Accident on the way to or from work: what you are entitled to and how to report it?

Who this applies to

Employees who have had an accident on the way between home and the place of work. The Pensions Act also covers under this concept the way to another employment, to the place of usual performance of professional or social functions, of usual meals, and of education or studies (Article 57b(2)).

The route does not have to be literally the shortest. A break justified by the needs of everyday life, within the limits of that need, does not exclude an accident on the way. The same applies to the most convenient route in terms of transport (Article 57b(1)).

Contractors under a contract of mandate (umowa zlecenia) and other insured persons can also have an accident on the way. The card is then drawn up by the entity indicated in Article 5(1) of the Act of 30.10.2002 on social insurance in respect of accidents at work and occupational diseases (hereinafter: the Accident Insurance Act), e.g. the principal (Article 57b(3) of the Pensions Act).

How it differs from an accident at work

The way between the employer's premises and the place where a duty is performed, while you are at the employer's disposal, is an accident at work, not an accident on the way (Article 3(1)(3) of the Accident Insurance Act). The rules on accidents at work are described in the guide Accident at work.

What to do

1. Take care of your health and the evidence. In a road collision, call the police or write a statement with the other party. Take photos, note the witnesses' details and the time. See a doctor as soon as possible and ask for the circumstances of the injury to be recorded in the documentation.
2. Notify the employer. The injured person notifies the employer without delay, and when their state of health does not allow this, once the obstacle has ceased (§ 1-5 of the regulation of 24.12.2002 on recognising an event as an accident on the way to or from work, hereinafter: the regulation). The provision does not require written form, but a letter makes it easier to count the 14 days for the card. You can prepare the letter in the accident report generator. The generator is designed for an accident at work, so in the text state clearly that it concerns an accident on the way and that you are asking for an accident-on-the-way card to be drawn up, not an accident report.
3. Provide the details for the card. The card template in the annex to the regulation requires, among others: the date of the accident, the time work started and ended that day, the type of route, a description of the circumstances, place and causes, information on police action, the period of incapacity for work and the witnesses' details. Describe the route precisely, along with every break on the way and its reason.
4. The employer establishes the circumstances. Recognition of the event as an accident on the way is based on the statement of the injured person, a family member or witnesses, information from the authorities investigating the event or the people giving first aid, and the findings of the person drawing up the card. The circumstances are established by the employer, not by an accident investigation team (Article 57b(3) of the Pensions Act).
5. Collect the card within 14 days. The employer draws up the accident-on-the-way card no later than 14 days after notification, in two copies. You receive one. In the card the employer states whether the event is an accident on the way. A refusal to recognise it requires justification.
6. Keep an eye on the sickness benefits. For the time of incapacity for work as a result of an accident on the way, you keep the right to 100% sick pay for the first 33 days in a calendar year, and after the age of 50 for 14 days (Article 92 § 1(1)-(2) of the Labour Code). After that, ZUS or the employer pays sickness benefit at 100% of the assessment basis (Article 11(2)(3) of the Act of 25.06.1999 on cash benefits from social insurance in the event of sickness and maternity, hereinafter: the Sickness Benefits Act). Pass the card to the benefit payer, because without it the benefit will be calculated like an ordinary illness, i.e. 80%.
7. When the incapacity continues. The Pensions Act regulates accidents on the way in the provisions on the disability pension for incapacity for work. You apply to ZUS for a disability pension on the terms of that Act. This guide does not discuss the conditions for a disability pension.

