Work accident during a business trip – What are my rights and am I entitled to compensation?
Business trips are a common part of work in many professions – meetings with clients, training, assembly activities, transportation, participation in events. Although they take place outside the main workplace, the risk of accidents remains, and their recognition as an occupational accident is essential for the rights of the worker. In most cases, such accidents are recognized as occupational, as long as they occurred in connection with official duties.
When is an accident on a business trip considered work-related?
According to the Social Security Code, an occupational accident is an accident that occurs during or in connection with work, including on a business trip. This includes incidents during official activities, when moving between work sites or clients, in a hotel or place of accommodation, as well as when traveling to or from a business trip. The key factor is the presence of a direct connection with the official task. Accidents that occur during personal activities are not recognized as occupational.
What to do immediately after the accident?
The employer must be notified immediately in a verifiable manner. Medical assistance should be sought and a primary medical document issued. The employer is obliged to submit a notification to the National Social Security Institute within three days, after which the National Social Security Institute conducts an investigation and issues an order for recognition or refusal.
What benefits are you entitled to?
A recognized work accident gives the right to compensation for temporary incapacity for work, paid by the National Social Insurance Institute from the first day in the amount of 90% of the gross salary. In case of permanent consequences and a decision of the TELK, one-time or monthly compensations are granted. In certain cases, the employer is liable for damages - when he has not provided safe working conditions, has not conducted instruction or has committed other violations.
Compensation for non-pecuniary damage, including pain and suffering, may also be sought. It is claimed by the employer, another at-fault party, or the insurer, if there is additional insurance. The amount depends on the severity of the injury, the duration of treatment, and the lasting effects. In the event of death, the heirs are entitled to compensation.
Are you entitled to compensation if it is your fault?
Yes. In the case of work-related accidents, compensation from the National Social Security Institute is paid regardless of the fault of the worker. There are exceptions only in cases of intentional self-harm, use of alcohol or drugs with proven influence, as well as in incidents completely unrelated to work activities.
What to do if you are denied NSSI benefits?
The denial can be appealed. Many business travel accidents are initially denied due to incomplete evidence, but after further collection of documents, witnesses and legal arguments, the order can be changed. Legal assistance significantly increases the chances of successful recognition.
When is it advisable to seek a lawyer?
It is a good idea to consult a specialist in case of injuries, denial by the National Social Security Institute, dispute with the employer, negative opinion of an insurer or claims for higher compensation. Preparation of documentation and the right strategy lead to more complete compensation.