Key Benefits:
REGULATION
MINISTER OF LABOUR AND SOCIAL POLICY 1)
of 19 December 2002
on the mode of recognition of an event arising during the period of accident insurance for the accident at work, the legal qualification of the event, the model of the accident card and the time limit for drawing up
On the basis of art. 5 par. 4 of the Act of 30 October 2002. o social insurance in the field of accidents at work and occupational diseases (Dz. U. 2009 r. Nr 167, pos. 1322, with late. (d) the following shall be managed:
§ 1. The Regulation shall apply to the events listed in Article 4. 3 para. 3 of the Act of 30 October 2002. on social insurance in respect of accidents at work and occupational diseases, hereinafter referred to as 'the Act', which occurred during the period of accident insurance for persons who are not employees.
§ 2. 1. The persons referred to in § 1, hereinafter referred to as "injured persons" shall notify the relevant entities listed in Article 1. 5 par. 1 of the Act.
2. Affected in relation to which, according to the law, the determination of the circumstances and causes of the accident at work is carried out by the Social Insurance Institution, hereinafter referred to as "the plant", shall be notified of the accident at the premises of the establishment unit of the Company, which is competent in the the location of the business or the place of care specified in the activation contract.
§ 3. 1. The event referred to in § 1 shall be considered an accident at work on the basis of the determination of its circumstances and causes, in particular by:
1) securing the place of the accident in such a way as to restore its circumstances;
2) make a visual inspection of the place of the accident, the technical condition of the machinery and other technical devices, the condition of protective devices, and examination of the conditions of the performance of the work and other circumstances that may have affected the emergence of the accident;
3. hearing an explanation of the victim, if the state of his health permits it;
4) to gather information concerning the accident from the witnesses of the accident;
5) to gather other evidence relating to the accident, deemed necessary.
2. The legal qualifications of the event shall be carried out by the entities referred to in § 2 paragraph. 1, according to art. 3 para. 3-6 of the Act.
3. The claim that the event is not an accident at work requires justification and indication of the evidence giving rise to such a statement.
§ 4. 1. After establishing the circumstances and causes of the accident-no later than within 14 days from the date of obtaining the notification of the accident-the entities referred to in § 2 paragraph. 1, draw up an accident card, the model of which is set out in the Annex to the Regulation.
2. Affected or entitled to a one-off indemnity, a member of his family may submit comments and reservations to the findings of the accident card, as shall be advised by the party drawing up the accident card.
3. The card of an accident shall be accompanied by a record of the victim's explanations and information obtained from the witnesses of the accident, as well as other documents collected at the time of determining the circumstances and causes of the accident, in particular documents drawn up with the visual inspection of the place the accident, other evidence of the accident deemed necessary to establish the circumstances and causes of the accident, and the comments and objections to the findings of the accident card reported by the injured or entitled family member.
4. The carcase of an accident shall be drawn up in 3 copies: the first copy shall be given to the injured or entitled family member, the second copy shall remain with the entity setting the circumstances and the cause of the accident, the third copy shall be transmitted to An establishment if the event was considered an accident at work.
§ 5. As soon as it has received notification of the accident, the entities required to establish the circumstances and causes of the accident referred to in Article 4. 5 par. 1 points 1-7 and points 10-15 of the Act, shall notify in writing the appropriate field organisational unit of the Institution of the opening of proceedings concerning the determination of the circumstances and causes of the accident at work. A representative of the Department may participate in this proceeding.
§ 6. This Regulation shall enter into force on 1 January 2003.
|
|
1) The Minister of Labour and Social Policy directs the government administration-social security, pursuant to § 1 paragraph. 2 point 2 of the Regulation of the Prime Minister of 18 November 2011 on the detailed scope of the action of the Minister of Labour and Social Policy (Dz. U. Nr. 248, pos. 1485).
Annex 1. [ MODEL-ACCIDENT CARD]
Annex to the Regulation of the Minister of Labour and Social Policy
of 19 December 2002
MODEL- ACCIDENT TAB
