An accident at work is a sudden event, caused by an external cause, which leads to health damage, disturbances in the functioning of the body, injury or even death. For an event to be classified as accident at work, it must be related to the performance of professional duties, including:

• during the employee’s performance of tasks resulting from his/her job duties,

• while performing activities for the employer, including those undertaken on one’s own initiative,

• while remaining at the employer’s disposal, e.g. while moving between the company’s headquarters and the workplace in accordance with the contract.

If the accident at work resulted from the employer’s negligence or violation of occupational health and safety regulations, the injured employee has the right to apply for compensation. However, it is crucial to properly follow applicable procedures and rules, which will enable effective pursuit of due claims.

Events classified asaccident at work must meet certain criteria specified in labor law regulations. These are events that:

are of a sudden nature – occur unexpectedly and are limited in time,

• are caused by an external cause – result from the action of an external factor, e.g. a machine, chemical substances, fall, impact or organizational error,

• cause injury or death – the event results in health damage (e.g. fracture, burn, organ damage) or death of the employee,

• are work-related, i.e.:

– occurred while performing official duties,

– occurred while performing activities for the employer, even without an explicit order,

– occurred while remaining at the employer’s disposal, e.g. while moving between the company’s headquarters and the place of performance of tasks arising from the contract.

When working on the basis of a mandate contract, you are subject to mandatory social insurance: retirement, disability and accident insurance. Sickness insurance in the case of a mandate contract is voluntary. However, the right to sickness benefit related to an accident at work depends on the contractor being covered by accident insurance, not sickness insurance. In order for an event to be considered an accident at work, it must meet certain conditions resulting from the regulations, such as suddenness, external cause and connection with the performance of obligations arising from the contract.

The key step in the event of such an incident is to report the accident to your employer. If you are alone at the scene and suffer an injury, you should immediately call the appropriate emergency services and inform your employer about the situation. When co-workers or direct superiors are nearby, they are obliged to provide first aid and immediately notify the Occupational Health and Safety Inspector.

The next stage is the work of the post-accident team, whose task is to determine the circumstances and causes of the incident. As part of these activities:

• an inspection of the accident site is carried out, including an analysis of the condition of machines, devices and working conditions that may have contributed to the incident,

• if necessary, photos or sketches are taken documenting the accident site,

• witness reports and all evidence related to the incident are collected.

After collecting all relevant information, the post-accident team prepares a post-accident report. This document should contain a detailed description of the circumstances and causes of the accident and indicate whether the event qualifies as an accident at work or whether there are no grounds for such recognition.

An accident at work is a sudden, unforeseen event related to the performance of professional duties, caused by an external factor, which leads to injury or death of the employee. This event may be considered an accident at work if it occurred during the performance of standard work tasks, on the order of the superior, during actions taken for the employer on their own initiative, as well as when the employee was at the employer’s disposal – e.g. on the way between the company’s headquarters and the place of performance of duties or during a business trip.

Each such incident requires immediate reporting. Although the formalities may seem to be an additional difficulty, properly prepared documentation is necessary to ensure the safety of the injured party and the entire team.

The first step is to document the event in detail – both by the employee and the witnesses. The date, place and detailed description of the incident should be included. These details may prove crucial in preventing similar accidents in the future.

Immediately inform your supervisor about the incident. A quick response is not only an obligation resulting from the regulations, but also an action that can improve the entire process of explaining and assessing the accident.

The accident should be reported without undue delay. Every minute matters, and your action can contribute to improving working conditions and preventing similar threats in the future.

Yes, you can claimcompensationeven if the accident was your fault. In many cases, an employee is entitled to compensation for an accident at work, regardless of whether he or she is responsible for its occurrence. However, it is important to prove that the accident was the result of poor working conditions, negligence on the part of the employer or other factors that are beyond the employee’s control.

However, if the accident was the result of an intentional breach of safety regulations, the use of alcohol or drugs at work, or failure to follow safety procedures, the employee may lose the right to compensation. Documenting the accident, including details about the incident, is crucial in order to pursue an insurance claim or legal action.

After each accident at work, regardless of its seriousness, the employer is obliged to prepare an accident report. It is a detailed document in which the course of the event and the injuries suffered by the employee should be described.

Such a protocol is crucial for formally reporting the accident to appropriate institutions, such as the Labor Office or the Social Insurance Institution. Only after submitting it is it possible to start the compensation procedure, which will provide the injured party with financial support.

Accuracy and care in preparing this document are extremely important, because any error or oversight may delay the process of applying for compensation and affect the timely payment of benefits.

The employer is also obliged to provide first aid to the injured and take actions to eliminate threats and prevent similar accidents in the future.

The employer is obliged to immediately inform the district labor inspector responsible for a given region about any accident at work if it resulted in the death of an employee, serious bodily injury or was of a collective nature, i.e. it involved at least two people.

In the case of a fatal accident, the report must be made when the employee died within six months of the accident. A serious accident is one that results in serious health damage, e.g. loss of senses (sight, hearing), permanent body damage, development of a chronic disease, life-threatening, permanent health problems that prevent further work in a given profession, as well as visible and permanent scars.

In addition, the employer is also obliged to report such an accident to the prosecutor. Failure to comply with the obligation to report an accident to a labor inspector or prosecutor is an offense punishable by a fine.

The employer should report the accident immediately, without undue delay – the law does not specify the exact deadline within which this should be done. Nevertheless, it is worth remembering that any delay in preparing the post-accident report may make it difficult to determine the causes of the accident and result in delays in the payment of benefits due to the injured employee.

Employees who suffered an injury as a result of an accident at work have the right to apply for one-time compensation from ZUS. This benefit is also available to persons employed under a civil law contract, provided that they are covered by accident insurance. Compensation can be obtained both for permanent damage to health and for total inability to work, combined with the lack of ability to function independently. Current benefit amounts are available on the website of the Social Insurance Institution.

• Post-accident report – is a key document required by ZUS, which must be signed by all members of the post-accident commission and approved by the employer.

• Certificate of the applicant’s health condition (OL-9) – a document confirming the completion of treatment of the injured person.

