Key Benefits:
ACT
of 30 October 2002
o social insurance in the case of accidents at work and occupational diseases
Chapter 1
General provisions
Article 1. [ Regulatory scope] The Act shall specify:
1. the types of benefits in respect of accidents at work and occupational diseases and the conditions governing the acquisition of the right to such benefits;
2) the rules and mode of granting of benefits, the fixing of their amount and the rules for their payment;
3. the rules for differentiating the rate of contributions to social security contributions for accidents at work and occupational diseases depending on the occupational hazards and their effects;
4) the financing rules for accident prevention.
Article 2. [ Definitions] The terms used in the Act shall mean:
1) "accident fund"-a fund extracted under the Social Insurance Fund, referred to in the provisions of the Act of 13 October 1998. o Social Security System (Dz. U. 2007 No 11, pos. 74, as of late. zm.), hereinafter referred to as " social security rules ';
2. "doctor adjudicate"-a medical examiner of the Social Insurance Institution;
(2a) "medical committee" shall be the medical committee of the Social Insurance Institution;
3. "accident insurance period" means the period covered by the accident insurance, and the period covered by social insurance or pension provision before 1 January 1999;
4) "contributor of contributions"-the payer of contributions for accident insurance within the meaning of the provisions on the social security scheme;
5) "average salary"-the average monthly salary in the national economy in the previous year, advertised for the pension purposes in the Official Gazette of the Republic of Poland "Monitor Polski" by the President of the Central Statistical Office, applicable from the second quarter of each year for a period of one year;
6. "Act on Cash Benefits of Sickness Insurance"-Act of 25 June 1999 on social security benefits in the event of sickness and maternity (Dz. U. of 2005 Nr 31, pos. 267, of late. zm.);
7. "Act on FUS Pensions and Rents"-Act of 17 December 1998. o pensions from the Social Insurance Fund (Dz. U. 2009 r. No. 153, pos. 1227);
(8) "year of contribution"-the duration of the interest rate for insurance premiums due for the period from 1 April of the year concerned to 31 March of the following year;
9. "REGON register" means the national official register of entities of the national economy;
10) "type of activity according to PKD"-the type of prevailing activity coded according to the Polish Classification of Activities in the REGON register;
(11) 'insured', a natural person subject to an accident insurance, and a person who, before 1 January 1999, is entitled to a person who is entitled to a person who is entitled to a has been subject to social insurance or to pension provision, excluding persons subject to social insurance for farmers;
(12) "accident insurance"-social insurance for accidents at work and occupational diseases within the meaning of the provisions on social security schemes;
13) "injury"-damage to the tissues of the body or organs of man by means of an external factor;
14) "Plant"-The Social Insurance Institution.
Article 3. [ Accident at Work] 1. A sudden event caused by an external cause causing injury or death in connection with the work shall be considered as an accident at work:
1) during or in connection with the performance by the employee of the usual activities or instructions of the superiors;
2) during or in connection with the performance of an employee's activity to the employer, even without the command;
3) at the time of the employee's stay at the employer's disposal on the way between the employer's head office and the place of performance of the duty-related obligation.
2. On a par with an accident at work, in terms of entitlement to benefits specified in the Act, the accident to which the employee succumb has been treated:
(1) during a business trip in circumstances other than those referred to in paragraph 1. 1, unless the accident is caused by the conduct of a worker who is not in connection with the performance of the tasks entrusted to him;
2) during the training in the field of universal self-defense;
3) in the performance of tasks commissioned by the employers ' organisations acting in their work.
3. A sudden event caused by an external cause causing injury or death, which occurred during an accident insurance period in the course of a given title, shall also be considered as an accident at work:
1) practising sport during competitions and training by a person collecting a sports scholarship;
2) performing the work of paid work on the basis of the referral to work during the time of serving a custodial sentence or temporary arrest;
(3) the appointment of a Member or a senator who takes the emoluments;
3a) (repealed);
4) taking training, internship, professional preparation of adults or professional preparation in the workplace by a person collecting a scholarship during the period of this training, internship, professional preparation of adults or professional preparation in the place of work on the basis of a referral issued by a district labour office or by another operator, to receive a scholarship on the basis of the provisions on promotion of employment and labour market institutions during the period of postgraduate studies;
5) the execution by a member of an agricultural production cooperative, a cooperative of agricultural machinery rings and by another person treated on a par with a member of a cooperative within the meaning of the provisions on the social security system, working for the benefit of those cooperatives;
6) to perform work on the basis of a agency contract, contract of order or service contract, to which according to the Civil Code the provisions relating to the order apply;
6a) perform work on the basis of the activation contract referred to in the Act of 4 February 2011. on the care of children under the age of 3 (Dz. U. Nr 45, poz. 235);
7) cooperation in the performance of work on the basis of a agency contract, contract of contract or service contract, to which according to the Civil Code the provisions relating to the order shall apply;
8) the execution of ordinary activities related to the conduct of non-agricultural activities within the meaning of the provisions on the social security system;
9) perform ordinary activities related to cooperation in carrying out non-agricultural activities within the meaning of the provisions on the social security system;
10) the exercise by a person of spiritual religious activities or activities related to the pastoral or religious functions entrusted to them;
11. hold a replacement service;
12) teaching at the National School of Public Administration by listeners taking the scholarship;
13) perform work on the basis of a agency contract, contract contract or service contract, to which according to the Civil Code the provisions concerning the order shall apply, or the contract of work, if such contract has been concluded with the employer, with whom the person remains in employment, or if, in the framework of such an agreement, he performs work for the benefit of the employer, with whom he remains in employment;
14. duties by the customs officer of duty.
4. A fatal accident at work shall be considered an accident resulting in death within a period not exceeding six months from the date of the accident.
5. A serious accident at work is considered an accident, resulting in severe damage to the body, such as loss of vision, hearing, speech, reproductive performance or other bodily injury or a health solution, which violates essential functions The body, as well as a disease that is not treatable or life-threatening, has continued mental illness, total or partial inability to work in the profession or permanent, significant ankylosing or disfigurement of the body.
6. A collective accident at work is considered an accident, which has resulted in at least two persons in the same event.
