The Act Of 30 October 2002 On The Supply In The Event Of Accidents Or Occupational Diseases Arising In Special Circumstances

Original Language Title: USTAWA z dnia 30 października 2002 r. o zaopatrzeniu z tytułu wypadków lub chorób zawodowych powstałych w szczególnych okolicznościach

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
Article. 1. [scope] Act specifies: 1) types of accidents resulting from special circumstances justifying the granting of benefits;

2) types of benefits in respect of accidents and occupational diseases arising from special circumstances;

3) the rules for the award of benefits, of establishing their amount and the principle of payment of benefits;

4) rules on the financing of benefits.

Article. 2. [an accident in special circumstances] 1. For the accident to justify the granting of benefits is considered a sudden event caused by an external cause, causing injury or death that occurred: 1) when saving the others from imminent danger to their lives;

2) in protecting public property before threatening her injury;

3) in granting the representative of State authority or local government authority help with complying with official activities;

3A) in carrying out the work related to the inventories of common;

4) in the prosecution or shot people suspected of having committed an offence or to protect other persons from the assault;

5) when carrying out the functions of the Council or the Member of the Commission of the Council of all local government units or in the performance by the village originator of this position;

6) in the exercise of functions of jury in court;

7) at the time of the didactic classes, educational or care carried out by agencies of the education system, school classes or classes on doctoral studies or during the continuance of the practice provided for the organisation of studies or education;

8) at work in the Voluntary Hufcach Work on a different basis than the employment contract;

9) by the work carried out within the framework of occupational therapy in the organizational units of social assistance and medicinal entities non-entrepreneurs, referred to in the provisions of the medical activity;

10) when carrying out direct protection against natural disasters;

11) when performing the function of the Member of the Commission appointed by the State authority or local government authority for the conduct of the election or referendum;

12) when performing the volunteer referred to in art. 2 section 3 of the Act of 24 April 2003 on the activities of public benefit and voluntary service (Journal of laws of 2010 # 234, poz. 1536, as amended);

13) in the course of participation in the Centre of social integration;

14) the implementation by the unemployed person socially useful work, referred to in article 1. 73A of the Act of 20 April 2004 on employment promotion and labour market institutions (Journal of laws of 2013.674 and 675);

15) by making the practice of absolwenckiej within the meaning of the Act of 17 July 2009 of absolwenckich (OJ No 127, p. 1052).

2. An occupational disease entitling to benefits provided for by law shall be considered disease referred to in article 1. 2351 of the labour code, resulting in carrying out activities or work referred to in paragraph 1. 1 paragraph 7 and 8.

Article. 3. the [benefits in respect of accidents under special circumstances] 1. People who have become unable to work due to an accident in the special circumstances referred to in article 1. 2. 1,: 1) the survivor's pension for incapacity for work;

2) one-off compensation;

3) provide health care referred to in the rules about the health care benefits financed from public funds, to the extent necessary for the treatment of consequences of the accident or occupational disease, provided that they are not covered by health insurance.

2. A person who has suffered an accident victim funeral costs or an occupational disease or a person receiving a pension under the Act, shall have the funeral.

3. benefits referred to in paragraph 1. 1 have also to a person who has become unable to work due to an occupational disease established in connection with the performance or work activities referred to in article 1. 2. 1 paragraph 7 and 8.

4. the members of the families of those who died due to accidents, referred to in article 1. 2. 1, and the family members of people who died as a result of an occupational disease, are entitled to a survivor's pension and one-off compensation.

5. the members of the family are spouse, children of their own, children of the other spouse, adopted children, adopted on the upbringing and maintenance before reaching age grandchildren, siblings and other children, including within the framework of the foster family, parents, people and preventative procedures, stepfather and stepmother, if they meet the conditions for obtaining a survivor's pension in accordance with the provisions of the Act of 17 December 1998 on pensions and pensions from the social insurance fund (OJ of 2009 # 153 , item. 1227, as amended. d.), hereinafter referred to as the "law on pensions and pensions from the FUS".

6. The right to a one-time compensation to family members satisfying the conditions for obtaining a survivor's pension on the death of the person who was injured or became ill with an occupational disease.

Article. 4. [the pension for incapacity for work and the one-off compensation] 1. A person who has become unable to work wholly or partly as a result of an accident in the special circumstances referred to in article 1. 2. 1, is entitled to the survivor's pension for incapacity for work: permanently if the inability to work is permanent, or for the period indicated in the decision of the authority scheme if the inability to work is the interim.

2. A person who has suffered a permanent or long-term health damage caused by an accident in the special circumstances referred to in article 1. 2. 1, is entitled to a one-time compensation for the prejudice, if that person as a result of the accident became completely incapable of working.

3. The survivor's pension and one-off compensation, under the conditions referred to in paragraph 1. 1 and 2, is also the person who contracted an occupational disease in connection with the performance or work activities referred to in article 1. 2. 1 paragraph 7 and 8.