• Medical certificate – contains a detailed description of the injury or damage to health, indicating the type of injury and the expected duration convalescence.

• Application for one-time compensation from ZUS – contains the employee’s personal data, details of the accident and the type of benefits requested. The application form is available on the ZUS website or at a local branch.

• Medical documentation – includes test results, hospital discharge notes and medical recommendations. The more detailed the documentation, the greater the chance that the application will be processed faster.

After submitting all required documents, ZUS begins to analyze the application. If necessary, the authority may refer the applicant to additional medical examinations. The decision to grant one-off compensation from ZUS is made on the basis of the collected materials and the opinion of a certifying doctor. ZUS issues a decision within 14 days of clarifying the last necessary circumstances related to the accident.

If the Social Insurance Institution refuses to pay compensation, the employee has the right to appeal. This can be done in writing or orally (for the record) within 30 days of receiving the decision, by submitting it to the appropriate ZUS office. The appeal goes to the district court – the labor and social security court. You must include a statement of reasons and, if necessary, additional supporting documents for your appeal.

The post-accident report should contain detailed information about the accident at work to enable proper reporting of the event and determination of the causes and circumstances. Here are the key elements that should be included in the post-accident report:

• details of the injured person – name, surname, position, PESEL number, as well as contact details of the injured employee,

• date, time and place of the accident – precise description of when and where the accident occurred (e.g. name of the place, exact address, job position),

• description of the course of the event – a detailed description of the circumstances in which the accident occurred, including the employee’s actions that took place before accident,

• description of injuries – detailed information on the type of injuries or bodily damage suffered by the employee as a result of the accident,

• witnesses of the event – details of people who witnessed the accident and their testimonies,

• circumstances of the accident – analysis of the situation in which the event occurred, e.g. whether it was caused by equipment failure, negligence, lack of appropriate training or other factors,

• opinion of the post-accident commission – conclusions and recommendations of the post-accident commission regarding the causes of the accident and preventive actions,

• actions taken after the accident – description of rescue actions taken, such as providing first aid, calling medical services, possible transport of the injured person to hospital,

• proposals for preventive actions – recommendations for improving working conditions or procedures to prevent similar accidents in the future,

• signatures of members of the post-accident commission – the document should be signed by all members of the post-accident commission and by the employer or his employer representative.

The post-accident report is a key document that allows you to formally report the accident to appropriate institutions, such as ZUS, and constitutes the basis for possible compensation claims.

To document injuries after an accident at work, several steps must be taken to ensure accurate and complete documentation, necessary for both insurance purposes and possible legal proceedings. Here’s what you should do:

• Obtain a medical certificate

– See a doctor: After an accident, you should see a doctor or go to the emergency room immediately, even if your injuries seem minor. The doctor should issue a health certificate or a medical certificate that precisely describes the type of injury, expected treatment time and possible inability to work.

• Collecting medical documentation

– Hospital reports and test results: if the injured person was hospitalized after an accident, it is important to collect all documents, such as a hospital discharge letter, test results (e.g. X-rays, tomography), as well as any doctors’ recommendations regarding further treatment.

– Photographs of injuries: it is worth taking photos of injuries, which may later constitute evidence of the nature of the injuries. Photographs should be taken as soon as possible after the accident and preferably regularly to show progress in treatment.

• Post-accident report

– Preparation of a report: the employer is obliged to prepare a post-accident report, which must include details of the accident itself and the employee’s injuries. This report is an important part of the documentation, especially in the context of applying for compensation.

• Reporting the accident to ZUS

– Application for compensation: to obtain one-off compensation from ZUS, you must submit an application accompanied by full medical documentation, including medical certificates, post-accident reports and other evidence confirming injuries.

• Witnesses to the event

– Testimony of witnesses: if the accident had witnesses, their testimonies may constitute an additional element documenting the circumstances of the accident and confirming the injuries suffered. Witnesses should describe what happened, what injuries were sustained and whether there were any circumstances that could have contributed to the injury.

• Additional evidence

– Video recordings: if the event was recorded on surveillance cameras (e.g. at the workplace), it is worth obtaining these recordings, which may constitute additional evidence in the case.

• Strict adherence to deadlines

– Documentation should be collected without unnecessary delays. The sooner the injured party reports the accident, obtains medical help and collects documentation, the easier it will be to obtain compensation or benefits from ZUS.

Making sure the documents are complete and reliable is crucial to ensuring appropriate medical and financial assistance as a result of an accident at work.

In the event of an accident at work, the injured employee is entitled to various benefits from ZUS, which are intended to compensate for health and financial consequences and to support the rehabilitation process. The most important benefits include: sickness benefit, rehabilitation benefit, one-off compensation, compensatory benefit, training pension, invalidity pension and survivors’ pension for the relatives of a person who died as a result of an accident. Moreover, in addition to the benefits paid by ZUS, the injured party may apply for additional compensation from the employer or its insurer, as well as a post-accident pension for increased needs or a compensatory pension.

If the accident was the result of conscious or gross negligence of the insured person, consisting in violation of regulations aimed at protecting health and life, then the injured persons are not entitled to benefits from accident insurance. This also applies to situations in which the employee, under the influence of alcohol, drugs or other psychoactive substances, significantly contributed to the accident. Moreover, if the person performing the order is not covered by accident insurance because he or she has a different title to insurance (e.g. an employment contract with another employer), he or she will not be entitled to accident insurance benefits in the event of an accident while performing the order.

The amount of one-off compensation paid by ZUS depends on the degree of permanent or long-term health damage, which is assessed by a ZUS certifying doctor. The principle of calculating compensation is based on a rate of 20% of the average salary for each percentage of health damage.

In addition, the employee may apply for compensation under group insurance offered by the employer. Under this insurance, it is possible to obtain benefits for health damage or costs related to surgical operations.

ZUS decides to grant or refuse compensation within 14 days from the moment the ZUS certifying doctor’s decision becomes final or all relevant circumstances related to the accident are clarified. The injured person has the right to appeal against the decision within 30 days of its delivery.

If the ZUS decision grants one-off compensation, the amount due is paid within 30 days of its issuance.

