Case 1.
A few weeks ago, I had an accident on a building site – through no fault of my own. Can I make use of the available legal remedies and bring a claim in this regard? What options do I have?
An accident at work on a construction site is an event that gives rise to both an obligation to pay accident benefits under social insurance and entails the civil liability of the employer or another person responsible for the damage (site manager, client’s representative).
If the injured party has suffered bodily injury or damage to their health, they may claim the following benefits from the responsible parties:
compensation for non-material damage, intended to compensate for the non-material harm suffered,
medical expenses and any other costs arising from personal injury, e.g. rehabilitation costs,
a pension for increased needs related to the improvement of the injured party’s health over a longer period of time, and
a compensatory pension if the effects of the inability to work can be determined with reasonable accuracy, e.g. for one year; in the case of a shorter (e.g. two-month) loss of earning capacity, the injured party may bring a claim against the party responsible for the damage to cover the resulting loss in the form of lost earnings and
the costs of retraining for a new profession.
However, it should be borne in mind that claiming compensation in court proceedings is only possible after the proceedings before the pension authority (ZUS) have been concluded and a one-off compensation payment has been awarded in connection with an accident at work, pursuant to the Accident at Work Act.
Case 2.
We were building a terrace for our client. Whilst observing our work, he slipped on an area we had not yet paved and sprained his ankle – blaming us (even though we had properly cordoned off the work area). How should we respond to this?
In some cases, the injured party contributes to the occurrence or severity of the accident, for example by creating a dangerous situation on the site through their own careless behaviour.
Applying this to our example, it must be concluded that the client failed to observe the necessary safety precautions they should have taken whilst moving around the designated and cordoned-off area where paving work was taking place. Consequently, the company will not be obliged to compensate for the damage incurred, as it arose solely through the fault of the injured party (the client) as a result of their carelessness.
In other cases where the injured party contributes to the occurrence or increase in the damage, the compensation due may be reduced. In this context, ‘contribution’ refers to such behaviour on the part of the injured party (action or omission) which has a causal link to the damage and is objectively improper.
Contributory negligence is determined as a percentage, which in practice means that all benefits paid to the injured party (e.g. compensation, damages, pensions, reimbursement of costs) will be reduced by that specific percentage.
Case 3.
My employee had an accident on a construction site, but the client decided not to provide first aid. What can we do?
In the above case, it is difficult to find any negligence on the part of the client, as according to general health and safety rules, in the event of an accident on a construction site, work must be stopped and the incident reported to a colleague, then to a supervisor, and if necessary, these individuals (and not the client) should administer first aid. However, if the incident results in an injury, it is advisable to seek medical assistance.
In most cases, the injured person should be taken to a doctor by a colleague or a supervisor, in order to avoid a situation where the injured person feels unwell or faints and suffers further injuries. The decision as to who will take the injured person to a doctor is made by their supervisor.
It should be borne in mind that injured persons, often in shock or under the influence of adrenaline, may claim that they are fine and can continue working or get to a doctor on their own. If head injuries, internal organ damage or other serious injuries are suspected, an ambulance should be called.
