Workplace Accident | Ziamparas Law Firm

Q: What civil claims may the employee or his relatives bring?

Claims for pecuniary compensation for moral damages or mental anguish (Articles 914, 922, 928, 932 AK) and for damages for lost profits and hospitalisation expenses. Law 551/1915 also applies. Amounts may reach hundreds of thousands of euros. The defence is based on absence of fault, contributory fault of the employee, or fortuitous event.

Q: Does civil-liability insurance cover the employee's claims?

With an employer's civil-liability policy, the insurer assumes compensation up to the cover limit. Gross negligence, wilful misconduct, safety breaches and uninsured staff are usually excluded. Criminal liability is NOT covered. Review of policy terms by a lawyer and coordination with the insurer are necessary.

Q: How can the employer prove that he bore no liability?

By proving compliance with Law 3850/2010 measures: written risk assessment, safety officer, occupational physician, training, PPE, accident book. Documentary evidence is important. Contributory fault by an employee who breached instructions reduces or excludes liability. Witness statements and expert reports are decisive.

Q: What does the employer risk in a Labour Inspectorate audit?

Acts imposing administrative fines from hundreds to hundreds of thousands of euros per breach, and temporary or definitive cessation of operation. The report is used by the employee in criminal and civil proceedings. Avoidance of spontaneous declarations and timely objection against the fine act are critical.

Q: What is the role of the lawyer in defending the employer?

Strategy on three levels: criminal (Articles 302/314 PK), civil (refutation of action, coordination with insurer) and administrative (objection against Inspectorate, petition before the Administrative Courts). Advice on immediate measures: timely reporting, preservation of evidence, witnesses. Timely intervention allows extra-judicial settlement.

What is a workplace accident?

There is no precise definition of a workplace accident in Greek legislation on Occupational Safety and Health. In general, case law characterises as a workplace accident the death or incapacity for work of the insured person caused by a violent incident which occurred during the performance of the work or because of it (and during the employee’s commute to the place of work or return home). Furthermore, under social-insurance legislation and specifically Circular No. 45/24.6.2010 of IKA, a workplace accident is defined as: “The death or incapacity for work of the employee caused by a violent incident which occurred during the performance of the work or because of it.” For this reason, insurance practice and, mainly, the case law of the courts have specified the cases in which, under certain conditions, an accident may be characterised as a workplace accident.

Options available to the employee in a workplace accident

The employee may claim pecuniary compensation for moral damages under the provisions of civil law, provided that the accident is due to the fault of the employer or of persons engaged by the employer. Such fault here consists in the negligent failure to take the measures necessary to safeguard the health and life of the employee. In the same manner, in the event of a fatal workplace accident, the relatives of the deceased may claim pecuniary compensation for their mental anguish. Of course, where neither the employer nor the person engaged by the employer is at fault, but the accident is due to a fortuitous event or to the exclusive fault of the employee, no pecuniary compensation is due. Finally, the employee is entitled to medical and hospital care, as well as to sick leave and sickness benefit.

Obligation to Report a Workplace Accident

The employer is obliged to report to the competent Labour Inspectorates, to the nearest police authorities and to the competent services of the social-insurance organisation to which the employee belongs, within 24 hours, all workplace accidents and, where serious injury or death is involved, to keep unaltered all elements which may serve to ascertain the causes of the accident. Relevant legislation: Article 43, paragraph 2, of Law 3850/2010.

The employer may report the accident through the website of the SEPE (Labour Inspectorate), using the electronic services, or by sending an email or by physical attendance at the competent service (Department of Inspection of Safety and Health at Work). https://apps.sepenet.gr/portal/

Obligation to Keep a Workplace Accidents Book

The employer must keep a special accident book in which the causes and a description of the accident are recorded, and must make it available to the competent authorities. The measures taken to prevent the recurrence of similar incidents are recorded in the special book referred to in Articles 14 and 17 of Law 3850/2010. Relevant legislation: Article 43, paragraph 2b of Law 3850/2010.

Obligation to Keep a List of Workplace Accidents

The employer must keep a list of workplace accidents which resulted in incapacity for work of the employee for more than three working days. Relevant legislation: Article 43, paragraph 2 of Law 3850/2010.

Work-related illness – Obligation to Report

Occupational illness is defined in two different ways:
a) Under the definition given by medical science, occupational illness is a disease related to the type of risks to which the sufferer was exposed because of his work. It is any disease which can demonstrably, on the basis of medical criteria, be attributed to the type of work and to the risks to which the employee has been exposed because of the work.
b) The second definition is based on the social-insurance reality applicable in each country. That is, occupational illness is a disease recognised as such by the applicable social-insurance system, under the terms and limitations which it imposes from time to time.