An insured person who becomes incapable of work as a result of an accident at work or an occupational disease is entitled to a pension on this account, regardless of the length of the accident insurance period and the date of incapacity for work. In the event of the death of the insured person, the survivor’s pension is payable to members of his immediate family.

The employer is not always responsible for an accident at work. Liability depends on the cause of the accident and the nature of the event. There are two main models of liability:

• liability based on fault – the employer is liable when it can be proven that he breached his obligations, e.g. he did not comply with occupational health and safety rules and his action or omission led to an accident. In such a situation, the employee must prove that the employer’s negligence was the cause of the damage.

• strict liability – applies to enterprises using the forces of nature (e.g. production plants, railways). In this case, the employer is liable for damages even without fault, unless it proves one of the grounds excluding liability, such as:

– the accident was the sole result of the employee’s fault,

– the event was the result of force majeure,

– a third party for whom the employer is not responsible contributed to it.

To sum up, the employer’s liability is not automatic – it depends on the specificity of the event, the rules of liability and the circumstances of the accident.

Yes, you can claim compensation in the event of an accident at work, even if you have not received appropriate health and safety training. In such a situation, the lack of training may burden the employer, as it is his responsibility to provide the employee with appropriate training in occupational health and safety.

In the event of a fatal accident at work, the employer is obliged to take a number of actions. The first step is to secure the scene of the accident to prevent unauthorized access and to protect items and equipment related to the accident. Then, the prosecutor and the district labor inspector should be notified.

The key stage is the appointment of a post-accident team that will determine the causes and circumstances of the incident. The team, which includes an occupational health and safety officer and a social labor inspector, examines the condition of machines and protective equipment and talks to witnesses. Within 14 days, he prepares a post-accident report, which is forwarded to the injured party’s family and the labor inspection. The family may submit comments to the report, and after taking them into account, the document is approved by the employer.

The final report is the basis for recognizing the event as afatal accident at work and for paying benefits to the injured party’s family.

The family of a deceased employee is entitled to a number of benefits paid by the employer. These include:

• Employee remuneration and benefits

– Remuneration for work: the family receives remuneration due for the period of work, together with all benefits to which the employee was entitled at the time of death. Compensation for unused holiday leave is also paid.

– Sickness allowance: if the employee was on sick leave, the family is entitled to receive sickness allowance, calculated for the period up to and including the date of death.

– No social security contributions are paid on these benefits – only the income tax advance is deducted.

• Death benefit

– The family of the deceased employee is entitled to a death benefit, the amount of which depends on the length of service:

a) 1 month’s remuneration – if employed for less than 10 years,
b) 3 months’ remuneration – if employed for 10 to 15 years,
c) 6 months’ remuneration – if employed for at least 15 years.

– The severance pay is not paid if the employee had life insurance and the benefit insurance is not lower than the amount of the severance pay.

– The death benefit is exempt from income tax and ZUS contributions – the family receives the full gross amount.

• The right to benefits independent of the inheritance

– These benefits are available to family members regardless of whether they were included in the will. They are paid directly to eligible persons who are entitled to a survivor’s pension.

– If the heirs have rejected the inheritance (e.g. due to the deceased’s debts), these benefits are still due.

• Procedures related to the payment of benefits

– Wages and other benefits are paid to family members who are entitled to a survivor’s pension. If minors are eligible, payment is made to their legal guardian.

– The employer is responsible for determining the persons entitled to receive benefits, based on the death certificate and documents confirming relationship. After the end of the tax year, the employee submits a PIT declaration to the family.

• Additional benefits and obligations

– Special leave: if members of the deceased’s family work for the same employer, they can apply for special leave in connection with the death of a loved one.

To sum up, the family of the deceased employee can count on remuneration for the time worked, compensation for unused leave, sickness allowance and death benefit, provided that the appropriate conditions are met. All these benefits are intended to provide financial security for loved ones in difficult times.

Health damage is a permanent or temporary impairment of the body’s fitness or mental health resulting from an accident, occupational disease or other random events. It can be classified as permanent or temporary. The benefit is available to persons who have suffered damage as a result of the actions of third parties, random events or even their own conduct.

Although both concepts refer to a negative impact on health, health damage and health disorder are not the same. Health damage means a permanent or temporary impairment of the body’s efficiency, which results in the loss of specific physical or mental functions. Examples include loss of vision, broken limb or permanent scars. The damage can be measured as a percentage, which allows you to assess its scale and impact on the life of the injured person.

Health disorder, on the other hand, refers to the deterioration of the general health condition, which is usually temporary and reversible. This may include pain, stress, emotional reactions or inflammation. Health impairment does not cause a permanent loss of body functions and is usually not determined as a percentage.

The key difference is that the impairment is permanent or long-term, while health impairment is temporary and transient. This distinction is important both in the legal context and when applying for compensation, because it affects the type and amount of benefits to which you are entitled.

When planning a claim for compensation for health losses, it is worth understanding the difference between compensation for damage to health and compensation for health impairment, as these two terms refer to different forms of damage.

Compensation for health damage refers to permanent or temporary physical damage to the body that is diagnosable and often visible. These include bone fractures, contusions, wounds, burns, frostbite and poisoning. For an event to be classified as health damage, it is necessary to document its impact on body functions.

At the same time, compensation may cover invisible health effects, such as disruption of body functions or mental health. These types of changes, known as health disorders, may include, but are not limited to, mental disorders, infections, disturbances in the digestive system or feelings of social isolation caused by a given event.

Understanding these differences is crucial to precisely formulating a claim and determining the type of benefit for which you can apply.

After suffering a health injury, it is worth taking specific steps to take care of your health and effectively claim the benefits you are entitled to:

• take care of your health and document the injury – you should immediately see a doctor or go to an emergency room, even if the injury seems minor;

• obtain medical documentation that will confirm the diagnosis, describe the type of damage and the recommended treatment. Documentation is key when filing claims later. In the case of road accidents, inform the police and obtain an incident report;

• if possible, obtain the details of the perpetrator and his insurer;

• report the case to the insurer or to a compensation office;

• the insurer or the institution to which you are submitting the application may require an opinion from a certifying doctor. The medical commission will determine the percentage of health damage, which will be the basis for determining the amount of the benefit;

• keep all bills, invoices for medicines, rehabilitation or medical equipment. This will allow you to apply for reimbursement of medical expenses as compensation.

