Investigation of a work accident

An occupational accident is an injury to health that occurs during or in connection with the performance of work. In order for an injury to be recognized as an occupational accident, it must be established after conducting and complying with an administrative procedure, which consists of notification and investigation of the incident by the National Social Security Institute ("„NSSI“"). You can learn more about an occupational accident from our article on this topic.

Notification to the National Social Security Institute

In order to proceed with an investigation of an occupational accident, the social security authority must first be notified of the injury. This is done by declaring the incident to the relevant territorial division of the National Social Security Institute. The declaration can be made by the employer or by the employee or his successor.

Very often, employers do not follow the procedure and do not notify the National Social Insurance Institute of the occupational accident that occurred. In such a case, the employee must notify himself. There are established legal deadlines for this, which, if not met, may complicate the investigation of the incident.

When is an investigation conducted?

The investigation is not a mandatory stage and is carried out at the discretion of the NSSI authorities. However, it is mandatory in the following cases:

• fatal accident;
• injury to more than three workers;
• an accident that could lead to disability;
• accident due to non-traumatic injury;
• an accident declared by the worker or his heir.

How does the investigation begin?

The investigation begins with an order from the head of the relevant territorial division of the National Social Security Institute (NSSI) upon a request submitted by the employer or the injured person.

Participants in the investigation of an occupational accident

These are representatives of the National Social Security Institute, the Executive Agency "General Labor Inspectorate", as well as one representative of the employer and one representative of the workers. The injured party or his heirs also have the right to participate. Participation in the investigation is a very serious opportunity for the worker to monitor its legality.

Investigation actions

The investigation of the work accident must establish the specific circumstances and causes of its occurrence, the type of injuries, as well as all other data that will help the relevant territorial division of the National Social Security Institute to decide on the nature of the accident.

During the investigation, evidence is collected in relation to the injury suffered. Such evidence is provided by both the employer and the employee. Participation in the investigation is important because in this way, the injured party can request the collection of various evidence, as well as provide evidence collected by him, which is important for determining the incident as an occupational accident.

Investigation report

The results of the investigation are being formulated in protocol, which contains data on:

• The injured person and the insurer;
• The place, time and witnesses of the accident;
• The specific physical action performed by the victim in
  the moment of the accident, and the environmental factor associated with this action;
• Deviations from normal actions and environmental conditions;
• The type of damage and the material factor that caused the damage;
• Violations of the regulatory acts and the persons who committed them
  admitted, etc.;

The report of the investigation must be served on the injured person. There is a 3-day period within which written objections to the findings in the report can be submitted. This is especially important because the report may not take into account some evidence or may focus primarily on that provided by the employer.

How can we assist you?

This mainly depends on the moment at which you sought our assistance. First of all, we can help you notify the insurance authority and initiate the procedure for establishing an occupational accident. During the investigation itself, we will ensure the protection of your rights and require the performance of all necessary actions.  

The investigation of an occupational accident is a fundamental stage in the procedure for its establishment. Consulting a specialist is advisable in most cases, due to the specificity of the procedure and the possible errors that can be made. There are numerous laws and regulations, compliance with which must be monitored by a specialist (for example, the rules of the Social Security Code (Chapter Five), the Regulation on the Establishment, Investigation, Registration and Reporting of Occupational Accidents, the Law on Health and Safety at Work - Art. 23, the Labor Code Art. 289 and 290, etc.)