https://doi.org/10.21697/zp.2020.20.1.08
Poland’s Supreme Court has repeatedly issued judgments acknowledging an employee’s right to bring an action to confirm that a given incident which occurred in his workplace was an accident at work. The purpose of such evidentiary proceedings is to establish the occurrence of a legal fact, viz. an accident at work. The burden of proof rests on the employee, but the employer does not remain passive during the process. Evidentiary proceedings under Polish labour law are independent in character and in many aspects depart from the general rules. To show that the conditions for an accident at work have been met, an employee may use any available means of proof, such as documentary evidence, witnesses’ statements, or expert opinions.
Poland’s Supreme Court has repeatedly issued judgments acknowledging an employee’s right to bring an action to confirm that a given incident which occurred in his workplace was an accident at work. The purpose of such evidentiary proceedings is to establish the occurrence of a legal fact, viz. an accident at work. The burden of proof rests on the employee, but the employer does not remain passive during the process. Evidentiary proceedings under Polish labour law are independent in character and in many aspects depart from the general rules. To show that the conditions for an accident at work have been met, an employee may use any available means of proof, such as documentary evidence, witnesses’ statements, or expert opinions.
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