Maintaining accurate documentation is crucial to the successful conclusion of the case. If necessary, you can also get help from people supporting injured people, such as our law firm.

Compensation for damage to health is intended primarily to compensate for losses related to damage to physical or mental health. These damages are determined as a percentage, taking into account their durability and impact on the life of the injured person. In addition to compensation for health loss, both permanent and temporary, this benefit also includes reimbursement of medical costs and other expenses related to the damage.

Compensation for health damage may include, among others:

• purchase of medicines and orthopedic equipment,

• treatment costs,

• loss of income during illness or rehabilitation,

• costs of travel to doctors and medical facilities,

• professional health care at home,

• costs related to professional retraining if the health condition prevents further work in the current profession,

• expenses for adapting the apartment to the needs of a person with a disability.

Before we decide to start compensation proceedings, it is worth finding out who is entitled to compensation for health damage. Knowing this information will help confirm the validity of claims for those entitled to compensation, as well as save time for those who are not entitled to such compensation.

Compensation for health damage is available to:

• people who suffered bodily injuries as a result of an accident,

• families of people who died as a result of the damage caused.

Depending on the type of proceedings, the waiting time for compensation may vary significantly. The shortest proceedings are those that end as a result of an agreement between the injured party and the insurance company. In turn, the longest-lasting fight for compensation involves criminal proceedings against the person responsible for causing the damage.

If the injured party applies for compensation from ZUS, the office is obliged to respond within 14 days. Then, no later than 30 days after this date, the company pays the compensation. If the insurance company decides that the evidence provided is insufficient and requests additional documents, the waiting time may be longer. In such a case, the waiting period may be extended by another two weeks.

The time required to claim compensation is also influenced by the length of time the injured party was unable to report the case after the damage occurred. If the injured party had the opportunity to file a claim within one week of the accident, he or she is entitled to a period not exceeding three years to seek compensation. If your health condition prevented you from reporting the case at that time, this deadline may be extended to 20 years.

Compensation for health damage may be paid by different institutions, depending on what caused the damage. If the accident occurred at work or resulted from an occupational disease, compensation is paid by the Social Insurance Institution (ZUS). ZUS may also pay a benefit if health damage causes permanent inability to work.

If the injured party has appropriate insurance, for example personal accident insurance or third party liability insurance, compensation is paid by the insurance company. This applies to cases such as road accidents, accidents at work or other events covered by the policy.

If the damage was caused by the action of a third party, for example in a road accident, compensation may be paid by the perpetrator or his insurer, which is liable for the damage.

In some cases, if compensation cannot be obtained from other sources, state or local government funds may provide assistance. Ultimately, who pays compensation depends on the circumstances of the accident and the insurance or liability of the perpetrator.

The amount of compensation for health damage depends on many factors, such as the degree of damage, the type of injuries suffered and the circumstances of the accident. Each case is individual, so the amount you can get may vary significantly.

The legal department, analyzing medical documentation and evidence, calculates the possible amount of compensation. Based on the opinions of medical examiners, the percentage of health damage and additional costs such as treatment, rehabilitation or loss of income, the lawyer can estimate the amount of the benefit.

Yes, you can claim compensation from more than one source if you meet the conditions. If you have suffered damage to your health, you have the right to pursue claims from various institutions, such as ZUS or the civil liability insurer (OC) of the person responsible for the accident, provided that these sources pay different types of compensation.

It is worth remembering, however, that you cannot receive double compensation for the same losses. This means that although you can claim compensation from several sources, the total amount you receive should not exceed the total value of the damage suffered. In practice, this means that if you receive compensation from one institution (e.g. ZUS), the other institution (e.g. third party liability insurer) may reduce its benefit, taking into account previously paid amounts.

If you are applying for compensation from different sources, it is worth consulting a lawyer who will help you properly pursue your claims and avoid problems related to double payment of compensation.

The most important element in the process of applying for compensation is medical documentation that confirms the injuries suffered. You must obtain a certificate from a doctor, test results, diagnoses and information about the course of treatment and rehabilitation. The documentation should also include information on the degree of durability of health damage. Any evidence confirming the costs related to the damage suffered is also important.

Here’s what you will need:

• medical documentation – full medical history,

• hospital admission card from the Emergency Department,

• hospital discharge notes,

• post-accident health and safety report or road accident report (e.g. from the police),

• medical opinion and specialist opinions (e.g. from psychotherapists),

• photocopies of sick leaves,

• referral for treatment, rehabilitation or psychotherapy,

• certificates and invoices from therapy, e.g. from a psychotherapist,

• invoices for medical services from private doctors,

• court judgment regarding liability for an accident, if any,

• documentation of the course of treatment and rehabilitation, containing detailed descriptions ailments and medical recommendations.

To increase your chances of obtaining higher compensation for health damage, it is worth paying attention to several key aspects that may affect the amount of the benefit:

• accurate and complete medical documentation: the more complete and accurate the medical documentation, the greater the chances of obtaining a higher amount of compensation. The documents should include a detailed description of the injuries, their effects, test results, doctors’ recommendations and the course of treatment and rehabilitation;

• expert medical opinion: obtaining an opinion from an expert doctor who will assess the degree of health damage may help negotiate higher compensation. The expert assesses the extent to which the injuries affect the injured person’s daily life, ability to work and general health;

• evidence of the long-term nature of the injuries: if the damage to health is permanent or has long-term consequences (e.g. chronic pain, loss of ability to perform a job), it is worth documenting it. The long-term nature of injuries often affects the amount of compensation as it means greater treatment and rehabilitation costs and a greater impact on the injured person’s life;

• evidence of loss of income: if you are unable to work or have to change careers as a result of your injury, it is important to document the loss of income. It is worth providing information about the amount of salary before the accident, periods of incapacity for work and the impact on future earning potential;

• ability to prove the perpetrator’s responsibility: the stronger the evidence of the perpetrator’s responsibility for the accident, the greater the chances of obtaining higher compensation. If it can be demonstrated that the perpetrator is fully responsible for the event, the amount of compensation may be higher.

