pensioner, have it: 1) 18 times average earnings, when eligible are the spouse or child;

2) 9 x average salary, if there is another Member of the family.

2. If the single compensation shall be entitled simultaneously: 1) a spouse and one or more children – compensation in the amount determined in paragraph 3. 1 paragraph 1, plus 3.5 times the average wage, for each child;

2) two or more children-compensation in the amount specified in paragraph 1. 1 paragraph 1, plus 3.5 times the average wage, for the second and each subsequent child.

3. If a spouse or children to a one-time compensation are entitled at the same time, other members of the family, each of them compensation in the amount of 3.5 times the average wage, regardless of the compensation of the spouse or children in accordance with paragraph 1. 1 paragraph 1 or paragraph 2. 2.4. If the one-time compensation are entitled to only members of the family other than the spouse or children, it is enjoyed in the amount determined according to the rules referred to in paragraph 1. 1 point 2, plus 3.5 times the average wage, for the second and each subsequent holder.

5. the amount of the one-time compensation determined in accordance with paragraph 1. 2 or 4 is divided in equal parts between the entitled.

6. To determine the amount of one-time compensation provisions of article 3. 12 paragraph 1. 5 shall apply mutatis mutandis.

7. One-off compensation for the death of the insured person or pensioner, who died as a result of an accident at work or occupational disease, shall be reduced by the amount of the one-time compensation for permanent or long-term damage to health, paid ago the insured or a invalidity pensioner.

8. the amount of the one-time compensation shall be rounded to whole dollars.

9. the competent Minister in charge of social security publish in the official journal of the Republic of Poland "Monitor Polish" amounts of one-time compensation referred to in paragraph 1. 1-4 and art. 12. Article. 15. [the decision of the establishment] 1. The grant of or refusal to grant the one-time compensation and to determine its height is by decision of the establishment.

2. the decision referred to in paragraph 1. 1, subject to article 22. 6 paragraph 1. 4, Bet it seems within 14 days from the date of: 1) receipt of the judgment of the examiner or the Medical Commission;

2) clarify last circumstances necessary to a decision.

3. If, as a result of the decision set out the right to a one-time compensation and its height, the plant shall be made with the Office for the payment of compensation within 30 days of the date of the decision.

4. the decision may be appealed in the manner and on the terms specified in the provisions of the social insurance system.

Article. 16. [Fixing damage to health] 1. Permanent or prolonged damage to health and his relationship with an accident at work or an occupational disease shall be a physician or a medical Commission predicate. In the case of determining the right to benefits, referred to in article 1. 6 paragraph 1. 1 point 2 and 5-8, doctor removal or medical Commission also sets out the inability to work and its relationship to an accident at work or an occupational disease, as well as the relationship of the death of the insured or pensioner from such an accident or sickness.

2. In determining the permanent or long-term damage to health and its connection with the accident at work or an occupational disease shall apply mutatis mutandis the provisions of the law on pensions and pensions with FUS concerning mechanisms for adjudication of incapacity for work.

Article. 17. [the application of the provisions of the Act] 1. In determining the right to a survivor's pension for incapacity for work, survivor's pension, training of the survivor's pension and to a survivor's pension for the orphan in respect of accident insurance, to determine the amount of these benefits and their payment shall apply mutatis mutandis the provisions of the law on pensions and pensions with FUS, taking account of the provisions of this Act.

2. benefits referred to in paragraph 1. 1, regardless of the length of the period of insurance accident and irrespective of the date of the creation of incapacity for work caused by an accident at work or an occupational disease.

3. in determining the calculation basis of the pension does not apply to limit the base height indicator, referred to in article 2. 15 paragraph 1. 5 of the law on pensions and pensions with FUS.

4. the right to a survivor's pension for incapacity for work caused by an accident at work or an occupational disease, which came to an end due to the resolution of incapacity for work, the restore if the incapacity irrespective of the period elapsed since the termination of the right to a survivor's pension.

5. The survivor's pension shall be entitled to accident insurance to eligible family members of the insured person who died as a result of an accident at work or occupational disease.

6. The survivor's pension are also entitled to accident insurance in the event of death as a result of an accident at work or occupational disease a pensioner entitled to a pension for incapacity for work.

7. the members of the family of a pensioner entitled to a pension from the accident insurance, who died for reasons other than an accident at work or occupational disease, are entitled to the benefit referred to in the law on pensions and pensions with FUS regardless of the length of the period of entitlement to the grant of a pension for incapacity for work on the basis of these provisions.