Article 4. [ Occupational Disease] The disease referred to in Article 1 shall be considered as a occupational disease. 235 1 Labour code.
Article 5. [ Determining the circumstances and causes of accidents] 1. Establishes the circumstances and causes of accidents at work referred to in art. 3 para. 3, on the accident card:
1) an entity paying a scholarship to a sports scholarship-in relation to the taking of these scholarships;
2) the entity on whose behalf the work is carried out in the course of a custodial sentence or temporary arrest-in relation to the work carried out on the basis of a referral to work;
3) the Chancellery of the Sejm in relation to the deputies and the Chancellery of the Senate in relation to the senators;
4) the employer with whom the person receiving the scholarship is internship, the professional preparation of adults, professional preparation in the workplace or training, or the unit in which the person receiving the scholarship takes training-in relation to the person taking a scholarship during the period of the internship, professional preparation of adults, work preparation in the workplace or training on the basis of a referral issued by the district labour office or by any other operator, downloading stipend on the basis of employment promotion regulations and labour market institutions in the period of postgraduate studies;
5. production cooperatives, cooperative machinery rings-in relation to the members of these cooperatives and other persons treated equally with a member of the cooperative, within the meaning of the provisions on social security schemes which do work for the benefit of the members of the cooperative society those cooperatives;
6) the entity on whose behalf the work is carried out on the basis of a agency contract, contract contract or service contract, to which, in accordance with the Civil Code, the provisions relating to the order shall apply-in relation to the executing such contracts;
7) a person performing work on the basis of a agency contract, contract contract or service contract, to which, in accordance with the Civil Code, the provisions relating to the order shall apply-in relation to the cooperating with that person;
8) The establishment-in relation to non-agricultural activities and cooperating in the conduct of such activities within the meaning of the provisions on the social security system and also in relation to the performing work on the basis of the contract activation referred to in the Act of 4 February 2011. taking care of children up to the age of 3;
9) (repealed);
10) the proper authority of the diocesan or religious institution-in relation to the clergy;
(11) the employer in whom the person is a substitute service, in relation to the service in question;
12) National School of Public Administration-in relation to the listeners of this school levied scholarship;
13) an employer-in relation to persons performing work on the basis of a agency contract, contract contract or service contract, to which according to the Civil Code the provisions relating to the order or the contract of work shall apply, if such contract is it has been concluded with the employer, with whom those persons remain in the employment relationship;
14) an entity with which an agency contract has been concluded, an order contract or a service contract to which, according to the Civil Code, the provisions relating to the order shall apply, or the contract of work-in relation to the persons performing the contract, if the the framework of such a contract is performed for the benefit of the employer, with whom those persons remain in the employment relationship;
15) the entity in which the customs officer is in service-in relation to those officers.
2. The determination of the circumstances and causes of the accident at work, to which the insured person who is an employee has succumb, and the declaration of occupational disease in the employee shall be carried out in accordance with the provisions of the Labour Code
3. In cases of notification and determination of occupational diseases to the insured persons referred to in art. 3 para. 3 shall apply mutatis mutandis the provisions of the Labour Code.
4. The Minister responsible for social security shall determine, by means of a regulation, the mode of recognition of the event referred to in art. 3 para. 3, for the accident at work, the legal qualification of the event, the model of the accident card and the timing of its drawing up, taking into account the need to ensure the uniformity 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 governing the acquisition of the right to benefits, the rules and procedures for granting them, the fixing of their amount and the rules on payment of their entitlement to benefits
Article 6. [ Types of benefits] 1. In the event of an accident at work or a occupational disease, the following benefits shall be provided:
(1) "sickness allowance", for the insured person whose incapacity for work is due to an accident at work or occupational disease;
(2) "rehabilitation benefit"-for the insured person who, after exhaustion of the sickness benefit, is still unfit for work, and that further treatment or rehabilitation is in the process of recovering the capacity to work;
(3) "compensatory allowance", for the insured person who is an employee whose remuneration has been reduced as a result of permanent or long-term bodily injury;
4. "one-off compensation", for the insured person who has suffered permanent or long-term bodily injury;
5) "one-off compensation"-for the members of the family of the deceased insured or the rencise;
(6) "survivor's pension", for the insured person who has become incapable of working as a result of an accident at work or a occupational disease;
(7) "training pension" means an insured person who has been entitled to a professional retraining in respect of his/her inability to work in the current profession due to an accident at work or a occupational disease;
(8) "survivor's pension" means, for the members of the family of a deceased insured person or a pensioner entitled to a survivor's pension for an accident at work or a occupational disease;
(9) "addition to the survivor's pension", for the orphan's full-orphan;
10) nursing allowance;
11) coverage of the costs of treatment in the field of dentistry and preventive vaccination and the supply of orthopaedic objects within the scope of the specific Act.
2. Personalities:
1) conducting non-agricultural activities and the persons cooperating with them,
(2) the clerical payment of contributions to his own insurance
and the members of their family of benefits referred to in paragraph 1. 1, shall not be entitled in the event of an accident on the day of the accident or on the day of submission of the application for the granting of benefits for the occupational disease of debt for social security contributions for an amount exceeding 6,60 zł until the repayment of the total debt, subject to Article 47 para. 3.
3. The right to the benefits referred to in the paragraph. Points 1, 2, 4, 5 and 11 shall be expired if the debt referred to in paragraph 1 (1), (b), (b) and (2) is expired. 2, will not be settled within 6 months from the date of the accident or from the date of application for the grant of these benefits for occupational disease.
4. The individuals referred to in paragraph. 2, The plant shall pay the benefits within 30 days of the clarification of the last circumstances necessary to establish the right to these benefits, but not later than within 60 days of the repayment of the total debt.
Article 7. [ Application of provisions of the Act] In determining the right to benefits listed in Article 6 para. The provisions of the Cash Benefits Act from sickness insurance are applied mutatis mutandis, subject to the provisions of this Act, as well as on the basis of the provisions of the Act on Sickness Insurance.
Article 8. [ Sickness Benefit] 1. The sickness benefit from accident insurance shall be entitled regardless of the period covered by the insurance.
2. The sickness benefit from accident insurance shall be entitled from the first day of incapacity for work caused by an accident at work or occupational disease, subject to the paragraph. 3.
