Direct contact to law firm
Berlin +49 30 88 03 59 0
Poznań / Warszawa +48 61 85 82 55 0
Berlin berlin@vonzanthier.com
Poznań / Warszawa poznan@vonzanthier.com
VON ZANTHIER & DACHOWSKI
Current articles
 

Investment and commercial law Accident insurance contribution and “hazardous conditions” - a business-friendly ruling of the Supreme Court in Poland

Core issue – when is an employee working under “hazardous conditions”?

The case concerned a company that corrected its ZUS IWA reports, declaring no employees were working under hazardous conditions. This correction followed the implementation of effective personal protective equipment (e.g. hearing protection), which reduced exposure below permissible limits.

ZUS challenged the correction, adopting a “workplace-based” approach: if harmful factors (such as noise) may occur at a given workplace, the employee should still be considered exposed—regardless of actual protection.

Courts’ position – actual risk matters, not theoretical exposure

Both lower courts and ultimately the Supreme Court rejected ZUS’s argument.

Key conclusions:

  • what matters is the employee’s actual exposure, not theoretical workplace conditions,
  • effective personal protective equipment eliminating exceedances means the employee is no longer working under hazardous conditions,
  • risk cannot be assigned automatically based solely on the nature of the workplace.

The Court emphasized that ZUS’s interpretation would detach the contribution level from actual occupational risk, contrary to the structure of the accident insurance system.

Key outcome: lower contributions through preventive measures

The Court clearly stated that eliminating risks (e.g., through personal protective equipment) reduces the level of risk and should result in a lower accident insurance contribution. Any opposite approach would be inconsistent with the system and economically unjustified.

The judgment is highly relevant in practice, as it limits the possibility of inflated contributions imposed by ZUS, strengthens the position of contributors, and confirms that investments in occupational health and safety translate into tangible financial benefits.

For businesses, this means that the way employees are reported in ZUS IWA should be carefully reviewed. Where effective protective measures have been implemented, it may be appropriate to correct previously reported data if it does not reflect the actual level of risk.

Our support

The VON ZANTHIER & DACHOWSKI team offers support in verifying the correctness of accident insurance contribution calculations, identifying potential errors, and exploring opportunities for cost reduction. We analyze ZUS IWA data and assess whether optimization is possible. Please feel free to contact us to discuss your situation.

You may also be interested in these articles:

current, Investment and commercial law
06.08.2026

SP. Z O.O. EXPLAINED – MEANING, LEGAL FORM, DIFFERENCES FROM GMBH

A limited liability company (sp. z o.o.) is a business form that continues to enjoy enduring popularity in Poland among both new and experienced entrepreneurs. Thanks to the advantageous combination of limited liability for shareholders and relatively low entry barriers, a sp. z o.o. offers an attractive alternative to other types of companies and sole proprietorships.

Read article
current, Labour law and HR
06.08.2026

6 months to implement new obligations. Which employers will need a new internal policy?

The amendment to the Labour Code introduces a comprehensive obligation for employers with at least 10 employees to regulate how they prevent mobbing, discrimination and violations of personal rights. Employers will have 6 months from the entry into force of the act to adapt their internal documentation.

Read article
current, Investments in renewable energies
20.07.2026

Energy mix in Poland and Germany: differences and opportunities for investors

Comparing the energy mix of Poland and Germany helps investors realistically assess emission intensity, price risk and grid connection realities, and to design an appropriate ESG and energy procurement strategy. A concise map of the differences and similarities increases the robustness of business models and enables targeted use of local opportunities.

Read article