Article. 18. [the pension for incapacity for work and training pension] 1. The survivor's pension for incapacity for work and training pension with accident insurance may not be lower than: 1) 80% of the base dimension – for people completely is not able to work;

2) 60% of the base dimension – for a person partially is not able to work;


3) 100% of base dimension – for the person entitled to survivor's pension.

2. The provisions of paragraph 1. 1 shall not apply in the case of determining the calculation basis of the pension, taking into account article. 17 paragraph 1. 3. Article. 19. [add-in for orphan] 1. If the survivor from the accident insurance is entitled orphan complete, it has this insurance in for orphan on the terms and in the amount specified in the law on pensions and pensions with FUS.

2. The person entitled to a pension from the accident insurance care shall be entitled to an allowance under the terms and in the amount specified in the law on pensions and pensions with FUS.

Article. 20. [Valorisation of benefits] 1. Accident insurance pension, allowance for orphan and care of this insurance shall be subject to adjustment in the time limits and under the conditions laid down in the law on pensions and pensions with FUS.

2. The survivor's pension for incapacity for work, survivor's pension and accident insurance pension training may not be less than 120% of the amount of the lowest suitable annuity fixed and enhanced in accordance with the law on pensions and pensions with FUS.

Article. 21. [Exclusion of the right to benefits] 1. Accident insurance benefits is not entitled to the insured when the sole cause of the accidents referred to in article 1. 3, was proven by the insured the provisions relating to the protection of life and health, caused by him, either intentionally or by gross negligence.

2. accident insurance benefits do not have also insured that, being drunk or under the influence of narcotic drugs or psychotropic substances, has contributed significantly to the cause of the accident.

3. If it is reasonable to assume that the insured was able to influence, under the influence of narcotic drugs or psychotropic substances, the payer directs the contributions of the insured on the test needed to determine alcohol content, of narcotic drugs or psychotropic substances in the body. The insured person is obliged to submit to this test. Refusal to submit to a test or other behavior that prevents his conduct causes the deprivation of the right to benefits, unless the insured person proves, that took place the reasons that prevented the submission to this study.

4. The costs of research, referred to in paragraph 1. 3, bucket are returned for these tests by the company, subject to the provisions of paragraph 2. 5.5. In the cases referred to in paragraph 1. 2 study costs shall be borne by the insured.

6. the competent Minister in charge of social security shall determine, by regulation, the way of making the settlement of costs referred to in paragraph 1. 4, procedures, types of documentation necessary to these accounts and their term make, taking into account the need to immediately obtain reimbursement of the cost of managing such a test.

Article. 22. [denial of the granting of benefits] 1. The plant refuses to grant benefits of accident insurance in the case of: 1) no protocol accident or accident;

2) for non-recognition in the post-accident Protocol or card case event for an accident at work within the meaning of the Act;

3) when accident or accident contain statements groundless.

2. The refusal to grant the benefits of the reasons referred to in paragraph 1. 1, followed by a decision of the Establishment.

3. If in the post-accident Protocol or card case are formal, Company shall immediately return the Protocol or the case in order to complete them.

Article. 23. [costs] 1. Accident fund are covered the costs of the effects of accidents at work or occupational diseases, the health benefits associated with dentistry and preventive vaccination, for which the insured person was sent by the examiner at the request of the attending physician, refundable, on the basis of separate provisions.

2. From the resources of the Fund are covered by the accident costs of medical products in the amount of deductible recipient specified in the provisions of art. 38 of the Act of 12 May 2011 on the reimbursement of medicines, foodstuffs for particular nutritional uses and medical devices (Journal of laws No. 122, item. 696).

3. Health services from the scope of dentistry and vaccination plan referred to in paragraph 1. 1, provide healthcare providers with whom the Director of the provincial national health fund has entered into an agreement for the provision of healthcare services.

Article. 23A. (repealed).



Chapter 3 combination of the right to benefits Article. 24. [Refugee Rights to cash benefits] if the confluence permissions to cash benefits from sickness insurance to the benefits referred to in article 1. 6 paragraph 1. 1 paragraphs 1 to 3, accident insurance, the insured is entitled to the provision of accident insurance.

Article. 25. [Refugee Rights to several rent] 1. In the event of overlapping on one person the right to a few pensions provided for by law shall be paid a pension or selected by this person.