Collecting appropriate evidence and carefully preparing documentation increases the chances of obtaining higher compensation, so it is worth using legal assistance and taking care of every detail in the claims process.

The valuation of health damage by a certifying doctor involves assessing the extent to which the injuries affected the injured person’s health and his or her ability to perform daily activities and professional work. This process is thorough and detailed because it is on this basis that the amount of compensation is determined. Here’s what the valuation procedure looks like:

Medical examination: a medical examiner conducts a detailed examination of the injured party. During the visit, he assesses the health condition, physical fitness and mental consequences of the injuries. The examination may include the assessment of both visible injuries and those that have long-term or hidden effects (e.g. organ dysfunction, mental illness);

Assessment of the degree of health damage: the medical examiner determines the percentage of health damage based on available medical standards. The so-called health damage tables, which contain detailed information on the percentage of damage for various types of injuries (e.g. fractures, burns, amputations, organ damage). The percentage of damage corresponds largely to how much impact the injury had on health and how long the treatment and rehabilitation process takes;

Taking into account long-term effects: the doctor takes into account whether the injuries are permanent (e.g. irreversible damage to an organ) or temporary (e.g. temporary loss of ability to work). In the case of permanent health damage, the health damage may be valued at a higher percentage, which will affect the amount of compensation;

Work capacity: the doctor assesses the extent to which the health damage has affected the ability to perform the profession and daily activities. If the injured person is unable to return to work or requires retraining, this may affect the valuation because it involves loss of income;

Expert medical opinion: in the case of more complicated cases or controversy as to the degree of damage, an additional examination by an expert medical specialist may be ordered. His opinion may help to more precisely determine the damage to health and the impact on the injured person’s life;

Use of medical records: the certifying doctor analyzes the full medical documentation, including test results, treatment history and opinions of other specialists. Information regarding rehabilitation and treatment as well as any certificates confirming the health condition are also important.

Determining compensation: based on the entire analysis, the certifying doctor presents a report in which he determines the degree of health damage in percentage. This report constitutes the basis for determining the amount of compensation by the insurer, ZUS or the court.

An assessment of health damage by a medical examiner is necessary in many cases, especially when it comes to determining the degree of health damage in order to determine the amount of compensation. The decision to carry it out depends on the specific situation and requirements of the institution to which the claim is submitted.

In order to successfully apply for compensation for health damage, it is important to know what information should be included in the accident-related documentation and in the medical documentation.

It is important to take care of these elements already at the stage of the incident, for example when the police prepare a note on the accident or during each doctor’s visit. It is crucial that the documentation is complete and reliable. To this end, it is worth taking the following steps:

• go immediately to the emergency room or, if necessary, use an ambulance to the hospital, and agree to undergo tests, treatment and possible stay in the hospital,

• make sure that a police note is prepared at the scene of the accident, which contains all relevant information and witness statements,

• during medical visits, do not limit yourself only to a brief description of the symptoms, but provide full information about your health condition, making sure that the doctor carefully documents all details of the treatment course,

• follow the doctors’ recommendations and regularly undergo the indicated treatments and therapies.

Yes, the law firm conducts a free analysis of your case. Thanks to this, you can find out what your chances are of obtaining compensation and how to best prepare for the claims process. As part of this analysis, the law firm will assess your situation and advise on what steps are worth taking to maximize the chances of a positive outcome. To contact us, please complete the application form, which will allow us to review your case faster and provide appropriate assistance.

For many people, this process can be complicated, especially when it comes to collecting the appropriate documents, properly presenting claims and completing all formalities. Therefore, it is worth using the help of specialists who have experience in preparing applications and representing injured parties in compensation cases. The law firm provides support at every stage – from analyzing the case to preparing a complete application, which significantly increases the chances of obtaining appropriate compensation.

You will not always have to take part in court proceedings if you are seeking compensation for personal injury. In many cases, the matter can be resolved amicably, for example by negotiating with the insurer or reaching a settlement, thereby avoiding a lawsuit.

However, if the insurer does not agree to a satisfactory compensation offer, or if the matter is more complex, it may be necessary to go to court. In such a case, the law firm will assist you in representing you in court, and your presence will usually only be required to testify or provide evidence if necessary.

The final decision on whether the case will go to court depends on the course of negotiations and the situation in your case. However, it is worth knowing that court proceedings in compensation cases are not uncommon, but are also quite commonly resolved at earlier stages.

The law firm operates on a commission basis, which means that the costs of running the case, including court costs, are covered by the law firm. Only after the insurer pays the compensation, the law firm collects a previously agreed percentage of the amount obtained. The law firm collects a commission from this amount from each payment to the injured party. Thanks to this, you do not have to worry about fees related to court proceedings or covering costs before the case is concluded.

Unlike a regular out-of-court settlement with an insurer, seeking compensation in court gives you much greater opportunities to properly justify the amount of the claim and the possibility of appealing against the decision. This is important because compensation, compensation or pensions obtained through settlement are often much lower than what the injured party should actually receive. The insurer’s assurances that the proposed amount is the final and maximum amount it can pay are often untrue. In turn, the compensation awarded by the court is usually much higher than the initial offer of the insurer.

The injured party may apply for a benefit in the form of a life or temporary pension if, as a result of the health damage suffered:

• he/she has lost total or partial earning capacity,

• his/her financial capacity has decreased, and he/she incurs fixed expenses, such as the costs of medicines, doctor visits, medical care or a specialized diet,

• has lost his/her professional or life prospects, for example as a result of loss of physical fitness or deterioration of his appearance, which had a significant impact on his professional career.

If you believe that the compensation awarded for health damage is too low, you have the right to appeal against the insurer’s decision. Before taking action, it is worth reading the General Insurance Terms and Conditions to make sure that your appeal is justified. Many people do not realize that the amounts offered by insurers as part of the settlement are often underestimated and do not reflect the actual value of the damage. In such a case, it is worth considering appealing to court, because practice shows that people who make such a decision usually receive compensation amounts several times higher than those initially proposed by the insurer. This applies especially to more serious health damage, such as disability, where the difference in the amount of compensation can be drastic.

