If you were injured on your way to work or on your way home after work, Polish law gives you specific rights — different from ordinary sick leave. This article explains what a commuting accident is, what benefits you're entitled to, and what to do step by step.
What Is a Commuting Accident in Poland?
A commuting accident (wypadek w drodze do pracy lub z pracy in Polish) is an event that:
- occurred on the direct route from home to work or from work to home,
- happened on the shortest and most direct path,
- and resulted in personal injury or death.
Legal basis: Act of 25 June 1999 on cash benefits from social insurance in case of illness and maternity (Art. 57b), and Art. 3(3–4) of the Act on Social Insurance Against Accidents at Work.
Key distinction: A commuting accident is not the same as a workplace accident. It covers events that happen outside the workplace, but on the way to or from it.
Who Does This Apply To?
The rules apply to all employees, including temporary workers hired through a staffing agency (such as Nexflow). It doesn't matter whether you are Polish, Ukrainian, Belarusian, or of any other nationality — if you are legally employed in Poland, you have the same rights.
What Counts as a Commuting Accident?
Qualifies:
- A car accident on the way to or from work
- An accident on a bus, tram, subway, or train
- A fall on a pavement or road (e.g. on ice) while commuting
- A cycling accident on the way to work
- An accident on the way to a nursery or school (in certain cases, if this is a regular route related to work)
Does not qualify:
- An accident during a significant detour from the direct route (e.g. going well out of the way to a supermarket)
- An accident during a break taken away from the workplace
- An accident while under the influence of alcohol or drugs
What Benefits Are You Entitled To?
This is the key difference compared to ordinary sick leave (L4):
| Situation | Regular L4 | Commuting Accident |
|---|---|---|
| Sick benefit amount | 80% of calculation base | 100% of calculation base |
| ZUS pays from | day 34 | day 1 |
| Maximum payment period | up to 182 days | up to 182 days |
This means that from day one of incapacity to work, you receive a benefit equal to 100% of your salary — with no waiting period.
If incapacity lasts longer, ZUS may grant a rehabilitation benefit (for up to 12 months).
What to Do Step by Step
1. Ensure Safety and Call for Help
Call 112 (emergency services, police). Secure evidence — take photographs of the scene.
2. Obtain Documentation
- If a traffic accident: ask the police for an accident report or an official note.
- At the hospital/clinic: make sure the doctor issues an e-ZLA (sick leave certificate) with the code "W" (wypadek w drodze — commuting accident).
3. Notify Your Employer as Soon as Possible
You are required to report the accident to your employer (staffing agency) immediately — ideally the same day or the next. For Nexflow workers: call your assigned coordinator directly.
4. Your Employer Fills Out the Accident Card
The employer (staffing agency) is required to prepare a Commuting Accident Card (Karta wypadku w drodze do pracy) within 14 days of the report. This card is the basis for ZUS benefit payment.
5. ZUS Pays Your Benefit
Based on the accident card and sick leave certificate, ZUS pays sick benefit at 100% of your calculation base.
Frequently Asked Questions
Do I need witnesses? It's not required, but witnesses or photographs from the scene make the procedure much easier. A police report is strong evidence.
Can ZUS refuse to recognise the accident? Yes, if the route was not direct or the event was the result of the worker's deliberate fault. You can appeal against a ZUS decision.
What if I work through an agency (Nexflow)? The agency (your formal employer) is responsible for completing the accident card. Temporary workers have exactly the same rights as any other employee.
Can I also claim against the person who caused the accident? Yes. ZUS benefits do not exclude seeking compensation from the responsible party (e.g. through their vehicle liability insurance — OC).
Summary – Key Points
- A commuting accident gives you the right to a 100% benefit from day 1
- Applies to every legally employed person — regardless of nationality
- Notify your employer (agency) as soon as possible
- Secure documentation: e-ZLA with code "W" + police/ambulance report
- The staffing agency fills out the accident card — that is their obligation, not yours
Questions about a commuting accident? Contact your Nexflow coordinator — we'll guide you through the whole process.