Thursday, August 20, 2009

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Accident

Pursuant to Art. 3 of the Act on social insurance for accidents at work and occupational diseases for accident at work is considered sudden event caused by external cause injury or death, which occurred in connection with work:

1) during or in connection with performance of usual activities or commands of superiors,

2) during or in connection with performance of activities for the employer, even without instructions ,

3) time the employee remains at the disposal employer the way between the employer's office and the place of performance of an obligation arising from the employment relationship.

1) suddenness of the event: - event occurs in a very short time (eg, explosion, collapse of the walls, fall from height), is unpredictable, which can not be avoided,

2 ) External Cause of accident: - cause must exist outside of an employee, can not stem from individual characteristics of the body (diseases, disorders, predisposition to disease). The typical external factors include: noise, radiation, operation of machinery, an explosion to high or low temperature stress.

external cause need not be the only cause of accidents at work. Just that you get in the team for reasons which have led to this accident. If the external cause is the cause of the confluence of the internal, is to recognize the event as an accident at work is sufficient if it is possible that without this external factor would not have been the effect of injury.

The Court has assumed that the significant deterioration health or death at work, which occurred against the background of worker illnesses reported in spontaneous, do not exclude themselves recognize the event as an accident at work, if the facts of the case revealed the facts of an external cause, which is related to a specific effect.

3) relationship to the work accident - the beams will take place in accordance with Article. Three paragraphs. 1 of the accident, an accident occurs

employee in the performance of ordinary activities or command superiors or in connection with their execution.

If time and space reserved for the work, the worker does what he does not belong to the employee's duties, breaks the same relationship to the work accident. In this case, the employer does not bear responsibility for the consequences of the accident.

during or in connection with performance of activities for employer, even if their performance has not received proper instructions.

accident at work can also be an event that takes place when a worker is not perform usual activities of employees, but works for (and therefore in the interests) of the employer, even though this has not received explicit instructions from the employer or supervisor.

at a time in which the employee remained at the disposal of employers on the way between its headquarters and the place of performance of an obligation arising from the employment relationship.

on par with an accident at work the benefits provided for shall be the employee has an accident (Article 3, paragraph 2):

while traveling business, in circumstances other than those meeting the criteria for an accident at work, unless the accident was caused by conduct of the staff, which is not in connection with the performance of his duties.

during training in the universal self ,

the performance of tasks ordered by working at the employer's trade unions .

Besides regulation of the Act were accidents on the way to and from work. Currently, the provision of this title have been included the benefits paid from disability insurance and sick.

4) negative effect in the body worker, impairment of the body - an accident at work is just such an event that causes
death or injury;
legislature eliminates the so-called. Accidents bezurazowe , that from the viewpoint of social security does not matter.

categories of accidents at work:

Fatal accident at work - which resulted in death occurred in a period not exceeding 6 months from the date of the accident.

Heavy accident at work - which results in serious bodily injury, such as loss of sight, hearing, speech, reproductive or other injury or health disorder, affecting the body's basic functions, as well as an incurable disease or life-threatening, permanent mental illness, the total or partial inability to work in the profession or permanent, significant disfigurement or deformity body.

Collective accident at work - as a result of the same event have been injured at least two people.

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