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Workplace Accident
What is a workplace accident?
A workplace accident is an undesired event for any worker or employee, which gives rise to a specific pecuniary liability of the employer. A workplace accident is any sudden injury to health that has occurred during and in connection with or on the occasion of the performed work, as well as during any work carried out in the interest of the enterprise, when it has caused temporary incapacity for work, permanent reduced working capacity, or death.
In order to speak of a workplace accident, there must necessarily be an injury that is the result of external impact, and it must be related to the performance of employment duties. Different hypotheses are possible, the most common being accidents that occur during working hours, whether regular or overtime, in the performance of work functions.
It is possible, however, to suffer an accident during working hours and for it not to qualify as a workplace accident if it is the result of an activity that is unrelated to your work (for example, an accountant decides to repair an electrical socket in the office). It is not mandatory for the injury to occur at the workplace in order for there to be a workplace accident, as long as it occurred on the occasion of the work (for example, an injury during a business trip).
District Court – Ruse
Cases for bodily injuries
30 CASES
Filed during the period 2016 – 2018
BGN 5,950
Average amount of compensation for 2016
≈ 9 months
Average duration during the period 2016 – 2018
District Court – Burgas
Cases for bodily injuries
29 CASES
Filed during the period 2016 – 2018
BGN 4,300
Average compensation awarded in 2018
≈ 8 months
Average duration during the period 2016 – 2018
District Court - Shumen
Workplace accident cases
20 CASES
Filed during the period 2016 – 2018
BGN 25,256
Average amount of compensation for 2019
≈ 8 months
Average duration during the period 2016 – 2018
District Court - Pleven
Workplace accident cases
5 CASES
Filed during the period 2016 – 2018
BGN 67,455
Average amount of compensation for 2019
≈ 8 months
Average duration during the period 2016 – 2018
District Court – Ruse
Workplace accident cases
37 CASES
Filed during the period 2016 – 2018
BGN 42,925
Average amount of compensation for 2016
≈ 8 months
Average duration during the period 2016 – 2018
District Court – Burgas
Workplace accident cases
21 CASES
Filed during the period 2016 – 2018
BGN 19,231.50
Average amount of compensation for 2016
≈ 11 months
Average duration during the period 2016 – 2018
District Court – Varna
Workplace accident cases
28 CASES
Filed during the period 2016 – 2018
BGN 29,660
Average compensation awarded in 2017 ≈ 8 months
≈ 11 months
Average duration during the period 2016 – 2018
District Court – Plovdiv
Workplace accident cases
93 CASES
Filed during the period 2016 – 2018
BGN 49,625
Average amount of compensation for 2016
≈ 10 months
Average duration during the period 2016 – 2018
Sofia District Court
Workplace accident cases
182 CASES
Filed during the period 2016 – 2018
BGN 34,318.10
Average compensation awarded in 2018
≈ 12 months
Average duration during the period 2016 – 2018
The legislator has also provided for several cases in which the main characteristics of a workplace accident are not present, but which are nevertheless treated as such. These are:
- Travel to and from the place of residence – for example, you suffer a road traffic accident while travelling from your main residence to your workplace;
- Travel to and from the place of eating during the working day – again, only the travel itself is taken into account. If the incident occurs at the actual place of eating, there will be no workplace accident;
- Travel to and from the place for receiving remuneration.
What should we do next?
After the occurrence of a road traffic accident, the following documents establishing the incident may be prepared:
01. Seek medical assistance
In the event of a workplace accident, it is important to seek medical assistance for your injuries and to request the establishment of your incapacity for work. This is done with:
- a sick leave certificate in case of temporary incapacity for work, which is most often issued by the general practitioner;
- an expert decision by TELK/NELK for permanent incapacity for work;
- a death certificate from the civil registration authorities in case of death.
You should know that every accident must be declared. This is done by:
- the employer, who is obliged to declare it before the territorial division of the National Social Security Institute within 3 working days; or
- the injured person or their heirs – the declaration is made by them in the event of inaction on the part of the employer. The deadline is one year from the occurrence of the accident.
02. Participate in the investigation of the accident
Every accident may be investigated, but this is mandatory in the event of death, multiple injured persons, and expected permanent incapacity for work. The investigation aims to determine whether the accident may be qualified as a workplace accident and is carried out by the territorial division of the National Social Security Institute (NOI), together with the Labour Inspectorate.
The competent authority to qualify the accident as a workplace accident is a designated official from the territorial division of the National Social Security Institute. They issue an order by which they recognize or do not recognize the occupational nature of the injury.
A file on the accident is compiled for this entire procedure. It is stored in the territorial division of the National Social Security Institute (NOI), and the injured person or their heirs and the employer have access to it. Keep in mind that if the accident is not declared a workplace accident, this does not mean that you do not have the right to compensation on another ground.
Am I entitled to compensation in the event of a workplace accident?
Once an accident has been qualified as a workplace accident, a number of opportunities arise for the injured person. Depending on the injury, they are entitled to compensation for temporary incapacity for work, rehabilitation assistance, disability pension, assistance for assistive devices, and others. All these payments are due by the insurance authority – the National Social Security Institute.
In addition to these, the pecuniary liability of the employer may also be engaged for the material and non-material damages suffered from the accident. The compensation due by the employer is reduced by the payments received from the National Social Security Institute. Its amount depends on the damages caused.
Material damages are mainly related to the expenses incurred by the injured person in connection with their treatment. In the case of non-material damages, which are due for the pain and suffering endured, the amount of compensation may vary widely and depends on the duration of the recovery period, age, degree of recovery, and other facts and circumstances.
Contact us for a consultation regarding the amount of compensation due.
How do I receive compensation from the employer?
It often happens that when an injury is qualified as a workplace accident, the employer agrees to pay compensation voluntarily, without going to court. This is done by signing an agreement between the employer and the injured worker or employee. It should be noted that the voluntary settlement of the case is always faster than the judicial one, but it carries the risk that the employer may offer significantly lower compensation to the worker. Therefore, before signing such an agreement and during the negotiations, it is advisable to consult a specialist who can help you obtain fair compensation.
If the employer refuses voluntary payment, you may seek your rights through court proceedings. In this case, we recommend that you turn to a specialist.
Timely reaction and seeking legal assistance in the event of a workplace accident are extremely important, since a number of undesirable consequences may be prevented. Therefore, do not hesitate to contact us – Georgiev and Petrov Law Firm – if you need our services.
How does our team work?
You contact us
We review your case
Consultation
We file a court case
You receive compensation