2. the provisions of paragraphs 1 and 2. 1 shall apply mutatis mutandis in the event of overlapping on one person the right to a survivor's pension referred to in the Act with the right to a survivor's pension referred to in the provisions referred to in article 1. 61.3. The person entitled to a pension on the basis of the law or on the basis of the provisions referred to in article 1. 61, which is also entitled to benefits of a scheme on the basis of separate provisions or to salaries in the rest granted due to illness or loss of strength or salaries, shall be paid a single supply is higher or selected.

4. The person entitled to a survivor's pension on the basis of the law or on the basis of the provisions referred to in article 1. 61, which is simultaneously entitled to salaries in the rest granted on grounds of age, shall be paid a single supply is higher or selected.

Article. 26. [the right to a survivor's pension for incapacity for work and pensions] 1. The person entitled to a pension for incapacity for work accident insurance and pensions on the basis of separate regulations shall be paid, depending on its choice: 1) which a pension plus the half pension or 2) retirement plus half a pension.

1a. the amount of half of the pension, as referred to in paragraph 2. 1 paragraph 1 covers the half of the total amount of the pension of the social insurance fund and pension capital paid on the basis of separate laws, and may not be less than the amount owed to the pension, the pension capital is paid in full.

2. the provision of paragraph 1. 1 shall apply mutatis mutandis to a person who has acquired the right to a survivor's pension in Exchange for holding passed into the ownership of the State, and to the person that takes the emoluments of idle granted on grounds of age.

3. The provisions of paragraph 1. 1 shall not apply if the beneficial owner of the income is achieved that causes the suspension of the right to benefits or reduce their amount specified in the law on pensions and pensions with FUS, regardless of the amount of the income.

4. The person referred to in paragraph 1. 1 or 2, shall be entitled to one extra care-accident insurance.



Chapter 4 principle of the differentiation of the rate of contribution to the accident insurance in respect of accidents at work and occupational diseases, depending on the occupational hazards and their effects of the Art. 27. [interest rate premiums] interest rate premiums for accident insurance shall be fixed for the year of contribution.

Article. 28. [the amount of the interest rate] 1. Percentage of contributions to accident insurance for the payer contributions the applicant to accident insurance not more than 9 insured is 50% of the highest interest rate fixed for the contribution year for a group of activities, in accordance with the principles set out in article 4. 30.2. The interest rate of contributions to accident insurance for the payer contributions the applicant to accident insurance at least 10 insured shall determine the Bet as the product of the interest rate premium on accident insurance specified for group activities, to which the payer of the contributions and the weightings fixed for the payer contributions, subject to article 22. 33.3. The number of insured persons referred to in paragraph 1. 1 and 2, shall be determined as the quotient of the sum insured under the insurance wypadkowemu in the individual months of the previous calendar year and the number of months by which the payer of the contributions was requested in the preceding calendar year in the establishment at least 1 day.

4. If the payer of the contributions raised is in the works for the period from 1 January of the year to 31 March of the following year, the number of insured persons referred to in paragraph 1. 3, shall be determined on the basis of the number of insured persons subject to notification to the accident insurance in the calendar month from which the payer of the contributions was requested in.

Article. 29. [Payer contributions] 1. Payer contributions referred to in article 2. 28 paragraph 1. 2, belongs to a group of activities set for its activities according to the PKD contained in the registry NUMBER on 31 December of the previous year.

2. the payer contributions requested in an establishment for the period from 1 January of the year to 31 March of the following year belongs to a group of activities set for its activities according to the PKD contained in the registry NUMBER on the day from which the payer of the contributions is in the works requested.

Article. 30. [risk Category] 1. The interest rate premium on accident insurance for the group activities shall be determined depending on the risk category established for this group.


2. risk Category for a group of activities shall be determined depending on the risk of specific indicators, frequency: 1) injured in accidents at work;

2) victims of accidents fatalities and heavy;

3) identified occupational diseases;

4) employed in conditions of risk.

3. The effect of each of the indicators frequency referred to in paragraph 1. 2, to determine the risk categories for group activity is equal to.

4. risk Category for a group of activities shall be determined on the basis of the data of the Central Statistical Office for the last three calendar years, available on 31 January of the current year.

5. risk Category for groups of activities shall be established for a period of no more than 3 years of contribution.

