Workplace Accident in Denmark: Who Is Liable and What Steps Must a Polish Agency Take in 2026

A workplace accident on a Danish construction site is one of the most legally complex situations a Polish staffing agency can face. The moment an injury occurs, two separate legal systems are activated simultaneously: Danish occupational safety law governed by Arbejdstilsynet (the Danish Working Environment Authority) and Polish social insurance obligations administered by ZUS. Getting the response wrong in the first hours can expose an agency to significant liability on both sides of the border. This guide walks through every step an agency must take in 2026, from the first phone call to the final archived document.

Step 1: Establish Who Is Legally Responsible

Before any paperwork is filed, the agency must understand how Danish law allocates responsibility when a posted worker is injured. Under Danish working environment legislation, the user undertaking, the Danish construction company that directs the worker's daily tasks, bears primary responsibility for the physical safety of the site. However, the Polish staffing agency, as the formal employer, retains parallel obligations, particularly regarding insurance, documentation, and notification of Polish authorities.

This dual responsibility is not a grey area. Arbejdstilsynet has consistently held that both the hiring company and the agency can be found in breach of the Working Environment Act if safety standards were not met. For agencies operating under a vikarbureau structure, the contractual division of duties between the agency and the Danish client is critical. If your agency has not yet reviewed its client contracts in light of current Danish rules, the article on Vikarbureau w Danii: Legal Contracts with Danish Clients 2026 explains how these agreements should be drafted to protect both parties.

Step 2: Gather the Required Documents Immediately

Time is the enemy after an accident. Danish law requires that serious accidents, those resulting in death, hospitalisation, or permanent injury, be reported to Arbejdstilsynet without undue delay. The agency must collect a specific set of documents before any report is submitted.

These documents include: a written incident description prepared as soon as possible after the event, the worker's employment contract, proof of registration with the Danish RUT register (Register of Foreign Service Providers), the worker's work schedule for the day of the accident, and any safety induction records showing the worker received site-specific training. For agencies that send workers to Danish sites regularly, maintaining these records in an accessible format is not optional. The obligations around time and attendance records are explained in detail in the guide on Archiving Work Time Records Under LOV 89: 2026 Guide, which is directly relevant here because Arbejdstilsynet inspectors frequently request time records when investigating accidents.

Step 3: Report to Arbejdstilsynet

Serious workplace accidents must be reported through the official Arbejdstilsynet portal at at.dk. The report must describe the circumstances of the accident, the nature of the injury, the worker's role, and the measures taken immediately after the incident. Arbejdstilsynet may follow up with an on-site inspection, and the agency should be prepared to cooperate fully and provide all documentation gathered in Step 2.

Consider a hypothetical example: an agency employing workers on a Copenhagen renovation project might receive a call that one of its workers has fallen from scaffolding and been taken to hospital. The agency's first call should be to the Danish site manager to confirm the facts, the second to its own legal counsel, and the third to initiate the Arbejdstilsynet report. Waiting until the following business day is not acceptable under Danish rules for serious injuries.

Step 4: Notify Polish Authorities and ZUS

Simultaneously, the Polish agency must fulfil its obligations under Polish law. The worker, even while posted abroad, typically remains subject to Polish social insurance if the agency holds an A1 certificate confirming continued coverage under Polish ZUS. An accident abroad that results in injury or incapacity must be documented using the Polish accident protocol (protokół powypadkowy) as required under the Polish Labour Code (Kodeks Pracy) and the relevant regulations on occupational accidents.

The ZUS accident benefit process requires the agency to prepare this protocol within the statutory timeframe and submit it together with medical documentation. Failure to do so can delay the worker's access to benefits and expose the agency to complaints before the Polish Labour Inspectorate (PIP). Detailed guidance on ZUS obligations for posted workers is available at zus.pl, and PIP's resources for employers can be found at pip.gov.pl.

Step 5: Support the Worker and Await the Outcome

An agency's legal obligations do not end with filing reports. The worker must be informed of their rights in a language they understand, including the right to claim benefits under both Danish and Polish systems where applicable. If the worker is a young person or student, additional protections apply. Agencies placing younger workers on construction sites should review the Polish Students on Danish Construction Sites: Agency Checklist 2026 to ensure compliance with the stricter rules that govern this group.

After the reports are filed, Arbejdstilsynet may issue an improvement notice or, in more serious cases, a prohibition notice halting work on the site. The agency should track these decisions and respond within the deadlines specified. On the Polish side, ZUS will assess the accident protocol and determine benefit entitlement. Both processes can take weeks or months, and the agency must maintain communication with the worker throughout.

Common Mistakes to Avoid

Agencies repeatedly make the same errors after construction site accidents. The most damaging is delay: assuming the Danish client will handle the Arbejdstilsynet report and doing nothing for several days. Another common mistake is failing to secure the worker's time records and training certificates immediately, only to discover they were not properly maintained. Agencies also sometimes neglect to prepare the Polish accident protocol because the accident happened abroad, incorrectly believing it is not required. Finally, some agencies fail to notify the worker's family or provide interpretation support, which can create both legal and reputational problems.

The practical advice for 2026 is straightforward: treat the first two hours after an accident as the most legally significant period. Assign a named person within your agency who is responsible for accident response, ensure that person knows the Arbejdstilsynet reporting portal, has access to all worker files, and understands the ZUS protocol requirements. Review your client contracts now, before an accident happens, to confirm that the division of safety responsibilities is explicit and enforceable. A clear process, prepared in advance, is the only reliable protection an agency has when things go wrong on a Danish construction site.