3. The sickness benefit from accident insurance shall not be entitled to periods of incapacity for work caused by accidents at work or occupational disease, for which the insured under the separate provisions retains the right to pay, salary, a scholarship or another benefit for the time of incapacity for work.
4. Paragraph Recipe 3 shall apply mutatis mutandis to the rehabilitation benefit.
Article 9. [ Grounds for sickness benefit and rehabilitation benefit] 1. The sickness force and rehabilitation benefit from accident insurance are entitled to 100% of the base of the dimension.
2. The basis of the allowance and benefit assessment referred to in paragraph 2. 1, constitutes the amount which is the basis for the assessment of the contributions to accident insurance.
3. In determining the basis of the amount of the sickness benefit, the following shall be entitled:
1) to employees-the rules set out in Chapter 8 of the Cash Benefits Act from sickness insurance are applied;
2. members of agricultural production cooperatives and cooperative machinery rings, persons serving as a replacement service and persons referred to in art. 11 (1) 2 of the Act on Social Security System-the principles set out in Chapter 9 of the Cash Benefits Act from sickness insurance are applied;
3. the other persons shall apply the rules laid down in the Article. 46, 48 and 52 of the Cash Benefits Act, except that, when determining the basis of the assessment, account is taken of the income as the basis for the assessment of the contributions to the accident insurance after deduction of the amount corresponding to 11,26% the basis of the contribution rate for accident insurance.
4. If the incapacity for the work of the insured person referred to in paragraph In accordance with Article 3 (3), the first calendar month of the accident insurance period is the basis for the sickness benefit assessment, subject to Article 3 (3) (3). 8 ust. 3, provides:
1) the amount of the sports scholarship received for this month-for insured persons who are sporting scholarships,
2) the amount of the scholarship received for this month-for insured persons who are listeners of the National School of Public Administration,
3) the amount of the scholarship received for this month-for insured persons who download the scholarship during the period of training, internship, or professional preparation at the place of work for which they were directed by the county labour office or another operator,
4) (repealed),
(5) the amount of the salary received for that month, for the insured persons who are customs officers, after deduction of the amount referred to in paragraph 1. 3 point 3.
5. (repealed).
Article 10. [ Establishing and payment of benefits and rehabilitation benefits] Entitlement to benefits and rehabilitation benefit from accident insurance shall be determined by the benefit of the benefit and the benefit of the benefit paid:
(1) the payer of contributions, if they are obliged to determine the right to allowances in the event of sickness and maternity and their payment;
2) Plant-in other cases.
Article 11. [ One-off Compensation] 1. A safe, who, as a result of an accident at work or occupational disease, has suffered permanent or long-term bodily harm, shall be entitled to a one-off compensation.
2. A permanent loss of health is considered to be a violation of the fitness of the organism, which causes impairment of the activity of the body which does not improve.
3. For long-term health damage, a failure of the organism shall be considered to cause impairment of the organism for a period of more than 6 months which may be improved.
4. Assessment of the degree of bodily harm and its relationship with the accident at work or occupational disease occurs after the termination of treatment and rehabilitation.
5. The Minister responsible for social security in consultation with the Minister responsible for health shall determine, by regulation, the detailed rules of the adjudication of permanent or long-term bodily injury and the procedure for dealing with the health and safety of the health and safety of the environment. to determine such prejudice and to pay one-off compensation, in order to ensure the protection of the interests of the insured person and the need for transparency and efficiency in the case of one-off compensation.
Article 12. [ Compensation amount] [ 1] 1. One-time compensation shall be entitled to 20% of the average remuneration for each percentage of permanent or long-term bodily injury, subject to art. 55 par. 1.
2. If, as a result of a deterioration in the health status, permanent or prolonged health damage resulting from an accident at work or a occupational disease, which was the basis for granting a one-off compensation, will increase at least 10 percentage points, one-off compensation shall be increased by 20% of the average remuneration for each percentage of bodily injury in excess of the percentage according to which the compensation was fixed, subject to Article 4 (1) of the basic Regulation. 55 par. 2.
3. The one-time compensation shall be increased by an amount equivalent to 3,5 times the average wage, if the insured has been declared incapable of work and an incapacity for independent existence as a result of the accident. at work or occupational disease.
4. Paragraph Recipe 3 shall apply mutatis mutandis where, owing to a deterioration in the health situation following an accident at work or a occupational disease in relation to a pensioner, the total incapacity for work and the inability to live independently have been pronged.
5. To determine the amount of one-off compensation referred to in paragraph 1. 1-4, the average remuneration in force on the date of the decision referred to in Article 4 shall be taken. 15.
6. The amounts of one-off indemnities shall be rounded to the full zloty.
Article 13. [ Family members entitled to compensation] 1. The members of the family of the insured who died as a result of an accident at work or a occupational disease shall be entitled to a one-off compensation. This compensation is also due to death in the event of an accident at work or an occupational disease of the pensioner who was entitled to an invalidity insurance pension.
2. The members of the family entitled to compensation shall be:
1) the spouse, subject to the mouth. 3;
2. children's own children, children of the other spouse, children adopted and accepted for education and maintenance before reaching the age of age, siblings and other children, including in foster care, meeting on the day of death the insured or the pensioner conditions for obtaining the survivor's pension;
(3) parents, adopters, stepmother and stepfather, if, on the date of death of the insured person or the pensioner, he or she had a common household with him or if the insured or the pensioner immediately before his death contributed to their subsistment or where a judgment or judicial settlement has been established, the right to alimony from its part.
3. The one-time compensation shall not be granted to the spouse in the case of the case-law of separation.
Article 14. [ Compensation amount] [ 2] 1. If only one member of the family of the deceased insured or pensioner is entitled to a one-time compensation, it shall be entitled to:
(1) 18 times the average salary when the eligible spouse or child is entitled;
2) 9-times the average salary when the entitled is another member of the family.
2. If, at the same time, they are entitled to a single compensation:
1) the spouse and one or more children-the compensation shall be entitled to the amount set out in the mouth. 1 point 1, increased by 3.5 times the average salary per child;
2) two or more children-the compensation shall be entitled to the amount specified in the paragraph. 1 point 1, increased by 3.5 times the average wage, on the second and every subsequent child.
