Workplace Injury

A workplace injury is harm to an employee’s health (or even death) caused by sudden, short-term external factors while performing work tasks or in direct connection with them, occurring independently of the employee’s will (the employee does not intend to cause harm to themselves). Simply put, it is damage to an employee’s health in connection with performing work for an employer.

What is a workplace injury?

A workplace injury is an event that meets the conditions defined by law. If any of the defining elements are missing, it is undoubtedly an unfortunate situation, but from a legal perspective, it may not be classified as a workplace injury. This does not mean that the employee will not have any claims. The legal regime for compensation and its resolution may not fall under employment law. The conditions for the workplace injury regime according to the Labor Code must be fully met.

A workplace injury can be defined as:

• Damage to health or death of the employee;
• Occurred independently of the employee’s will (the employee did not intentionally cause harm to themselves);
• Caused by sudden and violent external influences;
• While performing work tasks or in direct connection with them;
• Additionally, an injury that the employee suffered while performing work tasks.

For example: A warehouse worker suffers a workplace injury when a pallet falls on their foot:

• The injury caused the fracture of two toes (damage to health);
• The pallet fell due to incorrect handling by another employee (the injured employee did not intend to harm themselves);
• The employee did everything correctly and could not react in time or prevent the unexpected release of the pallet;
• The employee was clearly performing their work tasks for the employer.

We see that all the necessary features of a workplace injury are met according to the legal definition. The employee can claim compensation for the resulting injury, which will primarily involve material compensation (especially if their income is reduced, wage compensation, damage to property - e.g., a destroyed shoe, etc.). In addition, there will be a claim related to the pain suffered and potentially also non-material damage (e.g., if there is a permanent consequence, such as never being able to dance ballet again).

What causes a workplace injury - external factors

A workplace injury arises from sudden and violent external influences that could not be avoided.

As illustrated in the example, it could be due to the fall of an object, damage during the handling of a device, an attack by a third party, or even slipping, tripping, and similar cases. External causes can include forceful movements or environmental influences. For example, exposure to chemical substances that the employee comes into contact with may result in harm to the employee’s health. A workplace injury also includes employee illness if it was caused by the work environment suddenly. If the process of health degradation is gradual, it is more likely to be classified as an occupational disease, which falls into a separate category for claims.

If you suffer a workplace injury, you have the right to claim compensation from your employer (employee claims).

Existence of Consequence of a Workplace Injury - Damage to Employee’s Health

The consequence of an adverse event must impact the employee’s health. Without the existence of harm to the employee’s health, there is no point in evaluating further. A workplace injury is assessed only if there is an actual deterioration in the employee’s health. The existing consequence must be health problems that make it difficult or impossible for the employee to continue their usual work.

Workplace Injury in Connection with Performing Work Tasks

A workplace injury is damage to health if it occurred while performing work tasks or in direct connection with them. If you are not performing work tasks and you are injured, it may not necessarily be considered a workplace injury. To determine if it is a workplace injury, it is essential to assess whether the activity that caused the harm was objectively and subjectively related to performing work tasks for the employer.

If there are disputes about whether the workplace injury occurred while performing work tasks, the court assesses whether, from the perspective of the nature, location, and time, the activity was objectively performed for the employer. Internal motives and reasons of the employee are not relevant.

When is it considered a workplace injury?

A workplace injury is only recognized if all legal definitional elements are met. If one of these elements is missing, the situation, despite the existing health damage, will be classified differently. In such a case, the employer may not be responsible, but another person could be. Workplace injuries can encompass a wide range of situations, and it is only about evaluating the specific event in each case.

Examples of Workplace Injuries

For example, a driver – employee stops on the way, goes to a pub to refresh themselves, and is hit by a car on the way back to the vehicle. Another example is an employee’s injury during a break at a training session. Or a situation where an employee (teacher) falls on their way from the school cafeteria (located in the school building) to their workplace.

A workplace injury is also considered an injury sustained by an employee during company sports events. Even though it is an employer’s directive beyond the scope of the employment contract and the employee is not obliged to follow it, if the employee is injured during a company event, it is considered a workplace injury.

If an employee is attacked at work by another person (not necessarily another employee), this injury is also considered a workplace injury. Even if the employee is attacked by another person outside working hours in retaliation for how they performed their work task, it will be considered a workplace injury.

When is it not considered a workplace injury?

Conversely, it is not a workplace injury if the employee’s health is harmed while deviating from performing work tasks. For example, if two employees are throwing bottle caps at each other and one injures their eye. It is also not a workplace injury if the employee is injured in the evening hours in the hallway of a lodging facility during an intern training.

Even if the employer provides accommodation to the employee (e.g., in connection with training), merely staying overnight at the lodging facility is not directly related to the performance of employment duties.

If an employee is injured at a time when they are not performing any work tasks, it will not be considered a workplace injury. For example, if the employee finishes their work tasks long before the end of their shift and does not report for further work to their supervisor.

What to do in the case of a workplace injury?

It is in the interest of both the employee and the employer to clarify the causes of the event that led to the harm. How you should proceed in the case of a workplace injury has been prepared in separate articles (here and here). The matter is quite comprehensive, so we refer you to these additional contributions.

Not familiar with the complexities of employment law?

A workplace injury is harm to an employee’s health in connection with performing work tasks. Subsequently, the employee has the right to compensation. For future disputes, legal assessment, and claim recognition by the court, information and conclusions based on them are crucial. If you have suffered a workplace injury, contact us, and we will help you. Our service is primarily focused on assisting employees in disputes with employers. If you like what we do, please share and like us on social media (IG, FB, LI). Thank you.

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