Article. 31. [amount of weightings] 1. The height of the weightings referred to in art. 28 paragraph 1. 2:1) in the period from 1 April 2006 to 31 March 2009-from 0.8 to 1.2;

2) from 1 April 2009-from 0.5 to 1.5.

2. the weightings shall be fixed for the year of contribution, depending on the risk category established for payer contributions.

3. risk Category for the payer contributions shall be determined depending on the risk of specific indicators, frequency: 1) injured in accidents at work;

2) victims of accidents fatalities and heavy;

3) employed in conditions of risk.

4. impact indicators frequency referred to in paragraph 1. 3 paragraphs 1 and 2 to determine the risk categories for payers of contributions is equal to, and frequency indicator referred to in paragraph 1. 3 paragraph 3 – twice the size of each of these two indicators.

5. risk Category for the payer contributions shall be determined on the basis of the data referred to in paragraph 1. 3, transferred by the payer contributions for the next three, the last calendar years.

6. the data referred to in paragraph 1. 3, payer contributions shall by 31 January of the year for the previous calendar year in the information containing in particular: 1) identification data of the contribution payer, referred to in the provisions of the social insurance system;

2) type of activity according to the PKD;

3) the number of insured persons reported to the accident insurance;

4) the address of the payer's contributions.

7. The information referred to in paragraph 1. 6 passes payer contributions referred to in article 2. 28 paragraph 1. 2, requested the plant continuously from 1 January to 31 December of the previous year and at least 1 day in January of the year concerned.

8. The information referred to in paragraph 1. 6, shall be in the same form as the payer of contributions in respect of the documents referred to the provisions of the social insurance system.

9. A copy of the information referred to in paragraph 1. 6, and its adjustments to the payer of the contributions is obliged to keep for a period of 10 years from the date of their transfer to the permanent establishment, in the form of a document written or electronic.

10. the payer contributions is required to submit a correction of information referred to in paragraph 1. 6, within 7 days from: 1) irregularities in their own field;

2) receipt of notice of finding of irregularities by the establishment.

11. If the need for the correction of the data given in the information referred to in paragraph 1. 6, due to irregularities by Company: 1) in the decision, the payer should submit the correction information not later than 7 days after the decision has become final;

2) during control-payer should submit the correction information no later than 30 days from the date of receipt of the control protocol.

12. Bet can take from the Office of the information referred to in paragraph 1. 6, or correct the errors identified in the authority.

Article. 32. [notice of the amount of the interest rate] 1. At the height of the interest rate premium on accident insurance in force in that year the Company shall notify the payer of the contributions referred to in article 2. 28 paragraph 1. 2, not later than 20 April of that year, with the exception of the cases referred to in article 1. 33 para. 1 and 2.

2. If the payer contributions by 30 April of the year concerned does not receive the notification referred to in paragraph 1. 1, should refer to an organizational unit of the plant proper due to its headquarters for the amount of the interest rate premium for accident insurance.

Article. 33. [percentage of contributions] 1. Percentage of contributions to accident insurance for the payer contributions referred to in article 2. 28 paragraph 1. 2, which the Company has not determined the risk category due to the lack of a requirement to provide information referred to in article 1. 31 para. 6, for three, the last calendar years is as much as the rate of interest specified for the business group to which it belongs.

2. If, before the expiry of the payment of contributions referred to in the provisions of the social insurance system, payer contributions referred to in paragraph 1. 1, does not receive from the Statistical Office a certificate of entry in the register (REGON) containing information about the type of activity according to the PKD, the interest rate premium on accident insurance shall be established in advance in the amount specified in the article. 28 paragraph 1. 1. Upon receipt of the contribution payer certificate is required from the beginning of the year of the contribution to correct interest rate premiums to the amount of the interest rate specified for the hotel group, which is classified.

3. Percentage of contributions to accident insurance for the payer contributions not subject to entry in the register (REGON) is 50% of the highest interest rate fixed for the contribution year for groups in accordance with the principles set out in article 4. 30.4. The competent Minister in charge of social security shall determine by regulation: 1) group activities based on the type of activity PKD enclosed in the register NUMBER;

2) detailed rules for determining the risk category depending on the frequency indicators, risk categories and rates of contributions to accident insurance for groups;

3) detailed rules for determining the risk category for payers of contributions depending on the frequency indicators;

4) detailed rules for determining the weightings;

5) information referred to in article 1. 31 para. 6. Article. 34. [Determine interest rate decision] 1. If the payer contributions do not provide data or provide false information, referred to in article 1. 31, which will result in understating the rate of contributions to accident insurance, the Company shall determine by way of decision, the interest rate premium contribution throughout the year in the amount of 150% of the interest rate determined on the basis of valid data. Payer contributions shall be required to pay the outstanding contributions, together with interest for late payment.