3. If, in addition to the spouse or children, other members of the family are entitled at the same time, each of them is entitled to a compensation of 3,5 times the average wage, irrespective of the compensation. of the spouse or children in accordance with the mouth. 1 point 1 or paragraph. 2.
4. If only family members other than spouses or children are entitled to a single reparation, the compensation shall be entitled to the amount determined in accordance with the rules laid down in the paragraph. 1 point 2, increased by 3.5 times the average salary, on the second and each of the next eligible.
5. The amount of the one-off compensation determined in accordance with the paragraph. 2 or 4 shall be divided into equal parts between the eligible.
6. To determine the amount of one-off indemnities. 12 (1) 5 shall apply mutatis mutandis.
(7) One-off indemnities for the death of the insured or the pensioner who died as a result of an accident at work or occupational disease, shall be reduced by the amount of the one-off compensation for permanent or long-term bodily injury, to the insured person who has been paid to the insured person.
8. The amount of the one-off compensation shall be rounded to the full zloty.
9. The Minister responsible for Social Security shall announce in the Official Gazette of the Republic of Poland "Monitor Polski" the amount of the amounts of one-off compensation referred to in the paragraph. 1-4 and Art. 12.
Article 15. [ Plant decision] 1. Granting or refusal to grant a one-off compensation and fixing its amount shall be made by a decision of the Works.
2. The decision referred to in paragraph 2. 1, subject to Article 6 para. 4, The plant shall issue within 14 days from the day:
1. receiving a decision of a medical examiner or a medical committee;
2) clarification of the last circumstances necessary for the decision.
3. If, as a result of the decision, the right to a one-off compensation is established and the amount thereof, the Department shall make the payment of compensation from the office within 30 days from the date of the decision.
4. The decision shall be entitled to an appeal in accordance with the rules laid down in the rules on the social security system.
Article 16. [ Determination of bodily injury] 1. The permanent or long-term health loss and the relationship with the occupational accident or illness shall be determined by the doctor or by the medical committee. In the case of determining the right to benefits referred to in Article 6 para. In accordance with Article 1 (1) (1) and (5), the doctor or doctor shall also determine the incapacity for work and its relationship with an accident at work or a occupational disease, as well as the relationship of death of the insured or the rencise with such an accident or disease.
2. When establishing permanent or long-term bodily injury and its relationship with an accident at work or occupational disease, the provisions of the Pensions Act and the FUS on the mode of adjudication of incapacity for work shall apply mutatis mutandis.
Article 17. [ Application of provisions of the Act] 1. In determining the right to a survivor's pension, a training pension, a survivor's pension and a supplement to the survivor's pension for an orphan completely under accident insurance, to determine the amount of such benefits and the payment of such benefits shall apply accordingly the provisions of the Act on Pensions and Rents of the FUS, taking into account the provisions of this Act.
2. The benefits referred to in paragraph. 1, irrespective of the length of the accident insurance period and irrespective of the date of the incapacity for work caused by accidents at work or occupational disease.
3. In determining the basis of the pension, the limit on the basis of the basis of the basic amount referred to in Article shall not be applied. 15 para. 5 of the Act on Pensions and Rents from the FUS.
4. The right to a pension for incapacity for work caused by an accident at work or occupational disease, which has ceased due to the cessation of incapacity to work, shall be reinstated in the event of reformation of that incapacity regardless of the period of time elapsed the right to an annuity.
5. A survivor's survivor's pension shall be entitled to entitled members of the family of the insured person who has died following an accident at work or a occupational disease.
6. A survivor's survivor's pension shall also be entitled in the event of death following an accident at work or a professional illness of the pensioner entitled to a pension for incapacity for work.
7. Members of the family of the renciser entitled to a survivor's pension, who has died for other reasons than the accident at work or occupational disease, the benefits specified in the Act on Pensions and Rents of FUS regardless of length the period of entitlement to the pension for incapacity for work under those provisions.
Article 18. [ Renta for incapacity for work and training renta] 1. The Renta for incapacity for work and training pension from accident insurance may not be less than:
1) 80% of the base of its dimension-for a person who is completely unfit to work;
2) 60% of the base of its dimension-for a person partially unable to work;
3) 100% of the base of its dimension-for the person entitled to the training pension.
2. The provision of the paragraph. 1 shall not apply in the case of establishing the basis for the assessment of the pension, taking into account art. 17 para. 3.
Article 19. [ Appendix for Orphans Completer] 1. If the survivor's survivor's pension is entitled to an orphan's entitlement, he shall be entitled to a full orphan's allowance under the conditions and in the amount specified in the Law on FUS pensions and pensions.
2. The person entitled to an invalidity insurance pension shall be entitled to a care allowance in accordance with the rules and in the amount specified in the Act on Pensions and Rents of the FUS.
Article 20. [ Benefit Valorisation] 1. Rents from accident insurance, supplement for orphans complete and the supplement to the nursing care of this insurance are subject to valorization within the time limits and under the rules laid down in the Act on Pensions and Rents from the FUS.
2. The survivor's pension, the training pension and the survivor's pension shall not be less than 120% of the amount of the lowest eligible pension fixed and increased in accordance with the Pensions Act and the FUS.
Article 21. [ Exclusion of the right to benefits] 1. Benefits of accident insurance shall not be entitled to an insured person when the sole cause of the accidents referred to in art is caused by the accident insurance. 3, there was a proven breach by the insured law on the protection of life and health, caused by him intentionally or by gross negligence.
2. The benefits of accident insurance are also not entitled to an insured person, who, being in a state of incarriages or under the influence of narcotic drugs or psychotropic substances, has contributed significantly to the cause of the accident.
3. If there is a reasonable assumption that the insured person was in a state of non-slaughterhouse, under the influence of narcotic drugs or psychotropic substances, the payer of contributions directs the insured for the study necessary to determine the contents alcohol, narcotic drugs or psychotropic substances in the body. The insured person is obliged to submit to this study. The refusal to undergo the examination or any other conduct preventing it from being carried out results in deprivation of the right to benefits, unless the insured proves that there were reasons that prevented the surrender of the study.
