wtorek, 6 sierpnia 2013

Accident at work


From August 24, 2012 changed the rules for dealing with the recognition of the event as an accident at work, on the basis of which the injured person may receive a benefit in this respect.
Persons covered by accident insurance, workers who are not involved in the accident at work is entitled to compensation or other benefits to compensate for injury.



Who should be informed about the accident?

Victims must notify the appropriate parties of the incident as follows:

people receiving an athletic scholarship - it shall notify the paying entity;

persons engaged in gainful employment during the period of deprivation of liberty - notify their employer;

Deputies and Senators - properly notify the Office of the Chancellery of the Sejm or Senate;

persons receiving training, internship, etc., and receives a grant under this head - notify the employer in whose place such training or apprenticeship;

members of the agricultural production cooperative or agricultural farmers, performing work on their behalf - notify the appropriate co-operative;

who provide work under contract: agency, an order or a service - inform the person on whose behalf carry out the work;

Associates of performing work under the contract: agency, an order or a service - notify those persons;
clergy - notify the competent supreme diocesan or religious institution;

those on alternative service - notify the employer, in the place that service;

students of the National School of Public Administration, Toll scholarship - notify the institution;

who provide work under contract: agency, assignment, service or work, if the work under this contract is performed for the employer, employing them on a contract of employment - notify the entity with which it entered into an agreement;

customs officers - notify the competent entity in which they serve.

These entities are then required to provide written notice to the Social Insurance Institution of initiation of proceedings to determine the causes and circumstances of the accident. Social Security representative may participate in this proceeding.

Indemnity insurance


Indemnity insurance - it's in the insurance business (by way of guarantee and PAYG) compensation, the obligation lies with the insurer. Based compensation is an insurance contract as defined in Art. 805 of the Civil Code entered into voluntarily or execution of a statutory (see, eg, Act of 22 May 2003 on Compulsory Insurance).



Compensation insurance for liability principal, outside of material injury (damnum emergens) includes loss of profits (damage sustained), and damage to the person can also include compensation for the damage suffered.

Assistance in obtaining insurance compensation provides the Insurance Ombudsman, under the Act of 22 May 2003 on the supervision of insurance and pensions and the Insurance Ombudsman. Help can also be found in commercial insurance consultancy offices.

What is damages?


Damages is the provision to be a victim for the injury to the body of civil law (eg, individual, legal person of the Treasury) that the damage was done, or bears responsibility for it.

Compensation may also have the form of a pension to the victim who has lost the opportunity of earning, or for those who suffer the death of the host. In the cases referred to in the Act, relating to cause injury to a person or breach of any other form of personal victim may receive cash compensation in addition to compensation for the damage suffered.



As for liability arising from the improper performance of the contract (ex Contractu responsibility) is in accordance with Art. 361 of the Civil Code shall be liable for damages only for the normal consequences of an act or omission of the damage resulted (will not be held liable for example, in the case of force majeure).

First decision


In case when you:

Had an accident while a pedestrian, passenger, cyclist, driver
Suffered injuries to health
Someone close died in an accident
Do not know how to make a claim from the insurer
You do not receive due compensation
Feeling aggrieved insurer's decision

You must go to the office which specialize with:

Free familiarize themselves with your case.
Get accident compensation without any initial fees
Salary settle only after obtaining compensation.



In your name this office perform to the insurer for:

Compensation, reimbursement of medical expenses
Annuity to the increased needs, lost wages
Compensation and appropriate compensation for the death of the person you loved
Reimbursement of funeral expenses, alimony pension
Compensation for destroyed property in an accident.

It is very important to choose the right place.



Legal basis


Compensation is a benefit that is payable to a person in the cases specified by law. The entity must suffer or prejudice in the property, then we are dealing with material injury, or other goods (that is, have suffered harm, or non-pecuniary damage).
The payment of compensation may arise as a result of the so-called. liability in tort or so. contractual liability. Always premises of the liability for damages is:

1 the damage,
2 the existence of legal regulations defining the obligation to repair,
3 a causal link between the damage and the event that caused it.



Compensation shall not be greater than the damage caused, its role is only the alignment. In some cases, compensation may be lower than the actual losses incurred by the victim. For example, the compensation may be reduced when:
results from the act or contract:

1 if the victim contributed to the creation or increase of the damage.
2 because of the financial status of the victim or the person responsible for the damage limitation damages due
3 the principles of social coexistence.