Exceptions and caveats

• A break on the way. Quick shopping, collecting a child from nursery or a visit to a pharmacy are typical breaks justified by the needs of everyday life. A break that goes beyond that need, e.g. a social meeting lasting several hours, interrupts the way. The assessment belongs to the employer and, in the event of a dispute, to the court.
• No compensation from ZUS. One-off compensation and the other benefits under Article 6(1) of the Accident Insurance Act concern accidents at work and occupational diseases. After an accident on the way, you will receive 100% sickness benefit from ZUS and, with longer incapacity, benefits under the Pensions Act. You pursue claims against the person who caused the accident under civil law.
• No waiting period. Sickness benefit after an accident on the way is payable from the first day of insurance, without the 30-day waiting period (Article 4(3)(2) of the Sickness Benefits Act). This matters when the accident happened in the first month of a new job.
• After employment ends. If the contract ends during the illness, benefit for the period after employment ends is paid by ZUS, still at 100%, but for no longer than 91 days (Article 8(2), Article 11(2)). Details in the guide Sickness benefit after employment ends.
• A dispute over benefit. The decision on the right to benefit and its amount is issued by ZUS. You lodge an appeal within one month of service, via ZUS, to the district court (Article 477(8) § 2(1) and Article 477(9) § 1 of the Code of Civil Procedure, KPC). Who handles which matter is explained in the guide PIP, ZUS or labour court.

Example

Assumptions: an employee works from 8:00 to 16:00. Returning from work by bicycle along her usual route, she stopped for 10 minutes at a grocery shop on the way. After leaving the shop she was hit by a car on a pedestrian crossing. The police wrote a note. The employee has a sick note for 6 weeks. She has worked for this employer for 2 months.

1. Grocery shopping on the way is a break justified by the needs of everyday life, within the limits of that need, so the way was not interrupted. The cause is external (being hit), the event sudden. The event meets the definition under Article 57b(1).
2. The next day the employee sends the employer an e-mail describing the route, the time she left work, the break at the shop, the witness's details and information about the police note. She asks for an accident-on-the-way card to be drawn up.
3. The employer draws up the card within 14 days, recognises the event as an accident on the way and gives one copy to the employee.
4. For the first 33 days of sick leave, the employer pays 100% sick pay. For the remaining days the employee receives 100% sickness benefit. Her short service in the new job does not matter, because the waiting period does not apply.
5. One-off compensation from ZUS is not payable. The employee may pursue claims for the injury against the person who caused the accident under civil law.

Documents and deadlines

Frequently asked questions

Can the employer refuse to draw up the card?

The employer has a duty to establish the circumstances in the card (Article 57b(3)). It may state in it that the event is not an accident on the way, but it must justify this. A dispute over benefits is then decided by ZUS and the court.

Do I have to report an accident on the way to the PIP?

No. Notification of the District Labour Inspector concerns fatal, serious and collective accidents at work (Article 234 § 2 of the Labour Code), not accidents on the way.

Useful tools

• Accident at work report generator

Related guides

• Accident at work: what must the employer do and what rights does the injured employee have?
• How do you obtain one-off compensation from ZUS for an accident at work?
• Will I receive sickness benefit after my employment contract ends, and who will pay it?
• Can my employer see what my sick note (L4) is for?
• PIP, ZUS or labour court: who should you turn to with a problem at work?

Sources (documents in Polish)

• Ustawa z 17.12.1998 o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych, t.j. Dz.U. 2025 poz. 1749 (art. 57b)
• Rozporządzenie MPiPS z 24.12.2002 w sprawie szczegółowych zasad oraz trybu uznawania zdarzenia za wypadek w drodze do pracy lub z pracy, sposobu jego dokumentowania, wzoru karty wypadku w drodze do pracy lub z pracy oraz terminu jej sporządzania, t.j. Dz.U. 2013 poz. 924
• Kodeks pracy, t.j. Dz.U. 2026 poz. 1245 (art. 92)
• Ustawa z 25.06.1999 o świadczeniach pieniężnych z ubezpieczenia społecznego w razie choroby i macierzyństwa, t.j. Dz.U. 2026 poz. 854 (art. 4, 8, 11)
• Ustawa z 30.10.2002 o ubezpieczeniu społecznym z tytułu wypadków przy pracy i chorób zawodowych, t.j. Dz.U. 2025 poz. 1644 (art. 3, 5, 6)
• Kodeks postępowania cywilnego, t.j. Dz.U. 2026 poz. 468 (art. 477(8), 477(9))

Sources checked on 16 October 2026. Law as at 16 October 2026.

Change history

• 16 October 2026: First publication.