In the case of more difficult cases, it is worth using the help of a law firm that has experience in compensation cases. Professionals will help you properly prepare your appeal and pursue your claims effectively, increasing your chances of obtaining fair compensation. By contacting our law firm, you can count on a free consultation and professional support in fighting the insurer for the appropriate amount of compensation.

As already mentioned above, compensation for health damage, in addition to the perpetrator’s liability insurance policy, may be received by, among others, people who have the so-called NWW insurance, i.e. accident insurance. This is a type of insurance that provides protection in the event of bodily injury or death caused by an accident. This insurance covers both accidents at work and those that occur in private life, while traveling or practicing sports.

Under accident insurance, the injured party may receive compensation for bodily injuries such as fractures, contusions, burns, as well as for permanent damage to health or death as a result of an accident. The amount of the benefit paid depends on the degree of health damage (expressed as a percentage) and the conditions specified in the insurance contract.

Not every accident leads to compensation for health damage. There are situations in which the insurer has the right to refuse to pay benefits. Each insurance policy contains the General Terms and Conditions of Insurance (GTC), which also specify the exclusions of the insurer’s liability. These are cases in which compensation will not be granted.

The most common reasons for refusal include: failure to pay premiums on time, concealing important information about health condition when concluding the contract, failure to comply with medical recommendations, participation in criminal activities or acts of vandalism, causing an accident under the influence of alcohol or drugs, as well as a suicide attempt.

Our law firm provides full support in the process of claiming compensation for health damage. Our goal is to simplify the formalities for the client as much as possible and relieve him of difficult and stressful contacts with the insurer or the justice system. As part of our assistance in obtaining compensation for personal injury, we carry out a number of activities, which include, among others:

• gathering evidence,

• calculation of the maximum amount of compensation,

• proving fault,

• contact with the insurance company,

• negotiations to resolve the case favorably,

• preventing delays in compensation payment,

• maintaining control over the timely execution of subsequent obligations,

• preparation and submission of a claim for compensation,

• representing the client in court,

• expert support at every stage of the case, based on solid knowledge and many years of experience in obtaining compensation.

A medical error is an unintentional action (or lack thereof) on the part of a person providing health services that leads to harm to the patient. It may result from negligence, ignorance, diagnostic error, treatment errors or improper organization of health care.

Diagnostic error – e.g. incorrect diagnosis, delay in diagnosis or no diagnosis at all.

Therapeutic error – e.g. administration of the wrong drug, incorrect surgical procedure or inappropriate treatment.

Organizational error – e.g. lack of coordination within the medical team, improper record keeping or incorrect communication between staff.

Technical error – e.g. incorrect use of medical equipment or diagnostic devices.

Recognizing a medical error can be difficult, but there are several signs that may indicate that something has gone wrong in the diagnosis, treatment or medical care process. Here’s what you should pay attention to:

• Non-compliance with generally accepted standards

– Failure to carry out standard diagnostic tests that are recommended in similar cases.

• No improvement or deterioration of health

– If there is no improvement after treatment, but on the contrary – the patient’s health condition deteriorates, it is worth considering whether the therapy was appropriate.
– Sudden and unexpected complications or side effects that were not previously reported discussed with the patient.

• Unexpected diagnostic or therapeutic results

– Test results may be contradictory or incomprehensible, and the doctor is unable to explain the reasons.

• Lack of or inappropriate communication

– Medical staff do not provide clear information about the diagnosis, treatment plan, or risks.
– Failure to inform the patient about available treatment options or possible complications.

• Errors in documentation medical

– Lack of correspondence between the documentation and the actual health condition or treatment history of the patient.
– Incorrect entries regarding medications, doses or procedures performed.

• Symptoms indicating procedural errors

– Occurrence of a postoperative infection that could have been prevented by maintaining hygiene standards.
– Unusual symptoms after the procedure, such as pain in the wrong place or symptoms indicating that an instrument was left in the patient’s body.
– Administration of the wrong drug, that caused an allergic reaction, despite previous information about allergies.

• Failure to respond to emergencies

– Delay in taking life-saving measures or failure to respond to a sudden deterioration of the patient’s condition.

Medical error does not only concern the work of a doctor. It can also be committed by a pharmacist, nurse or paramedic. It is often not the result of the negligence of a specific person, but the result of incorrect organization of work of the entire medical facility.

However, in order to be able to talk about the right to compensation, three basic conditions must exist: fault, damage and the causal relationship between them.

On the other hand, if the doctor carried out all the required tests and acted in accordance with applicable standards – that is, he acted as another specialist would do in similar circumstances – an incorrect diagnosis in itself does not qualify as a medical error. In such a situation, although the patient suffers damage, the doctor’s lack of fault excludes the possibility of seeking compensation.

Similarly, there is both fault and damage, but there is no causal relationship between them. In such cases, a claim for damages will also not be accepted.

To prove medical malpractice, several key steps must be taken:

• Collection of medical records – The patient (or a person authorized by him) has the right to obtain complete medical records from a hospital or other healthcare provider.

• Analysis of the records by a medical lawyer – The medical records should be thoroughly analyzed by a lawyer specializing in medical matters. Sometimes it may happen that the documentation will be incomplete or inaccurate.

• Witness testimony – In medical malpractice cases, the testimony of witnesses plays an important role, including not only doctors and medical staff, but also other patients and their relatives who had knowledge about the error.

• Expert opinion – During court proceedings, an expert is usually appointed, whose opinion is crucial to resolving the case. A medical lawyer should ask the expert specific and substantive questions, avoiding general ones that may lead to evasive answers.

These actions are necessary to demonstrate fault, damages and causation in a medical malpractice case.

To report a medical error, the patient must first collect appropriate evidence, such as medical records and witness statements, including bills for treatment or rehabilitation, which will help prove the damage suffered. It is important to prove that the medical staff did not perform their duties with due diligence.

A report of a medical error can be submitted to the Provincial Commission for the Assessment of Medical Events, which has four months to consider the case and issue a decision. You can also contact the Patient Ombudsman who will help you with further proceedings. If a crime is suspected, a medical error can be reported to the police or directly to the prosecutor’s office.

