The court cannot declare an accident to be work-related, but can only verify the correctness of the determination of such a fact by the authorised bodies - SC GC

The authority to recognise an accident as work-related falls within the exclusive competence of the accident investigation commission (special commission), and this fact cannot be established in judicial proceedings.

The decision of the commission (special commission) and the relevant act may be challenged in court. In this case, the court must establish the presence or absence of violations in their preparation, including verifying the validity of the commission's recognition of the accident as related/unrelated to work, and make a decision accordingly.

This legal conclusion was made by the Grand Chamber of the Supreme Court in a case involving a claim for recognition of an accident as work-related.

According to the circumstances of the case, the plaintiff worked as a shift manager of a company's production service. He had an accident at the workplace. The accident was investigated by a special commission and an accident report was drawn up on the basis of a non-work-related accident, as the victim was moving on a belt conveyor not intended for the transport of people.

In upholding the claim, the courts of previous instances concluded that the accident was a work-related accident, as it occurred while the plaintiff was performing his employment duties, during his stay at the company's premises and during working hours.

Considering the case, the Grand Chamber of the Supreme Court noted that para. 12 of the Procedure for Investigation and Recording of Accidents, Occupational Diseases and Accidents at Work, approved by Resolution of the Cabinet of Ministers of Ukraine No. 337 dated 17 April 2019 (Procedure), establishes that a commission to investigate accidents and/or acute occupational diseases (poisonings) that are not subject to special investigation is formed at an enterprise (institution, organisation).

The commission (special commission) is obliged, in particular, to determine whether the accident and/or acute occupational disease (poisoning) is related to the workplace (para. 33 of the Procedure).

Hence, the Grand Chamber of the Supreme Court concluded that the exclusive competence of the accident investigation commission (special commission) includes the authority to determine whether an accident is work-related, and such a fact cannot be established by a court. It is the commission (special commission) that establishes the fact of a work-related or non-work-related accident.

The decision of the commission (special commission) and the relevant act may be challenged in court. In this case, the court must establish the presence or absence of violations in their preparation, including verifying the validity of the commission's recognition of the accident as related/unrelated to work, and make a decision accordingly.

The court is not empowered to establish or consider proven the fact of work-related or non-work-related accidents.

The Procedure sets out a list of grounds on which an accident is recognised as not work-related. At the same time, the disputed act of investigation (special investigation) of the accident did not specify any of the grounds for the fact that the accident was non-work-related.

The courts found that the plaintiff was on the territory of the mine when he was injured and had the right to move freely in any direction to perform his duties.

The commission did not refute the accident investigation report and indicated inadequate grounds to believe that the accident that occurred to the plaintiff was not work-related.

It follows that the courts of first instance and appeal reasonably concluded that the act on the investigation of the accident that occurred to the plaintiff should be cancelled, but made an erroneous conclusion that the accident could be recognised as work-related in court.

Resolution of the Grand Chamber of the Supreme Court of 22 May 2024 in case No. 227/2301/21 (proceedings No. 14-37цс24) - https://reyestr.court.gov.ua/Review/119493878.

This and other legal opinions of the Supreme Court are available in the Database of Legal Positions of the Supreme Court - https://lpd.court.gov.ua.