4. In matters not regulated by this Act for one-time compensation of a person who has been injured in particular circumstances or contracted an occupational disease, or the family members of the other after the person who died as a result of an accident or occupational disease, shall apply the provisions of the Act of 30 October 2002 on social insurance in respect of accidents at work and occupational diseases (Journal of laws of 2009 # 167 , item. 1322, as amended. d.).

Article. 5. [funeral] 1. The funeral is entitled to the person who suffered the funeral: 1) of the person who died as a result of an accident or an occupational disease;

2) person receiving a pension under the Act or a member of her family.

2. From the members of the family referred to in paragraph 1. 1 paragraph 2 shall not be required to comply with the conditions for obtaining a survivor's pension.

3. in the event of overlapping rights to funeral under the Act to a funeral or to the benefit of the funeral on the basis of separate provisions – the funeral or cash benefit under the provisions of separate.

4. In matters not regulated by this Act to the funeral shall apply the law on pensions and pensions with FUS.

Article. 6. [Exclusion of the right to benefits] 1. The provision referred to in article 1. 3 paragraphs 1 and 2. 1 paragraphs 1 and 2, are not entitled to the injured person as a result of the accident, which occurred from willful misconduct or gross negligence of the person.

2. benefits referred to in article 1. 3 paragraphs 1 and 2. 1 paragraphs 1 and 2, are not entitled to the injured person as well, that while drunk or under the influence of narcotic drugs or psychotropic substances contributed significantly to the cause of the accident, provided that this condition has been documented in the case file by the appropriate authorities of the police or the public prosecutor's Office.

Article. 7. the [pension] Pension for incapacity for work caused by an accident in the special circumstances referred to in article 1. 2. 1, or an occupational disease, referred to in article 1. 2. 2, and the survivor's pension is 120% of the amount of the lowest suitable annuity fixed and enhanced in accordance with the law on pensions and pensions with FUS.

Article. 8. the [Refugee Rights to pensions] 1. In the event of overlapping rights to pensions referred to in this Act shall be paid to one survivor's pension – or the person entitled.

2. in the event of overlapping rights to a pension specified in the Act with a right to retirement or disability pension entitlement on the basis of separate regulations shall be paid a single supply is higher or selected by the person entitled.

3. the provision of paragraph 1. 2 shall apply mutatis mutandis to the beneficiaries the emoluments of idle granted on grounds of age, illness or loss of strength or salary.

Article. 9. [procedure in matters of pensions] in matters of pensions for incapacity for work and pensions not regulated by law shall apply mutatis mutandis the provisions of pensions and pensions with FUS on: 1) proceedings in matters of rent and payment of rent;

2) rule on incapacity for work;

3) inception and termination of the right to rent;

4) changes in the law to rent;

5) execution, deductions from benefits and reimbursement of unduly collected rent;

6) suspending or reducing pensions;

7) (repealed);

8) Division of the survivor's pension and the restoration of the right to a survivor's pension, if the right to this pension is subject to a finding of incapacity for work.


Article. 10. [Rule about the relationship of the incapacity of the accident] the inability to work and its relationship to the accident in the special circumstances referred to in article 1. 2. 1, or an occupational disease, referred to in article 1. 2. 2, link the death with such an accident or sickness shall be doctor predicate social insurance or social insurance medical Commission. Doctor or medical Commission Aero-social insurance also sets out permanent or long-lasting damage to health and its relationship with such an accident or an occupational disease as specified in the rules about pensions and pensions with FUS.

Article. 11. [Request for benefits] 1. Applicants for benefits in respect of accidents in the special circumstances referred to in article 1. 2. 1, shall attach to the application dossier and the person seeking benefit for occupational disease-decision finding an occupational disease.

2. In matters of reporting and identification of occupational diseases in relation to persons who have contracted an occupational disease has, in connection with the performance or work activities referred to in article 1. 2. 1 paragraph 7 and 8, shall apply the provisions of the labour code and rules pursuant to article 114. 237 § 1 paragraphs 3-6 of the labour code.

3. The social insurance shall evaluate the circumstances and cause of the accident, in specific circumstances, and shall issue a decision on the benefits provided for in the Act.

4. the provision of paragraph 1. 3 shall apply mutatis mutandis to an application for benefits in respect of an occupational disease.

Article. 12. [the financing of benefits] 1. The provision set out in the Act are financed from the State budget.

2. benefits referred to in article 1. 3 paragraphs 1 and 2. 1 paragraphs 1 and 2, paragraph 1. 4 and art. 5 and shall pay social insurance at the request of the person entitled to such benefits.

3. the application on behalf of the entitled party may submit its delegate.

4. The decision of the social insurance is subject to an appeal to the competent court within the time limit and according to the rules set out in the provisions of the code of civil procedure.

5. benefits referred to in article 1. 3 paragraphs 1 and 2. 1, paragraph 3, are financed from the resources remaining at the disposal of the Minister responsible for health.

Article. 13. [entry into force] this Act shall enter into force on 1 January 2003.

Related Laws