2. If the payer contributions do not provide data or provide false information, referred to in article 1. 31, which will overstate the rate of contributions to accident insurance, the Company shall be the interest rate premiums for full year contribution of the interest rate determined on the basis of valid data.

3. the provision of paragraph 1. 1 and 2 shall apply mutatis mutandis to the payers of contributions referred to in article 1. 28 paragraph 1. 1 and art. 33 para. 1 and 2, who incorrectly have determined the number of insured persons or group activity, and, if the payer contributions finds an irregularity, it is obliged to determine the rate of contributions to accident insurance on their own.

4. In the case referred to in paragraph 1. 1 and 2, the payer of the contributions is required to submit missing information or correct incorrect information.

5. (repealed).

Article. 35. [the finding incorrect data] if, during checks carried out at the payers of contributions labour inspectors find providing inaccurate data, referred to in article 1. 31 para. 6, inform the Company by providing the correct data at the same time.

Article. 36. [request for increase in contributions] 1. The labour inspector may apply to the organizational unit of the plant proper due to the resident payer contributions with the request for an increase in contributions to the payer, in which during two subsequent controls found glaring violations of the provisions of the safety and health at work, about 100% of the interest rate premium for accident insurance on the next contribution year.

2. the decision on the increase of the interest rate premium for accident insurance, referred to in paragraph 1. 1, it seems.



Chapter 5 funding policies for prevention of collision Article. 37. [the amount of the expenditure on the prevention of the resultant] 1. [3] in the budgetary Act specifies the annual amount of expenditure on Prevention made up, covered with funds collected in the accident fund, in the amount of: 1) until 31 December 2013, to 0.50%, 2) during the period 1 January 2014 to 31 December 2014, from 0.50% to 1.00%, 3) during the period from 1 January 2015 until 31 December 2015, from 0.65% to 1.00% , 4) in the period from January 1, 2016 until 31 December 2016-0.80% to 1.00%, 5) in the period from 1 January 2017 – from 1.00% premiums on accident insurance, as provided for in the financial plan, the social insurance fund for the financial year.

2. [4] the measures referred to in paragraph 1. 1, is intended to finance activities related to the prevention of accidents at work and professional diseases, taking into account the capacity for work throughout the period of professional activity in terms of its impact on the formation of these events, in particular on:


1) funding activities aimed at maintaining the ability to work throughout the period of professional activity, conducted by contributors contributions;

2) analysis of the causes and consequences of accidents at work, and especially fatal accidents, serious and collective, and occupational diseases;

3) dissemination of knowledge about the risks that cause accidents at work and occupational diseases and how to prevent these threats;

4) scientific research work aimed at eliminating or reducing cause accidents at work and occupational diseases.

3. the activities referred to in paragraph 1. 2, leads the company.



Chapter 6 changes in the legislation in force and the transitional and final provisions Article. 38. (omitted).



Article. 39. (omitted).



Article. 40. (omitted).



Article. 41. (omitted).



Article. 42. (omitted).



Article. 43. (omitted).



Article. 44. (omitted).



Article. 45. (omitted).

Article. 46. [requests for one-off compensation] applications for one-time compensation reported before the date of entry into force of this Act shall apply the provisions in force on the date of injury or death from the Association which establishes an accident or occupational disease.

Article. 47. [compensation for an accident at the conduct of non-agricultural activities] 1. The provisions of this Act shall apply to applications for one-time compensation for an accident at the conduct of non-agricultural activities or collaborate on its conduct, which occurred after December 31, 1998, and before the date of entry into force of the Act, if the application is submitted within a period of 6 months from the date of entry into force of the Act, subject to the provisions of paragraph 2. 3.2. The provisions of this Act shall apply to applications for one-time compensation for: 1) created after 31 December 1998, and before the date of entry into force of the law, the damage to health on account of occupational disease in connection with non-agricultural activities or working with her drive, 2) the death of the insured person or pensioner after 31 December 1998, and before the date of entry into force of the Act , in connection with disease, referred to in paragraph 1, if the request was made during the period of 6 months from the date of entry into force of the Act, subject to the provisions of paragraph 2. 3.3. Persons reporting applications in accordance with paragraph 1. 1 or 2 one-off compensation shall not be entitled to in case of debt at the date of the application in respect of social security contributions for an amount exceeding $2.00 and failure to pay this debt until 30 June 2003.

