Procedure for Establishing a Work Accident

A work accident is a sudden injury to health occurring during or in connection with the performance of work, resulting in temporary or permanent incapacity for work, or even death. The procedure for determining whether an accident qualifies as work-related is strictly regulated by the Social Security Code (SSC) and the Ordinance on the Investigation, Registration, and Reporting of Work Accidents.

The main purpose of the procedure is to differentiate genuine work accidents from ordinary incidents, as only officially recognized work accidents entitle the employee to compensation from the National Social Security Institute (NSSI) and may engage the employer’s liability under Article 200 of the Labour Code.

When an incident occurs during work, the employer must immediately notify the NSSI and appoint an investigation commission, including representatives of the company, the occupational health service, and, where applicable, trade unions.

The commission inspects the site, interviews witnesses, and collects evidence regarding the causes of the accident. Based on the findings, a Work Accident Report is prepared and sent to the NSSI territorial office.

The NSSI issues a decision recognizing or rejecting the accident as work-related. This decision can be appealed before the Director of the NSSI’s territorial division and subsequently before the Administrative Court.

In court practice, disputes often arise over whether an accident occurred “in connection with work.” For example, accidents on the way to or from work, during business trips, or while performing tasks outside the office are often considered work-related when they serve the employer’s interest or occur in the course of performing assigned duties.

Recognition of a work accident has significant social and economic importance, as it grants the employee (or their heirs) entitlement to benefits and compensation under social insurance, and in some cases to additional damages from the employer.

If you have suffered an accident during work or suspect that your injury may qualify as a work accident, it is advisable to consult an experienced labor and social security lawyer.
This article does not constitute legal advice or opinion by attorney Mihail Tomov, and serves solely for informational purposes.