False reporting of a workplace accident in Poland and the significance of private correspondence with a supervisor

---

False reporting of a workplace accident in Poland

Workplace accident proceedings in Poland are intended to reliably establish the circumstances and causes of an incident and determine whether it meets the statutory requirements for classification as a workplace accident. In practice, however, situations arise in which employees provide false information about the circumstances of an incident or attempt to classify injuries sustained in other circumstances as workplace accidents.

Although Polish law does not provide for a single specific liability regime for falsely reporting a workplace accident, such conduct may have serious consequences under Polish labour law and, in certain cases, also under criminal law.

Liability under Polish labour law

An employee is required not only to report a workplace accident without delay, but also to cooperate with the employer in clarifying its circumstances. This obligation follows primarily from occupational health and safety regulations, under which employees are required to cooperate with their employer and supervisors in fulfilling occupational health and safety obligations.

Workplace accident proceedings require the actual course of events to be established. The employer is therefore entitled to expect both the employee concerned and witnesses to provide truthful information. Providing false information may hinder the determination of the causes of the accident, prevent appropriate preventive measures from being implemented and consequently expose the employer to further occupational safety risks.

False explanations provided by employees may be classified as a breach of their basic employment duties. In particular, the employer may invoke a breach of the duty to comply with occupational health and safety rules, to cooperate in the performance of workplace safety obligations or to act in the interests of the workplace.

Depending on the circumstances of the case, the employer may impose disciplinary penalties such as a warning or reprimand. If the employee’s conduct results in a loss of trust necessary for continued cooperation, it may also constitute a justified reason for terminating the employment contract with notice.

The most serious consequence may be termination of the employment contract without notice under Article 52 of the Polish Labour Code. However, this will only be possible if the employee’s conduct is considered a serious breach of their basic employment duties. Such an assessment always requires an analysis of the specific circumstances, including the degree of the employee’s fault, the purpose of their actions and the consequences caused by the false information.

Importantly, any inconsistency between the employee’s explanation and the actual course of events must be proven. Mere suspicion on the part of the employer is not sufficient to impose sanctions on the employee.

Criminal liability under Polish law

Contrary to what might be assumed, providing false explanations during workplace accident proceedings does not automatically result in liability for giving false testimony.

The offence defined in Article 233 of the Polish Criminal Code concerns giving false testimony in proceedings conducted under provisions allowing a witness to be warned of criminal liability. Proceedings conducted by a workplace accident investigation team do not meet these conditions. Neither the Polish Labour Code nor the regulations governing workplace accident proceedings provide for employees to be warned of criminal liability for providing false explanations. Consequently, merely providing false information during such proceedings does not, as a rule, constitute the offence specified in Article 233 of the Polish Criminal Code.

This does not mean, however, that the employee cannot face criminal liability. If the false information is intended to obtain benefits to which the employee is not entitled, the employee may be liable for fraud.

This may occur, for example, where an employee deliberately misleads the employer or the Social Insurance Institution (ZUS) about whether a workplace accident occurred, leading to the payment of workplace accident insurance benefits or other amounts. In such a case, the conduct may be classified as fraud under Article 286 of the Polish Criminal Code, punishable by imprisonment from 6 months to 8 years.

What about liability for a petty offence?

Article 283 § 2(6) of the Polish Labour Code provides for a sanction for presenting false information, evidence or documents concerning workplace accidents.

However, this provision is primarily addressed to entities responsible for reporting and documenting workplace accidents, which generally means the employer or persons acting on the employer’s behalf. They are responsible for notifying the competent Polish authorities of certain categories of workplace accidents.

As a result, it is generally accepted that an employee who provides false explanations during workplace accident proceedings is not, as a rule, liable for a petty offence under this provision.

An attempt to present a fictitious workplace accident or distort the actual course of events may therefore have consequences extending far beyond the refusal to pay benefits. Depending on the circumstances, the employee may face disciplinary liability, loss of employment or even criminal liability for fraud.

---

Can private messages between an employee and a supervisor be used in a Polish labour court?

Work-related communication increasingly takes place outside company email or Microsoft Teams. Managers create groups on WhatsApp, Messenger or Signal, while work-related arrangements are made in private conversations. This raises the question: can such correspondence be used before a Polish labour court?

Private messages may be used as evidence

Under Article 248 § 1 of the Polish Code of Civil Procedure, any person may be ordered by a court to produce a document relevant to the resolution of a case. Importantly, the concept of a document is very broad and also covers text messages and communication conducted through popular messaging applications.

In practice, this means that private correspondence between an employee and a supervisor may be assessed by a Polish labour court if it concerns employment-related matters. This applies in particular to matters involving:

• the performance of employment duties,
• the issuing of work-related instructions,
• working time,
• workplace bullying or discrimination,
• termination of employment,
• infringement of personal rights,
• arrangements concerning employment conditions.

If the employee is a participant in the conversation or the recipient of a message, they may generally submit such correspondence as evidence in proceedings.

Can a manager communicate with the team via WhatsApp or Messenger in Poland?

Polish labour law does not prohibit the use of private messaging applications for work-related purposes. There is also no obligation to conduct communication exclusively through company email or designated tools such as Microsoft Teams.

However, it should be remembered that the employer is responsible for organising work and may define the communication rules applicable within the organisation. Internal regulations may therefore:

• permit the use of specific messaging applications,
• restrict their use,
• designate a specific channel as the only appropriate means of issuing work-related instructions.

A breach of such rules may, in certain cases, be regarded as a breach of an employee’s or manager’s duties.

Key risks for employers in Poland

Although the use of private messaging applications is permitted, it involves a number of legal and organisational risks.

GDPR and control over data

Where communication takes place through private applications, the employer often loses control over the processing of personal data. Issues may include:

• storing data on private devices,
• the inability to apply data retention policies,
• difficulties in complying with obligations under the General Data Protection Regulation (GDPR),
• an increased risk of unauthorised disclosure of information.

Protection of trade secrets

Messaging applications are frequently used to share information constituting trade secrets. Unauthorised disclosure of such information may result in consequences under the Polish Act on Combating Unfair Competition.

What happens before a Polish labour court?

In practice, a Polish labour court may analyse private correspondence in considerable detail. If the messages are relevant to resolving the dispute, they may be read out or quoted during the hearing, while witnesses may be questioned about specific wording used in conversations. This also applies to emotional or offensive statements if they are relevant to assessing the circumstances of the case.

Can an employer in Poland read an employee’s private correspondence?

As a rule, no. An employee’s private correspondence is protected by the constitutional secrecy of communications as well as provisions protecting personal rights and employee dignity.

The mere fact that a message is stored on company equipment does not give the employer an unrestricted right to access its content. Correspondence of a private nature is afforded particular protection.

What consequences may an employer face under Polish law?

Unlawfully obtaining access to an employee’s private correspondence may result in serious consequences:

• criminal liability under Article 267 of the Polish Criminal Code,
• civil liability for infringement of personal rights.

Conclusions

Messages exchanged between an employee and a supervisor may become fully admissible evidence in an employment dispute before a Polish labour court, even if they were sent outside official communication channels. From the employer’s perspective, it is therefore advisable to establish clear rules for work-related communication and limit important professional arrangements made through private applications. This makes it easier to manage evidentiary risks, personal data protection and the confidentiality of company information.

---

***