4. The costs of the research referred to in paragraph. 3, shall be returned to the head of the test by the Department, subject to the paragraph. 5.
5. In the cases referred to in paragraph. 2 costs of research shall be borne by the insured.
6. The Minister responsible for social security shall determine, by means of a regulation, the manner in which the costs referred to in paragraph are to be made. 4, the procedure to be followed, the types of documentation necessary for these accounts and the time limit for making them available, taking into account the need to obtain the reimbursement of the costs incurred in the course of such studies without delay.
Article 22. [ Refusal of benefits] 1. The establishment refuses to grant benefits from accident insurance in the case of:
1) failure to present a post-accident protocol or an accident card;
2) non-recognition in the post-accident protocol or the accident card of an event in case of a work accident within the meaning of the Act;
3) when the post-accident protocol or the accident card contains unfounded statements.
2. Refusal to grant benefits for the reasons referred to in paragraph. 1, shall take place by decision of the Plant.
3. If the accident log or the accident card is formal, the Department shall immediately return the protocol or the accident card in order to complete it.
Article 23. [ Covering costs] 1. From the funds of the accident fund are covered costs of the consequences of accidents at work or occupational diseases, related to health benefits in the field of dentistry and preventive vaccination, to which the insured person was directed by a doctor at the request of the treating physician, unfunded on the basis of separate provisions.
2. From the means of the accident fund shall be covered with the costs of medical devices in the amount of the share of the holder as specified in the provisions of art. 38 of the Act of 12 May 2011. refund of medicines, foodstuffs intended for particular nutritional uses and medical devices (Dz. U. No 122, pos. 696).
3. Health benefits in the field of dentistry and preventive vaccination, referred to in paragraph. 1, grant the provider, with whom the director of the provincial branch of the National Health Fund has concluded a contract for the provision of health care benefits.
Art. 23a. (repealed).
Chapter 3
Entitlement to benefits
Article 24. [ Allowance for cash benefits] In the event of an allowance for cash benefits from sickness insurance with the entitlement to benefits referred to in Article 6 para. In accordance with Article 18 (1) (b) of the Accident Insurance Scheme, the insured person is entitled to an accident insurance benefit
Article 25. [ The procedure of the right to several pensions] 1. In the event of a confluent of one person, the right to a few of the pensions provided for in the Act shall be paid an annuity higher or chosen by that person.
2. The provisions of the paragraph. 1 shall apply mutatis mutandis in the event of a confluence of one person's right to an annuity referred to in the Act with the right to an annuity referred to in the provisions listed in Art. 61.
3. A person entitled to an annuity under a law or on the basis of the provisions listed in art. 61, which is also entitled to benefits of a disability pension on the basis of separate provisions, or to emoluments granted by sickness or loss of forces or family allowances, shall be paid one benefit- higher or selected by the higher or higher.
4. A person entitled to a survivor's pension on the basis of a law or on the basis of the provisions mentioned in art. 61, which is at the same time entitled to a salary in a state of resting granted on account of age, shall be paid one benefit, either higher or selected by the person concerned.
Article 26. [ The right to a pension for incapacity for work and to a pension] 1. An eligible pension for incapacity for work on accident insurance and retirement pension under separate provisions shall be paid, depending on the choice of:
(1) an annuity plus half of the pension; or
2) the pension increased by half of the pension.
(1a) The amount of the half of the pension referred to in paragraph 1. 1 point 1, includes half of the total amount of the pension from the Social Insurance Fund and the capital pension paid on the basis of the separate provisions and may not be less than the amount of the capital pension due, with the capital retirement pension shall be paid in full.
2. Paragraph Recipe 1 shall apply mutatis mutandis to the person who acquired the right to the pension in exchange for the holding of the State transferred to the State, and to the person who takes the pension at rest granted on account of his age.
3. The provision of the paragraph. 1 shall not apply if the person entitled reaches the income causing the suspension of the right to benefits or a reduction of the amount specified in the Act on the Pensions and Rents of the FUS, irrespective of the amount of that income.
4. The self referred to in the mouth. 1 or 2, there is a single nursing allowance-out of accident insurance.
Chapter 4
Rules for the differentiation of the interest rate on accident insurance for accidents at work and occupational diseases depending on the occupational hazards and their effects
Article 27. [ Rate of contribution] The interest rate for insurance contributions for accident insurance shall be fixed per member year.
Article 28. [ Height of the interest rate] 1. The rate of the interest rate for the accident insurance for the payer's contribution to the accident insurance does not exceed the 9 insured amounts to 50% of the highest interest rate fixed for the given contributory year for the business groups, according to the with the rules laid down in Article 30.
2. The interest rate for the accident insurance contributions for the contributor's contribution to the accident insurance of at least 10 insured persons shall be determined by the Department as the product of the contribution rate for the accident insurance specified for the group the activity to which the premium payer belongs and the weighting rate fixed for the payer of contributions, subject to Article 33.
3. The number of insured persons referred to in paragraph 1. 1 and 2, shall be determined as the ratio of the sum of insured persons covered by the accident insurance during the individual months of the preceding calendar year and the number of months by which the premium payer was in the previous calendar year reported in Establishment of at least 1 day.
4. If the payer of contributions is reported in the establishment during the period from 1 January of a given year to 31 March of the following year, the number of insured persons referred to in paragraph shall be provided. 3, it 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 premium payer has been reported in the Plant.
Article 29. [ Contributions payer] 1. The payer of the contributions referred to in art. 28 para. 2, belongs to the group of activities established for its kind of activity according to the PKD included in the REGON register on 31 December of the previous year.
2. The payer of the contributions reported in the Plant during the period from 1 January of a given year to 31 March of the following year belongs to the group of activities determined for its kind of activity according to the PKD included in the REGON register on the day from which the contributor of the premiums is reported in the Plant.
Article 30. [ Risk category] 1. The interest rate for accident insurance contributions for a group of activities shall be determined according to the risk category established for that group.
2. The risk category for a group of activities shall be determined according to the risk defined by the frequency indicators:
1) victims of accidents at work in general;
2) victims of accidents at work of death and heavy duty;
(3) the occupational diseases found;
4) employed under threat conditions.
