The procedure for establishing an accident at work as an element of the factual composition of the property liability of the employer under Art. 200 CT is defined in Art. 57 et seq. Of the Social Security Code and the Ordinance on the identification, investigation, registration and reporting of occupational accidents
The victim, his immediate supervisor or the witnesses of the accident shall immediately notify the manager of the enterprise of any accident at work. The manager is obliged to submit a declaration to the National Social Security Institute within 3 working days of learning that the accident has occurred. When the accident is not declared by the manager, the victim or his / her heirs have the right to file the declaration in the territorial division of the NSSI within one year from the occurrence of the accident.
Immediately after the notification of an accident at work, the head of the enterprise is obliged to organize an investigation into the circumstances of the accident. Representatives of employees of committees and groups of working conditions and of trade union organizations in the enterprise are necessarily invited to the investigation. The purpose is to work on hot pursuits to ascertain all the circumstances surrounding an accident at work.
A report shall be drawn up for the results of the investigation, with the following mandatory content:
the insurer / user undertaking;
the place and time of the accident;
witnesses to the accident and the first aid person;
a characteristic of the work performed by the victim (s) prior to the accident;
the specific physical action performed by the victim (s) at the time of the accident and the related material factor;
deviations from normal activities and conditions and the material factor associated with these deviations;
the manner of injury and the material factor causing the injury;
violations of normative acts;
the persons who committed the violations;
the necessary measures to prevent such accidents.
An important guarantee of the truth of the findings of the investigation is the right to be present during the investigation of the victim personally or by a worker or employee of the same profession, or a family member or an ascending or descending relative or a representative of the trade union of which he is a member. ; or a representative of employees in the committees and working groups. The same right as the heirs of the deceased in an accident at work.
These persons shall familiarize themselves with the record, sign it and, if they do not agree with the findings or the manner in which the investigation is conducted, submit written objections to the record within 3 days. Objections may also be made to requests for the taking of evidence that are both possible and necessary for the investigation.
The determining authority
Recognition of the occupational nature of the accident shall be made by an official appointed by the head of the territorial division of the NSSI on the basis of the data in the occupational accident file within 7 days of the declaration.
It is important that the procedure does not end with this order. It may be appealed / although in practice this rarely happens / by the user insurer / enterprise and by the victim or his heirs in accordance with Art. 117 of the Social Security Code before the head of the respective territorial division of the NSSI. The next stage is judicial review, which is two-tier - the respective administrative court and the Supreme Administrative Court.
Only after the successful completion of the administrative procedure, the entry into force of the order of the NSSI official, the path to the claim process for compensation was opened.