Judgment in the case womenLook how the case ended.
The Lublin District Court ruled that a woman don't have to return the amount of over PLN 60 thousand that ZUS requested as an unduly collected sickness benefit. The Court of First Instance considered that the obligation to reimburse only concerns benefits unduly received and that the woman did not knowingly mislead the pension authority.
The Supreme Court points out that "exhaustive factual findings must be made concerning the state of consciousness of the rightholder" and the grounds for conscious misleading.
In other judgments, the courts amended the decisions of the Social Security Office and granted the right to retain the sickness benefit if the person proved that he did not infringe the rules of the L4 or acted deliberately to the detriment of the social security fund.
In a loud case, a woman who during L4 She was taking dinner to her husband., was called upon by ZUS to return 60 thousand PLN benefitShe's been given. Reason? ‘Use exemptions medical in a manner incompatible with his intended purpose, that is to say, performing activities requiring physical fitness and leaving the place of residence without consent" – explained one of the people who knew the case in a media interview.
What activities are not permitted during L4?
The Social Insurance Institution clearly indicates that L4 must not:
- take up paid work,
- perform intensive housework such as renovations or gardening,
- leave the house without being forbidden by the doctor and without reporting it to the Social Security Office,
- engage in activities that may impede treatment.
"Infringement of these rules may result in a claim for reimbursement of benefits paid and financial sanctions" - observes the social security expert in the interview for Money.pl.
Consequences of misuse of the exemption
In this case, ZUS stated that a woman "did not respect the rules exemptions a doctor, which led to an undue collection of the sickness benefit of PLN 60,000". As a result, she was ordered to return the money. This is one of the highest amounts imposed by the Social Insurance Institution in similar situations.
The ZUS expert adds: "The control of medical dismissals is increasing, and abuses result in sanctions that may also affect the employer".
How can you defend yourself against such a decision?
A person who receives a recovery order may appeal the decision to the labour court. "In some cases, the courts favored patients when they proved that the actions taken during the L4 were aimed at improving health," says a labour law lawyer.
However, it is crucial to document what activities have been performed and whether they have been prescribed by a doctor. "No notification of departure or departure from the place of residence without the consent of the Social Insurance Institution is a serious deficiency," the experts emphasize.