3. The influence of each of the frequency indicators referred to in paragraph. 2, the setting of risk categories for the group of activities shall be equal.
4. The risk category for the group of activities shall be determined on the basis of the data of the Central Statistical Office in the last three calendar years, available on 31 January of the given year.
5. The risk category for business groups shall be fixed for a period of not more than 3 years.
Article 31. [ Height of the weighting] 1. The amount of the weighting rate referred to in Article 4 28 para. 2, shall be:
1. for the period from 1 April 2006. by 31 March 2009 -0,8 to 1,2;
2. from 1 April 2009. -0,5 to 1,5.
2. The weighting shall be fixed per member year depending on the risk category established for the premium payer.
3. The risk category for the premium payer shall be determined on the basis of the risks identified by the frequency indicators:
1) victims of accidents at work in general;
2) victims of accidents at work of death and heavy duty;
3) employed under threat conditions.
4. The influence of the frequency indicators defined in the mouth. 3 points 1 and 2 for the determination of the risk category for the premium payers shall be equal and the rate of the frequency referred to in paragraph 1 shall be determined. 3 point 3-twice as large as each of these two indicators.
5. The risk category for the premium payer shall be determined on the basis of the data referred to in paragraph 1. 3, the contributions paid by the payer for three consecutive years, the last calendar years.
6. The data referred to in paragraph. 3, the payer of the contributions shall, by 31 January of the year in question, forward for the previous calendar year, in the information containing in particular:
1) the identification details of the premium payer, as defined by the social security system regulations;
2) type of activity according to PKD;
3) the number of insured persons declared for accident insurance;
4) the address of the contributor of contributions.
7. Information referred to in paragraph 1 It shall provide the payer for the contributions referred to in Article 6. 28 para. 2, notified in the Plant for a non-stop operation 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, it shall be transmitted in the same form as the premium payer in respect of the documents specified by the social security scheme.
9. Copy of the information referred to in paragraph. 6, and its corrections payer contributions shall be kept for a period of 10 years from the date of their transfer to the Plant, in the form of a written or electronic document.
10. The payer of contributions shall be obliged to make the correction of the information referred to in the paragraph. 6, within 7 days of:
1) the finding of irregularities in its own right;
2) receipt of notification of the finding of irregularities by the Department.
11. If the correction of the data provided in the information referred to in paragraph 1 is necessary. 6, it results from the finding of irregularities by the Department:
1) in the decision-the payer should submit the correction of the information no later than within 7 days after the decision has been legitimated;
2) during the inspection-the payer should submit the correction of the information no later than within 30 days from the date of receipt of the control protocol.
(12) The establishment may draw up from the Authority the information referred to in paragraph 1. 6, or rectify from the Authority the errors found in it.
Article 32. [ Notice of interest rate] 1. At the rate of the interest rate for the accident insurance in force in the given year, the Bet shall notify the payer of the contributions referred to in Article 3. 28 para. 2, not later than 20 April of the year concerned, except in the cases referred to in Article 33 (1) 1 and 2.
2. If the payer of contributions by 30 April of a given year does not receive the notification referred to in paragraph. 1, it should apply to the organisational unit of the Facility due to its registered office for the application of the rate of the contribution rate for accident insurance.
Article 33. [ Rate of contribution] 1. The rate of the contribution rate for the accident insurance for the payer's contributions referred to in art. 28 para. 2, to which the Bet did not set the risk category due to the lack of the obligation to provide the information referred to in art. 31 par. 6, for three consecutive calendar years, shall be as much as the interest rate specified for the group of activities to which it belongs.
2. If, before the expiry of the period of payment of the contributions, as laid down in the provisions on the social security scheme, the payer of the contributions referred to in paragraph. 1, does not receive from the office a statistical certificate of entry in the REGON register containing information on the type of activity according to the PKD, the interest rate for accident insurance is determined in advance in the amount specified in Art. 28 para. 1. Upon receipt of the certificate, the payment of the contributions shall, from the beginning of the financial year, adjust the interest rate of the contribution to the interest rate specified for the group of activities to which it is classified.
3. The interest rate of the accident insurance contribution for the payer of contributions not entered in the REGON register shall be 50% of the highest interest rate fixed for a given contributory year for the business groups in accordance with the rules laid down in the Art. 30.
4. The Minister responsible for social security shall determine, by means of a regulation:
1) a group of activities based on the type of activity of the PKD included in the REGON register;
2. detailed rules for the setting of risk categories depending on frequency indicators, risk categories and interest rates for accident insurance premiums for groups of activities;
3. detailed rules for determining the risk categories for contributor contributions depending on frequency indicators;
4. the detailed rules for determining the weighting;
5. the model of the information referred to in Article 31 par. 6.
Article 34. [ Determination of interest rate by decision] 1. If the contributor of the premiums does not pass the data or transfers the untrue data referred to in art. 31, which will result in a reduction in the interest rate for accident insurance, the establishment shall determine, by decision, the interest rate for the whole year of the contribution of 150% of the interest rate fixed on the basis of the normal data. The premium payer is obliged to pay the outstanding contributions with interest on arrears.
2. If the contributor of the premiums does not pass the data or transfers the untrue data referred to in art. 31, which will result in the payment of the interest rate for the accident insurance, the establishment shall fix the interest rate for the whole year of the contribution rate at the rate fixed on the basis of the normal data.
3. Paragraph Recipe 1 and 2 shall apply mutatis mutandis to the payers of the contributions referred to in Article 3. 28 para. 1 and Art. 33 (1) 1 and 2 who have incorrectly determined the number of insured persons or a group of activities, where, if the payer determines the irregularity, he/she is obliged to re-establish the interest rate for the accident insurance contributions in his own right.
4. In the case referred to in paragraph. 1 and 2, the payer of the premiums is obliged to submit the missing information or to correct the incorrect information.
5. (repealed).
Article 35. [ Statement of incorrect data] If, at the time of the checks carried out at the payer's contributions, the labour inspectors find that the incorrect data referred to in Article 4 (1) is provided, 31 par. 6, inform the Department of the correct data at the same time.
