Workplace Accidents

Definition and legal framework

A workplace accident is defined in Art. 55 of the Social Security Code (SSC). It represents any sudden health impairment occurring during and in connection with or on the occasion of the work performed, as well as during any work performed in the interest of the enterprise, when it has caused temporary incapacity for work, permanent reduced work capacity, or death.

Three mandatory elements

For an event to be recognised as a workplace accident, three elements must be cumulatively present:

1. Sudden impairment (accident) — a specific event with a precisely determinable time of occurrence. Diseases that develop gradually are not included (they are occupational diseases)
2. Connection to work — the impairment must have occurred during, on the occasion of, or in connection with the work performed
3. Harmful result — temporary incapacity for work, permanent reduced work capacity (disability), or death

Extended cases

The Social Security Code also equates the following to a workplace accident:

• Commuting to and from work — on the usual route, regardless of the means of transport
• Travel to and from the usual eating place — during lunch break
• Performance of public duties — organ donation, participation in rescue operations, etc.
• Work in the interest of the enterprise — even outside working hours and workplace, if in the employer's interest

Strict liability of the employer

According to Art. 200 of the Labour Code, the employer bears property liability for damages from a workplace accident or occupational disease that has caused temporary incapacity for work, permanent reduced work capacity (50% or more), or death of the worker.

Key feature: no-fault liability

The employer's liability is strict (objective) — i.e. it does not depend on fault. The employer owes compensation even when:

• They have taken all possible safety measures
• The accident was caused by the actions of third parties
• The accident occurred due to a random event
• The employee was grossly negligent (in this case compensation is reduced, but not excluded — Art. 201, para. 2 LC)

The only ground for full release from liability is if the injured person caused their injury intentionally (Art. 201, para. 1 LC).

Procedure for workplace accidents

1. Immediate actions

• Providing first aid to the injured person
• Securing medical assistance
• Preserving the workplace conditions (as far as possible)
• Notifying the direct supervisor

2. Declaration to the NSSI (3 business days)

The employer is obliged to declare the accident to the territorial division of the NSSI within 3 business days of its occurrence (Art. 57, para. 1 SSC). The declaration is filed using an approved form and contains data on the injured person, circumstances, witnesses, and the injury.

The injured person or their heirs also have the right to declare the accident within 1 year of its occurrence, if the employer has not done so.

3. Investigation

The NSSI conducts an investigation of the accident, which includes:

• Inspection of the workplace
• Questioning of witnesses and the injured person (if possible)
• Review of documentation — safety briefings, risk assessment, medical examinations
• Preparation of investigation report

4. NSSI decision (up to 14 days)

The NSSI official issues a ruling accepting or rejecting the accident as work-related within 14 days of the declaration. The ruling may be appealed before the director of the NSSI territorial division within 14 days, and their decision — before the administrative court.

Compensation

Upon a recognised workplace accident, the worker (or their heirs) is entitled to compensation for all damages suffered:

Pecuniary damages

• Medical expenses — medication, surgery, rehabilitation, assistive devices, transport to healthcare facilities
• Wage difference — between the salary received before and after the accident, including the difference between temporary incapacity benefits and full salary
• Lost income — lost wages for the entire period of incapacity
• Future expenses — upcoming treatment, prostheses, orthopaedic devices

Non-pecuniary damages

Compensation for pain and suffering is determined by the court in equity (Art. 52 of the Obligations and Contracts Act). The amount depends on the nature and severity of the injury, duration of treatment, age of the injured person, lasting health consequences, and quality of life. Awarded compensation ranges from several thousand to hundreds of thousands of leva.

Mandatory insurance

For workers performing work under first and second category labour conditions and for certain high-risk professions, the employer is obliged to take out mandatory "Workplace Accident" insurance (Art. 52 HWSA). This insurance covers part of the damages but does not release the employer from full liability under Art. 200 LC.

Court fees

Claims for workplace accident compensation are exempt from court fees for the worker-plaintiff (Art. 359 LC). Fees are paid by the employer if they lose the case.

Frequently asked questions