Working without an employment contract and an accident – am I entitled to compensation?

In Bulgaria, quite a few people work without a signed employment contract – sometimes due to lack of information, other times at the insistence of the employer or of their own free will. In such a situation, however, the question arises: what happens if an accident occurs at work? Are you entitled to compensation if you have actually worked, but there is no official employment relationship?

What is a work accident?

According to The Labor Code, work accident is any injury to health that occurs during or in connection with the performance of work duties. In order for the accident to be officially recognized and for you to receive compensation from the National Social Security Institute (NSI) or from your employer, you need to have a registered employment relationship. Otherwise, you find yourself in a gray area of legal protection.

What happens in an accident without a contract?

If you work without an employment contract and have an accident, you will most likely not be able to receive compensation. from the National Social Security Institute, since no social security contributions have been made for you. There is also no registered employment relationship that would be the basis for obligations on the part of the employer. In such cases The employer's liability can only be sought after it is proven that you actually performed work for them., although without a formal contract.

Is it possible to get compensation?

Yes, but with extra effort. The injured person can report to The Labor Inspectorate, where, if evidence is available, the existence of a de facto employment relationship can be established. This is proven by witness statements, messages, documents or other objective data. The employee can then file a claim against the employer for compensation – both for the damages suffered and for lost income and treatment. This procedure often requires the intervention of a lawyer, since the burden of proof is on the injured party.

Can the accident be recognized as work-related?

Yes, in certain cases. Even without an employment contract, if it is proven that you were performing work for a person or company, and the accident occurred during that work, the Labor Inspectorate and the court may recognize the accident as an occupational accident. This opens the possibility of seeking compensation through legal proceedings, including for non-pecuniary damages (pain and suffering) as well as for pecuniary damages (medical expenses, lost income, inability to practice one's profession).

What are your rights under the law?

The employer is obliged to conclude an employment contract before starting work. Working without a contract is illegal, but does not deprive the injured party of his right to seek protection. Even in the absence of a contract, if there are signs of an employment relationship (subordination, remuneration, specific tasks), the court may recognize it and oblige the employer to compensate the injured party.

What can you do if you are injured?

First of all, it is important to seek medical attention and document the accident. Then, report it to the Labor Inspectorate, where an investigation will begin. Gather evidence that you worked for the specific employer – colleagues, witnesses, documents, payments. Contact a lawyer who can help you prepare a claim for recognition of an employment relationship and compensation.

Working without an employment contract carries a real risk for you as an employee – especially in the event of an accident. The lack of a contract does not automatically mean that you have no rights. The law allows for the possibility of recognizing the existence of an employment relationship through legal proceedings and receiving the compensation you are due. For this to happen, it is important to act promptly and with the support of a specialist.

If you have been injured in a workplace accident without an employment contract, seek legal assistance. The Delikti.bg team is available to consult on your case. Contact us.