Article 36. [ Application for the increase of premiums] 1. The labour inspector may apply to the organisational unit of the establishment of the payer due to the seat of the payer's contribution with the application for an increase in the payer of contributions, at which during the two successive checks a flagrant violation of the rules was found occupational safety and health, 100% interest rate on accident insurance, which is set for the next year.
2. The decision on the increase in the interest rate on insurance of accident insurance referred to in paragraph 2. 1, it shall issue the Plant.
Chapter 5
Financing rules for accident prevention
Article 37. [ Amount of expenditure for prepayment of the accident] 1. [ 3] The budget statute shall specify each year the amount of the expenditure for the accident prevention, which shall be covered by the financial resources collected in the accident fund, at:
1. for the period until 31 December 2013. -up to 0,50%,
2) during the period from 1 January 2014. until 31 December 2014 -from 0,50% to 1,00%,
3) in the period from 1 January 2015. by 31 December 2015. -from 0,65% to 1,00%,
4) in the period from 1 January 2016. until 31 December 2016 -from 0,80% to 1,00%,
5) in the period from 1 January 2017. -from 1,00%
-the contributions payable for the accident insurance as provided for in the financial plan of the Social Insurance Fund for the financial year concerned.
2. [ 4] The measures referred to in paragraph 1. 1, shall be devoted to the financing of activities related to the prevention of accidents at work and occupational diseases, taking into account the ability to work throughout the period of professional activity in the aspect of its impact on the emergence of these events, in In particular:
1) to finance actions aimed at maintaining the ability to work throughout the period of professional activity carried out by the payers of contributions;
2) analysis of the causes and effects of accidents at work, and especially fatal, serious and collective accidents, and occupational diseases;
3. dissemination of knowledge about the risks of accidents at work and occupational diseases and the means of countering those risks;
4) carrying out scientific and research work aimed at eliminating or reducing the causes of accidents at work and occupational diseases.
3. The activities referred to in paragraph. 2, runs the Department.
Chapter 6
Amendments to the provisions in force and transitional and final provisions
Article 38. (bypassed).
Article 39. (bypassed).
Article 40. (bypassed).
Article 41. (bypassed).
Article 42. (bypassed).
Article 43. (bypassed).
Article 44. (bypassed).
Article 45. (bypassed).
Article 46. [ Applications for one-off compensation] Applications for one-off compensation notified before the entry into force of the Act shall apply the provisions in force at the date of the judgment, whether or not the death or the occupational disease is affected by the death or death.
Article 47. [ Compensation for non-agricultural activities] 1. The provisions of the Act shall apply to applications for one-off compensation for an accident in carrying out non-agricultural activities or cooperation in its conduct, which occurred after 31 December 1998, and before the entry into force of the Act, o how much the application has been made within 6 months from the date of entry into force of the Act, subject to the paragraph. 3.
2. The provisions of the Act shall apply to applications for one-off compensation from the title:
1. arose after 31 December 1998 and before the date of entry into force of the Act, prejudice to the health of the occupational disease in connection with the carrying out of non-agricultural activities or cooperation in the course of the operation,
2) death of the insured or pensioner after 31 December 1998, and before the date of entry into force of the Act, remaining in connection with the disease referred to in point 1
-if the application was submitted within 6 months from the date of entry into force of the Act, subject to the paragraph. 3.
3. Persons reporting requests in accordance with the paragraph. 1 or 2 one-off indemnities shall not be due to occur on the day of the submission of the debt application for social security contributions for an amount exceeding 2,00 zł and the failure to adjust that debt until 30 June 2003.
Article 48. (bypassed).
Art. 48a. [ Application of provisions of the Act] 1. The provisions of the Act shall apply to accidents of officers of the Customs Service in the performance of official duties, which occurred after 31 December 2002.
2. The provisions of the Act shall apply to applications for the occupational disease benefits of the Customs Service officers reported after 31 December 2002.
Article 49. [ Applications for accidents on the way to work or from work] 1. Applications for benefits in respect of accidents on the way to work or from work that took place before the entry into force of the Act are subject to consideration on the basis of existing regulations.
2. The amount of one-off indemnities for the death or bodily injury resulting from the accidents referred to in paragraph 2. 1, it shall be determined on the basis of the one-off rates of compensation in force in December 2002.
3. Applications for benefits in the event of accidents in special circumstances raised prior to the date of entry into force of the Act shall be considered on the basis of the regulations in force on the day 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, which occurred as of 1 January 2003. This also applies to benefits for occupational diseases, where the health damage caused by such a disease has been established after 31 December 2002, subject to paragraph 1. 3.
(2) For accidents which occurred before 1 January 2003, and for prejudice to health caused by a occupational disease and as established before that date, the provisions in force on the day on which it occurred shall apply. the accident or loss of health caused by occupational disease.
(3) For the purposes of the benefit of, or the benefit of, the benefit of, or cooperation with, the establishment or cooperation of non-agricultural activities, as established after 31 December 2002, in the employment or non-agricultural activity of the Member State concerned, that the disease which has ceased before 1 January 2003 is subject to the provisions in force on the date of the cessation of such employment or activity (cooperation).
Article 50. [ Rents] 1. Rents for incapacity for work, training pensions and family benefits granted on the basis of the provisions referred to in art. 61, become annualised within the meaning of this Act.
2. Reestablishment of the amount of the benefits referred to in paragraph. 1, taking into account the principle laid down in Article 17 para. 3, shall take place at the request of the person entitled.
3. The plant shall inform the persons collecting on the date of entry into force of the Act on the incapacity for work and survivors ' pensions, granted on the basis of existing provisions-which have been in force since 1 January 2003. the conditions for the collection of benefits in connection with the achievement of revenue.
Article 51. [ Increase in compensation] 1. Persons who before the date of entry into force of the Act were paid one-off compensation, and after that date a deterioration of their condition of health, resulting from occupational disease or accident, for which compensation has already been paid, increases shall be compensated according to the rules laid down in Article 12 (1) 2-4.
2. The bet pays the amount by which the one-off compensation has been increased.
Article 52. [ Survivor's Renta] 1. The members of the family remaining after:
(1) a pensioner who takes the pension in the event of an accident on his way to work or from work, whose death occurred after the entry into force of the Act, as a result of such an accident,
(2) a pensioner collecting an annuity in the event of an accident in specific circumstances or in respect of a occupational disease in relation to the special circumstances of death after the entry into force of the law, as a result of such an accident or illness professional,
the survivor's pension under the conditions laid down in Article 17 and one-off compensation under the conditions laid down in the Article. 13 and 14.