Article. 48. (omitted).

Article. 48A. [the application of the provisions of the Act] 1. The provisions of the Act apply to accidents of officers of customs in the performance of official duties that take place after 31 December 2002.

2. the provisions of this Act shall apply to applications for benefits for occupational disease, officers of the customs service reported after 31 December 2002.

Article. 49. [requests for benefits in respect of accidents on the way to work or from work] 1. Applications for benefits in respect of accidents on the way to work or work that took place before the date of entry into force of the Act, shall be subject to examination under the provisions of the existing.

2. the amount of the one-time compensation for death or injury resulting from accidents, referred to in paragraph 1. 1, shall be determined on the basis of a single rate of compensation applicable in December 2002.

3. applications for benefits in respect of accidents in specific circumstances arising before the date of entry into force of the Act shall be on the basis of the provisions in force at the date of the accident.

Article. 49A. [transitional provisions] 1. The provisions of the Act shall apply to cases of benefits in respect of accidents at work that have occurred since 1 January 2003, this also applies to benefits in respect of occupational diseases, if the damage to health caused by the disease was found after 31 December 2002, subject to the provisions of paragraph 2. 3.2. For benefits in respect of accidents occurring before 1 January 2003, and for damage to health caused by an occupational disease, and established before that date, shall apply the provisions in force on the day on which the accident occurred or in which the stated damage to health caused by occupational disease.

3. for cases of damage to health benefits established after 31 December 2002, and caused by the occupational disease resulting in employment or while driving a non-agricultural activity or cooperation with her, jeopardizing the disease that came to an end before 1 January 2003, the provisions in force on the date of termination of the employment or activities (cooperation).

Article. 50. [Annuity] 1. Incapacity pension, disability pension and survivors ' pensions granted under the provisions referred to in article 1. 61, become company pensions for the purposes of this Act.

2. Recalculation of benefits referred to in paragraph 1. 1, taking into account the principle referred to in article 1. 17 paragraph 1. 3, at the request of the person entitled.

3. the undertaking shall inform the persons receiving at the date of entry into force of the Act a pension for incapacity for work ' and survivors ' pensions granted under the provisions of the existing is applicable from 1 January 2003, the conditions of entitlement with a view to achieving the revenue.

Article. 51. [Increasing compensation] 1. Persons who before the date of entry into force of the Act paid one-off compensation, and after this date, there has been a deterioration in their health, subsequent to occupational disease or accident, which has already paid compensation, the compensation according to the principles referred to in article 1. 12 paragraph 1. 2-4.

2. the undertaking shall pay the amount by which the increase was a one-time compensation.

Article. 52. [pension] 1. Family members remaining: 1) invalidity pensioner collecting a pension from an accident on the way to work or with work, whose death occurred after the entry into force of the Act, as a result of the accident, 2) invalidity pensioner collecting a pension in respect of accidents in particular circumstances or in respect of an occupational disease in relation to the particular circumstances, whose death occurred after the entry into force of the Act, as a result of the accident or occupational disease , shall be entitled to a survivor's pension on the conditions set out in art. 17 and one-off compensation under the conditions referred to in article 1. 13 and 14.

2. at the time of the judgment of death, therefore, a pensioner from accident or occupational disease recipe article. 16 shall apply mutatis mutandis.



Article. 53. (omitted).



Article. 54. (omitted).



Article. 55. (omitted).



Article. 56. (omitted).

Article. 57. [a reference to the provisions of] Whenever the provisions refer to the provisions on benefits in respect of accidents at work and occupational diseases, to understand the provisions of this Act.

Article. 58. [the application of the provisions of the Act] to the extent not regulated by law shall apply mutatis mutandis the provisions of the law on benefits cash sickness and maternity benefits and the law on pensions and pensions with FUS.

Article. 59. [the existing implementing rules] until the implementing rules provided for in this Act shall remain in force regulations issued under the Act, referred to in article 1. 61, paragraph 2, if not contrary to the provisions of this Act.

Article. 60. [transitional provisions] regulations: 1) art. 34 para. 3 shall apply starting from the contributions due for the period from 1 April 2006;

2) art. 36 shall apply to checks carried out on payers of contributions not earlier than the date of entry into force of the Act.

