Occupational accident – the most important thing we need to know

An occupational accident is an unwanted event that can have serious consequences for the health and well-being of an employee. Understanding the rights and obligations in such situations is essential for effectively dealing with the consequences and seeking fair compensation.

What is a work accident?

According to Social Security Code (SSC), an occupational accident is any sudden injury to health that occurs during and in connection with or on the occasion of the work performed, as well as in any work performed in the interest of the enterprise, when it causes temporary incapacity for work, permanent reduced working capacity or death.

It is important to note that not every injury that occurs in the workplace is considered a work-related accident. For example, if the incident is the result of an activity that is unrelated to the work being performed, it may not qualify as a work-related accident.

Statistics of work accidents in Bulgaria

According to data from the National Social Security Institute (NSI), in 2021, 2,427 work accidents were registered in Bulgaria, of which 70 were fatal.

These figures highlight the need for increased attention to workplace safety and awareness of rights in the event of an accident.

What to do in the event of a work accident?

1. Seek medical attention.: Seek immediate medical attention for evaluation and treatment of injuries. This is essential for both your health and the documentation of the incident.
2. Declare the accident: The employer is obliged to declare the accident to the territorial division of the National Social Insurance Institute within 5 working days. If he fails to do so, the injured party or his heirs may submit a declaration within one year of the occurrence of the accident.
3. Participate in the investigation: In serious incidents, such as death or permanent disability, an investigation is conducted by the National Social Security Institute and the Labor Inspectorate. Your cooperation can be crucial in establishing the circumstances surrounding the accident.

Rights and compensation in the event of an accident at work

After the accident is recognized as an occupational accident, the injured party is entitled to the following social security benefits:

• Cash compensation for temporary incapacity for work: Paid by the National Social Security Institute for the period of incapacity for work.
• Cash compensation upon employment: If a change of position is necessary due to health conditions.
• Personal or survivor's disability pension: In case of permanently reduced working capacity.
• One-time death benefit: Paid to the heirs of the deceased.

The employer is liable for the difference between the damage caused (material and non-material) and the benefits received from social security. You can learn more about the benefits from here.

How to seek compensation?

1. Gather the necessary documents: Medical records, evidence of the accident, witness contacts, and other relevant documents.
2. Submit a request to the employer: Formally notify your employer of your claim for compensation. You may wish to seek the services of a lawyer for this step.
3. Consult a lawyer: Seek legal assistance to negotiate with the employer or his insurer, as well as to file a lawsuit. We recommend that you contact lawyers with experience in work-related accidents, as they are familiar with the specifics of the legislation and case law in this area.

It is important to act promptly and be informed about your rights in order to receive fair compensation for a work accident.

If you need advice regarding a work accident, you can contact contact the Delikti.bg team, which consists of experienced lawyers and legal professionals.