2. In the adjudication of the death of the rencise with an accident or a occupational disease provision of art. 16 shall apply mutatis mutandis.
Article 53. (bypassed).
Article 54. (bypassed).
Article 55. (bypassed).
Article 56. (bypassed).
Article 57. [ Referral to the provisions] Whenever the provisions refer to the provisions on benefits for accidents at work and occupational diseases, this should be understood by the provisions of this Law.
Article 58. [ Application of provisions of the Act] The provisions of the Act on Cash Benefits in the case of sickness and maternity and the Act on Pensions and Rents of FUS are applicable to the non-regulated Act.
Article 59. [ Implementing regulations so far] Pending the release of the implementing rules provided for in the Act, the implementing rules issued on the basis of the Act referred to in art shall remain in force. 61 point 2, if they do not conflict with the provisions of this Act.
Article 60. [ Transitional provisions] Provisions:
1. 34 par. 3 shall apply from the contributions due for the period from 1 April 2006;
2. Article 36 shall apply to checks carried out at the payer's contributions not earlier than the date of entry into force of the Act.
Article 61. [ Repealed provisions] They are hereby repealed:
1) the Act of 27 September 1973. o Supply pension to creators and their families (Dz. U. 1983 r. Nr 31, pos. 145, of 1986. Nr 42, pos. 202, 1989. Nr 35, pos. 190, of 1990 No. 36, pos. 206, of 1991 Nr 104, pos. 450, 1995 No 4, pos. 17, of 1996. No. 100, pos. 461, of 1997. Nr 28, pos. 153 and 1998 No. 137, item. 887 and No 162, pos. 1118);
2) the Act of 12 June 1975. on the benefits of accidents at work and occupational diseases (Dz. U. 1983 r. Nr 30, pos. 144, 1989 Nr 35, pos. 192, of 1990 No. 36, pos. 206, of 1991 Nr 94, pos. 422, 1995 No 4, pos. 17, of 1996. No 24, pos. 110 and No. 100, pos. 461, 1998 No. 106, pos. 668 i Nr 162, pos. 1118 and 2002 Nr 78, pos. 713);
3) the Act of 19 December 1975. about the social insurance of persons performing work on the basis of a agency contract or contract of contract (Dz. U. of 1995 Nr 65, poz. 333 and No. 128, pos. 617, of 1996. No. 100, pos. 461, of 1997. Nr 28, pos. 153, 1998 No. 137, item. 887 and No 162, pos. 1118 and 1999 Nr 60, poz. 636);
4) Decree of 4 March 1976. about the social insurance of members of agricultural production cooperatives and cooperatives of agricultural machinery rings and their families (Dz. U. 1983 r. Nr 27, pos. 135, of 1989. Nr 35, pos. 190, of 1990 No. 36, pos. 206, of 1991 Nr 104, pos. 450, 1995 No 4, pos. 17, of 1996. No. 100, pos. 461, of 1997. Nr 28, pos. 153, 1998 Nr 162, pos. 1118 and 1999 Nr 60, poz. 636);
5) Act of 18 December 1976. about social insurance of persons carrying out economic activities and their families (Dz. U. 1989 r. Nr 46, pos. 250, of 1990 No. 36, pos. 206, of 1991 Nr 104, pos. 450 i Nr 110, poz. 474, 1995 No 4, pos. 17, of 1996. No. 100, pos. 461 i Nr 124, pos. 585, of 1997 Nr 28, pos. 153, 1998 No. 106, pos. 668, Nr 137, poz. 887 and No 162, pos. 1118 and 1999 Nr 60, poz. 636);
6) the Act of 17 May 1989. o Social Insurance of Clergy (Dz. U. Nr 29, pos. 156, of 1990. No. 36, pos. 206, of 1991 Nr 104, pos. 450, 1995 No 4, pos. 17, of 1996. No. 100, pos. 461, of 1997. Nr 28, pos. 153, 1998 No. 137, item. 887 and No 162, pos. 1118 and 1999 Nr 60, poz. 636).
Article 62. [ Entry into force] The Act shall enter into force on 1 January 2003, with the exception of:
1. 45 point 3, art. 50 par. 3 and art. 56, which shall enter into force on the day of the announcement;
2. Article 40, which enters into force on 1 October 2003.
[ 1] Amounts of one-off indemnities for accidents at work or occupational disease for the period from 1 April 2014. by 31 March 2015 were announced in the Notice of the Minister of Labour and Social Policy of 26 February 2014. on the amount of one-off amounts of compensation for accidents at work or occupational disease (M.P. pos. 187).
Amounts of one-off indemnities for accidents at work or occupational disease for the period from 1 April 2015. until 31 March 2016 were announced in the Notice of the Minister of Labour and Social Policy of 26 February 2015. on the amount of one-off amounts of compensation for accidents at work or occupational disease (M.P. pos. 251).
[ 2] Amounts of one-off indemnities for accidents at work or occupational disease for the period from 1 April 2014. by 31 March 2015 were announced in the Notice of the Minister of Labour and Social Policy of 26 February 2014. on the amount of one-off amounts of compensation for accidents at work or occupational disease (M.P. pos. 187).
Amounts of one-off indemnities for accidents at work or occupational disease for the period from 1 April 2015. until 31 March 2016 were announced in the Notice of the Minister of Labour and Social Policy of 26 February 2015. on the amount of one-off amounts of compensation for accidents at work or occupational disease (M.P. pos. 251).
[ 3] Article 37 (1) 1 in the wording set by Article 1. 8 of the Act of 11 May 2012. to amend the Act on Pensions and Rents from the Social Insurance Fund and some other laws (Journal of Laws item. 637). The amendment came into force on 1 January 2013.
[ 4] Article 37 (1) 2 in the version set by the Article. 8 of the Act of 11 May 2012. to amend the Act on Pensions and Rents from the Social Insurance Fund and some other laws (Journal of Laws item. 637). The amendment came into force on 1 January 2013.