In Greece, the occupational physician is required to report, through the undertaking, to the Labour Inspectorate any work-related illnesses of employees. Relevant legislation: Law 3850/2010, Articles 18 & 19; “Introduction to the Basic Concepts of OSH” of No. oik. 48416/2564, Government Gazette 3757 B’/25.10.2017; Articles 8 & 34 of Emergency Law 1846/51, Government Gazette 179/A/1-8-1951;
“On the Replacement of Article 40 of the IKA Sickness Regulation”, Government Gazette 132/B/12.2.1979; Presidential Decree 41/2012.

See also the article Termination of Employment Contract
See also the article Severance Pay
See also the article Modification of Terms of Employment
See also the article Withholding of Labour
See also the article Annual Statutory Leave
See also the article Employee Remuneration
See also the article Additional Work – Overtime
See also the article Employer Obligations

FREQUENTLY ASKED QUESTIONS ON WORKPLACE ACCIDENTS

1. What criminal liability does the employer face following a workplace accident?

The employer risks criminal prosecution for bodily harm by negligence (Article 314 of the Penal Code (PK)) or manslaughter by negligence (Article 302 PK) in the event of a fatal accident. In addition, prosecution may be brought for breach of the provisions of Law 3850/2010 on health and safety at work, particularly where a failure to take protective measures is established. The penalties range from a monetary penalty to imprisonment for several years, depending on severity. A critical element is whether negligence is proved, the causal link, and any contributory fault on the part of the employee. Timely instruction of a lawyer is decisive for the line of defence.

2. What civil claims may the employee or his relatives bring?

The employee or his relatives (in the case of a fatal accident) may claim pecuniary compensation for moral damages or mental anguish on the basis of Articles 914, 922, 928 and 932 of the Civil Code (AK), as well as damages for lost profits and hospitalisation expenses. In parallel, Law 551/1915, which provides for special compensation, also applies. The amounts may run to tens or even hundreds of thousands of euros, particularly in cases of permanent disability or death. This claim is examined independently of the benefits provided by the social-insurance institution. The employer’s defence focuses on the absence of fault, the contributory fault of the employee, or the fortuitous nature of the event.

3. Does civil-liability insurance cover the employee’s claims?

Where the employer holds an employer’s civil-liability insurance policy, the insurance company will, as a rule, assume liability for compensation to the employee up to the cover limit. However, cover is not always full: cases of gross negligence, wilful misconduct, breach of safety provisions or employment of uninsured staff are usually excluded. Furthermore, the employer’s criminal liability is NOT covered by any insurance. It is advisable for the policy terms to be reviewed by a lawyer, so that the employer knows from the outset whether and to what extent he will be required to cover the claims personally. Coordination with the insurer is critical to court strategy.

4. How can the employer prove that he bore no liability?

The defence is based on proving that all the safety measures provided for in Law 3850/2010 were observed: written occupational risk assessment, appointment of a safety officer and occupational physician, training of staff, provision of personal protective equipment, and maintenance of the special accident book. The collection of documentary evidence is important (signed instructions, PPE delivery slips, training attendance lists). In addition, contributory fault on the part of the employee, who breached express instructions or used tools arbitrarily, reduces or excludes the employer’s liability. Witness statements from colleagues and expert reports are often decisive.

5. What does the employer risk in a Labour Inspectorate audit?

The Labour Inspectorate, following an accident, conducts an ex officio audit, draws up a report and issues an act imposing administrative fines from hundreds to hundreds of thousands of euros per breach, depending on severity and recurrence. In serious cases, temporary or definitive cessation of operation of the undertaking or part of it is ordered. The Inspectorate’s report may be relied upon by the employee in both criminal and civil proceedings. It is critical that the employer should not make spontaneous declarations or sign documents without legal advice and should file a timely objection against the act imposing the fine.

6. What is the role of the lawyer in defending the employer?

The lawyer assumes an overall strategy on three levels: criminal (defence statement, memoranda to the public prosecutor, courtroom representation for Articles 302/314 PK), civil (refutation of the action for damages, coordination with the insurer, invocation of contributory fault) and administrative (objection against acts of the Labour Inspectorate, petition before the Administrative Courts). At the same time, the lawyer advises on immediate measures right after the accident: proper reporting to the Inspectorate within the prescribed time limits, preservation of evidence, recording of witnesses, and communication with the relatives. Timely intervention often prevents escalation and allows extra-judicial settlement on more favourable terms.