If the steps taken do not bring the expected effect, the patient has the right to report the case to court.

Compensation for medical error is intended to cover the costs that the patient and his or her relatives incurred as a result of the error. If the patient’s health condition deteriorates, the following expenses should be taken into account:

• costs of treatment and rehabilitation,
• costs of commuting to medical facilities,
• lost income resulting from inability to work as a result of a medical error.

In the event of the patient’s death, the amount of compensation depends on:

• deterioration of the financial situation of the deceased person’s relatives,
• costs related to funeral and burial.

Additionally, patients or their families may apply for apply for a compensation pension, which may be periodic or permanent, regardless of the benefits paid by ZUS.

In order to file a claim for medical malpractice, you must collect appropriate documentation that will constitute the basis for claiming compensation. Here are the documents that may be necessary:

• Medical records – A complete set of medical records, including medical history, test results, hospital discharge papers, doctors’ orders, surgical protocols, and other records relating to the patient’s treatment.

• Witness statements – Testimony from people who had knowledge of the medical error, including the patient’s family members, other patients, or medical staff.

• Medical bills – Invoices and evidence of payment for treatment, rehabilitation, medications and visits to specialists that took place in connection with a medical error.

• Certificates of loss of income – Documents confirming the loss of income due to inability to work caused by a medical error, such as certificates from the employer, salary slips or other financial confirmations.

• Expert opinion – If the case requires, an opinion of an independent specialist or court expert who will assess whether a medical error actually occurred.

• Documents confirming the deterioration of the situation material (in the event of the patient’s death) – If the patient died as a result of a medical error, the family may present evidence of the deterioration of the financial situation, e.g. earnings certificates, other documents regarding the loss of financial support.

• Documents related to the funeral (in the case of the patient’s death) – Invoices for funeral services, burial costs.

Collecting these documents allows for reliable documentation of the claim and increases the chances of a positive consideration of the medical error case.

In the Polish legal system, liability for a medical error may rest with:

• a doctor or other employee practicing a medical profession,
• a medical entity, such as a hospital,
• the insurer of the doctor or medical facility.

Compensation for medical error may be claimed from each of these entities separately or from all of them simultaneously.

Yes, the hospital is obliged to make medical records available to the patient or his authorized representatives, also in the event of a medical error. According to Polish law, the patient has the right to inspect his or her medical records, which is regulated by the Act on Patient Rights and the Patient Ombudsman of 2009.

Medical documentation should be made available at the request of the patient, his legal representative or attorney. If the patient has died or is unconscious, his or her relatives have the right to access. The hospital is obliged to provide the documentation free of charge for the first copy, otherwise it may request reimbursement for additional copies.

Access to medical records is crucial in the process of proving a medical error, therefore the hospital cannot refuse to provide it, and the patient should submit an appropriate application for access to it.

It is possible to file a medical error claim even if the incident occurred several years ago, but you should remember about the statute of limitations for claims. Under Polish law, civil claims related to medical error (e.g. for compensation or compensation) are subject to a statute of limitations, which means that they cannot be effectively pursued after a certain period of time.

Generally, a claim for medical error expires after 3 years from the moment the injured party learned about the damage and the person responsible for causing it. However, if the medical error resulted in serious consequences that become apparent only after some time, this deadline may be extended.

The absence of bodily injury or disturbance to the patient’s health does not release the hospital or other healthcare entity from liability. Violation of patient rights, even if it does not involve physical consequences, may lead to liability.

The most common violations of patient rights occur in situations where:

• the patient was not properly informed about the possible consequences of the medical procedure,

• the patient did not give informed consent to the provision of health services,

• the patient’s privacy and dignity were not respected,

• the patient’s right to access his records was violated medical services,

• health services were provided without due diligence, even if it had no impact on the patient’s health.

The injured party may file for compensation for medical malpractice. Consent to a medical procedure means that the patient accepts the risk associated with possible complications resulting from a properly performed procedure. However, this consent does not include acceptance of the consequences of medical errors resulting from incorrect actions of medical staff.

Compensation for medical errors is due when damage to the patient’s health results from improper conduct of doctors or other medical workers. This includes situations in which the standards of medical care have not been maintained.

To sum up, the patient’s consent to a medical procedure does not exclude the possibility of seeking compensation in the event of a medical error, because the responsibility for such events rests with the medical facility and the staff who did not fulfill their duties in accordance with the principles of medical art.

A complication is an undesirable but potentially predictable side effect or consequence of a treatment, disease, surgery or other type of medical intervention. It may be the result of the natural course of the disease or a side effect of the therapy used.

Complications are usually related to the individual reaction of the patient’s body, his health condition, co-existing diseases or external factors that are not always fully controlled by medical staff. Complications listed include: bleeding after surgery, infection of the surgical site, allergic reaction to the administered drug, venous thrombosis after limb immobilization.

The complication is the result of proper medical treatment and is not related to incorrect behavior of the staff. It may occur even when all medical standards and procedures are observed. This is a side effect that could not be fully avoided or predicted in the individual patient’s case.

A medical error is a situation in which an ailment or damage is the result of incorrect behavior of medical staff – e.g. negligence, wrong decision, failure to follow procedures or lack of appropriate care. The consequences of a medical error could potentially be avoided if the staff followed the principles of medical art.

To sum up, a complication does not result from incorrect behavior of the staff, while a medical error is directly related to a deviation from proper medical procedures.

Yes, the injured party may obtain reimbursement for treatment in private facilities as a result of a medical error. The regulations state that compensation for damage covers all costs resulting from bodily injury or health impairment, including the costs of treatment, regardless of whether it took place in a public or private facility.

The injured party has the right to have the effects of the event removed as quickly as possible in a way that is most beneficial to his or her health and in the best possible conditions, therefore he or she is not obliged to wait in line for treatment under the National Health Fund if the delay could worsen his or her health condition or increase suffering. The entity responsible for a medical error, e.g. a hospital, doctor or insurer, cannot refuse to cover the costs of treatment in a private facility on the grounds that it could have been provided under public health care.

