What to do if the employer refuses to declare an occupational accident?

The work accident is an event of particular importance in labor and social security law, as it directly affects the health, income and social security of the employee. The law defines it as a sudden impairment of health that occurs during and in connection with or on the occasion of the performance of work duties.

After an accident at work, many employees rely on their employer to fulfill their obligations and declare the accident. However, in practice, it is not uncommon for this not to happen – either due to ignorance of the law, an attempt to avoid liability, or a dispute over the circumstances surrounding the accident.

In the practice of our team at Delikti.bg, we have had quite a few similar cases. They all have one thing in common – victims are often left with the impression that "nothing can be done", which is not true.

What obligation does the employer have?

According to the current legal framework, the employer is obliged to declare the occupational accident to the National Social Security Institute (NSSI) within the statutory period after becoming aware of it.

This obligation arises in the event of any accident occurring during or in connection with the performance of work duties, including an accident on the way to and from the workplace.

The purpose of this obligation is to guarantee the timely exercise of the injured party's social security rights. When the employer refuses or fails to act, he violates labor and social security legislation and may be held liable.

It is important to know that the employer's refusal does not mean that the accident "disappears" from a legal point of view.

What can you do as a victim?

In the event of refusal or inaction on the part of the employer, the law provides the opportunity for the worker himself or his heirs to submit a declaration of an occupational accident directly to the National Social Insurance Institute.

This is a key step, as acknowledging the accident is the basis for both insurance rights and a subsequent claim for compensation.

In parallel, it is important to gather all possible evidence, including:

• medical documentation
• sick leave
• testimony
• work schedules
• camera recordings (if any)

The sooner the evidence is collected, the easier it is to defend the right to monetary compensation.

In such situations, it is highly recommended to consult with an attorney or legal professional who has experience with work accident cases.

Additional protection options

The worker has the right to file a report with the labor law supervisory authorities, which have the authority to conduct an inspection and take measures against the employer.

These bodies have an important role in both protecting the individual worker and preventing similar violations in the future.

After collecting and analyzing the evidence, the competent insurance authority decides whether the incident constitutes an occupational accident. In the event of an unfavorable decision, the victim has the opportunity to protect his rights through administrative and judicial proceedings.

What happens if the accident is recognized?

Upon recognition of the occupational accident by the National Social Insurance Institution, rights arise under public insurance, as well as the possibility of filing a claim against the employer for compensation for material and non-material damages.

The employer's refusal to declare the accident does not deprive the injured party of the right to compensation if the accident was indeed work-related and this is proven.

Why are these cases not exceptions?

In our practice, we increasingly encounter cases where an incident at work remains undeclared, and the employee is left to deal with the consequences on their own. This is precisely why it is important for people to know their rights and actively seek them.

Do you need help from a lawyer or legal professional?

The procedures for recognizing a work accident and subsequently seeking monetary compensation are formal, often contested, and require good preparation.

Consulting with an attorney or legal professional specializing in work accident cases can be crucial to a successful outcome.

If you have been injured in an accident at work and the employer refuses to declare the work accident, contact our team on Delikti.bg for a consultation. Our lawyers and legal experts will help you protect your right to fair compensation in a timely and effective manner.

Author: Maria Kostova