Article. 61. [the provisions repealed] are hereby repealed: 1) Act of 27 September 1973 on retirement pension and their families (OJ 1983, # 31, item 145, 1986 No. 42, item 202, 1989, no. 35, item 190, 1990, no. 36, item 206, 1991, no. 104, item 450, 1995 # 4 , item. 17, 1996, no. 100, item. 461, 1997 No. 28, item. 153 and 1998 No. 137, item. 887 and No. 162, item. 1118);

2) Act of 12 June 1975 on benefits in respect of accidents at work and occupational diseases (Journal of laws of 1983, no. 30, item 144, 1989, no. 35, item 192 of 1990 No. 36, item 206, 1991 No. 94, item 422, 1995 # 4, item 17, 1996, no. 24, item 110 and # 100 , item. 461, 1998 No. 106, item. 668 and No. 162, item. 1118 and 2002 No. 78, item. 713);

3) Act of 19 December 1975 on social insurance of people performing work on the basis of the agency contract or contract (Journal of laws of 1995, no. 65, item 333 and # 128, 617, 1996, no. 100, item. 461, 1997 No. 28, item 153., 1998 No. 137, item 887. and no 162, item 1118 and 1999 # 60 , item. 636);

4) Decree of 4 March 1976 on social insurance of members of agricultural production cooperatives and cooperatives of agricultural circles and their families (OJ 1983, no. 27, item 135, 1989, no. 35, item 190, 1990, no. 36, item 206, 1991, no. 104, item 450, 1995 # 4, item 17, 1996, # 100 , item. 461, 1997 No. 28, item. 153, 1998, no. 162, item. 1118 and 1999 No. 60, item. 636);

5) Act of 18 December 1976 on social insurance of persons carrying on economic activities and their families (Journal of laws of 1989 No. 46, item 250, 1990, no. 36, item 206, 1991, no. 104, item 450 and No. 110, item. 474, 1995 # 4, item 17, 1996, no. 100, item. 461 and # 124 , item. 585, 1997 No. 28, item. 153, 1998, no. 106, item. 668, # 137, poz. 887 and No. 162, item. 1118 and 1999 No. 60, item. 636);


6) Act of 17 May 1989 on the social insurance of the clergy (OJ No 29, item 156, 1990, no. 36, item 206, 1991, no. 104, item 450, 1995 # 4, item 17, 1996, no. 100, item. 461, 1997 No. 28, item 153., 1998 No. 137, item 887. and # 162 , item. 1118 and 1999 No. 60, item. 636). 62. [entry into force] this Act shall enter into force on 1 January 2003, with the exception of: 1) art. 45, paragraph 3, article. 50 paragraph 1. 3 and art. 56, that shall enter into force on the date of the notice;

2) art. 40, which shall enter into force on 1 October 2003.

[1] the amount of the one-time compensation for accident at work or occupational diseases for the period from April 1, 2014 to 31 March 2015 were announced in the notice the Minister of labour and social policy of 26 February 2014 on the amounts of disposable compensation for accident at work or an occupational disease (M.P. item 187).

The amount of the one-time compensation for accident at work or occupational diseases for the period from 1 April 2015 to 31 March 2016 were announced in the notice the Minister of labour and social policy of 26 February 2015 on the amounts of disposable compensation for accident at work or an occupational disease (M.P., item 251).

[2] the amount of the one-time compensation for accident at work or occupational diseases for the period from April 1, 2014 to 31 March 2015 were announced in the notice the Minister of labour and social policy of 26 February 2014 on the amounts of disposable compensation for accident at work or an occupational disease (M.P. item 187).

The amount of the one-time compensation for accident at work or occupational diseases for the period from 1 April 2015 to 31 March 2016 were announced in the notice the Minister of labour and social policy of 26 February 2015 on the amounts of disposable compensation for accident at work or an occupational disease (M.P., item 251).

[3] Article. 37 paragraph 2. 1 in the version established by art. 8 of the Act of 11 may 2012, amending the law on pensions and pensions from the social insurance fund and certain other laws (OJ, item 637). Change entered into force on 1 January 2013.

[4] Article. 37 paragraph 2. 2 in the version established by art. 8 of the Act of 11 may 2012, amending the law on pensions and pensions from the social insurance fund and certain other laws (OJ, item 637). Change entered into force on 1 January 2013.

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