Private treatment, which is often a faster and more effective solution, may be necessary to minimize the effects of a medical error, which legally justifies its reimbursement.

Diagnostic error involves incorrect diagnosis of the patient’s health condition. It may occur when a doctor confirms the existence of a disease that the patient does not actually have, leading to unnecessary treatment. Such actions may cause harm to the patient resulting from the use of inappropriate therapies. The opposite situation, in which a doctor fails to recognize an existing disease and considers the patient healthy, also constitutes a diagnostic error. In such a case, the lack of further diagnostics may result in a deterioration of the patient’s health. Diagnostic errors also occur when a doctor, incorrectly interpreting test results, diagnoses the wrong disease, omitting the actual disease.

The causes of such errors may include, among others: insufficient knowledge of medical staff or negligence in performing duties. If a patient suffers damage as a result of a diagnostic error, he or she is entitled to compensation, including: reimbursement of the costs of treatment, rehabilitation or necessary medical care.

In order for a patient to claim compensation for a diagnostic error, it is necessary to demonstrate that he or she has suffered damage as a result. Not every incorrect diagnosis gives rise to the right to a claim – it is crucial to prove that the error influenced the development of the disease, led to inappropriate treatment or caused a delay in making the correct diagnosis.

In the process of claiming compensation, the analysis of medical documentation is of particular importance, as it often constitutes the basic evidence in the case. It is also worth using the help of experts, such as lawyers or medical malpractice specialists, who can help you choose the best strategy. Depending on the circumstances, the claim may be directed to a doctor, a medical facility (e.g. hospital) or directly to the insurer responsible for covering the damage.

Delayed diagnosis occurs when a doctor fails to recognize a disease in a timely manner, despite available information and tools enabling an earlier diagnosis. Such a situation may lead to:

• higher risk of complications,
• late start of treatment,
• disease progression and deterioration of health,
• permanent and irreversible damage to health.

Examples of delayed diagnosis include situations in which the doctor did not order key diagnostic tests, downplayed the symptoms reported by the patient or incorrectly interpreted the results of the tests.

To prove harm resulting from delayed diagnosis, three key elements must be demonstrated:

1. Causation

The patient must prove that the delay in diagnosis had a direct impact on the deterioration of the health condition or an increase in the risk of complications.

2. Damage to health or property

You must provide evidence of losses such as medical expenses, loss of income, and physical and mental suffering.

3. Fault of the doctor or medical facility

The patient should demonstrate that the doctor or medical facility did not act in accordance with the principles of medical art, e.g. by omitting to perform necessary diagnostic tests that could have accelerated the diagnosis of the disease.

The evidence may include, among others: medical documentation, opinions of medical experts, history of the disease.

Yes, in the event of medical error, the patient can seek compensation for mental suffering. Compensation is a form of compensation for harm suffered, both physical and mental. Under Polish law, a person who has suffered damage to health may seek compensation for non-pecuniary damage, including pain, suffering and other mental ailments.

In the context of medical error, mental suffering may include such ailments as:

• stress,
• depression,
• anxiety,
• sense of loss of control,
• anxiety related to the course of treatment.

To obtain compensation for mental suffering, it must be shown that the medical error actually led to such problems.

In addition to compensation, the patient may apply for compensation for physical and mental suffering. The amount of compensation depends on the following factors:

• the intensity of the pain experienced, both physical and mental,
• the degree of damage to the patient’s body, including its durability,
• deterioration of future prospects,
• reduction in the quality of life.

If the medical error did not lead to the patient’s death, the amount of compensation may even exceed PLN 1 million, especially in cases where the patient requires constant care.

In the case of death of a patient as a result of medical error, relatives may seek compensation for the harm suffered. The amount of compensation is influenced by:

• the degree of emotional bond with the deceased person,
• the extent of the mental suffering of loved ones,
• the sense of loneliness after the loss,
• the role of the deceased in the family.

In determining the amount of compensation, it may be helpful to use the experience of a lawyer specializing in this type of cases. Our law firm offers professional support in such cases.

The court may award compensation for harm to loved ones who have lost a family member as a result of a medical error. However, the regulations do not specify who exactly is considered “immediate family”. Usually, these are spouses, children, parents and siblings, but people who are not formally family members but had very close emotional ties to the deceased may also apply for compensation. Compensation is awarded in such cases after a thorough analysis of the degree of emotional ties and relationships of the deceased with the applicant.

Several factors determine whether compensation is awarded for the death of a loved one as a result of medical error. The key ones are:

• The degree of emotional bond – the court takes into account how close the relationship was between the applicant and the deceased person. Usually, the greatest compensation is awarded to spouses, children, parents and siblings, but people who were in close relationships with the deceased may also apply for compensation.

• The extent of mental suffering – the court assesses the extent to which the death of a loved one influenced the applicant’s life, what emotional consequences and mental pain he experienced after the loss.

• Sense of loneliness – An important factor is also whether the applicant feels a loss of emotional support or material provided by the deceased person.

• The role of the deceased person in the family – the court also takes into account the role that the deceased played in the family, e.g. whether he was the main breadwinner, caregiver or a person particularly close emotionally.

Compensation for the death of a loved one as a result of medical error is awarded on the basis of a detailed analysis of all these factors, often with the help of expert opinions who assess the impact of the loss on the applicant’s life.

Compensation for the death of a loved one is a one-time cash benefit paid by the insurer of the entity responsible for the event.

It may be awarded in the event of death caused by:

• an accident at work,
• a traffic accident,
• a medical error,
• an accident on a farm.

The purpose of compensation is to compensate for losses suffered by loved ones, such as loss of a source of income or other necessities of life.

When applying for compensation after the death of a loved one, it is worth understanding what losses can be compensated. Compensation covers both material and intangible losses suffered by the deceased’s relatives as a result of the death of the deceased.

These losses include, among others:

• loss of the deceased’s income, which contributed to the maintenance of the household or financial support for individual family members,
• lack of help of the deceased in raising children, caring for people in need of support or performing household duties.

Additionally, compensation may cover expenses related to the deterioration of mental or physical health, that occurred as a result of the loss of a loved one.