ZUS checks during medical release may lead to unexpected complications. Recently, the case of Mrs. Aneta from the Kujawsko-Pomeranian Voivodeship, whose sick allowance was received after the ZUS controllers found her in the office. This communicative shows how crucial it is to decently paper and defend your rights in the face of specified controls. Here are the details of the case and the amazing finale of the trial.
How did Control happen?
Mrs. Aneta is engaged in the business of selling fertilizers and plant protection products. After the accident last May, which caused the shoulder injury, she decided not to release until October, due to the highest of the period at the company. The doctor issued L4 to her by the end of March 2024.
However, in October, as shortly as the release began, the ZUS controllers knocked on the door of Mrs. Aneta's office. Pretending to be clients, they entered the office, even though there was a sign on the door that said he was inactive. Mrs. Aneta was in the office to check the position of a valid taxation transfer, due to the fact that only she had access to the company's electronic finances.
ZUS Decision and Aneta's Response
Already in early November, ZUS decided to collect Ms Aneta's sick allowance for the full period of her dismissal, claiming that she was doing a paid occupation during L4. Ms. Aneta was convinced of her innocence and decided to appeal this decision to the Labour Court in Toruń.
Surprising Final Cases in the Court
In fresh days the Toruń portal recently informed about the judgement of the court which changed the decision of ZUS. The court concluded that Mrs. Aneta did not break the rules on the correct usage of sickness benefit. During the release, she limited her professional activity and did not meet with clients. The Court found that only the verification of the transfer position did not constitute a breach of the rules on the usage of L4.
What does judgement mean to Mrs. Aneta?
On the basis of her court judgment, Mrs. Aneta has regained her entitlement to sickness benefit for the full period of her dismissal. Moreover, ZUS is besides obliged to reimburse the costs of legal proceedings and interest. This judgement is an crucial example of how crucial it is to paper your actions and defend your rights in the face of the control of the Social safety Office.
What should you know?
- Exemption documentation: It is crucial to accurately paper any medical release activities. Even occasional acts can be interpreted differently, so it is worth having everything well documented.
- Control of ZUS: ZUS has the right to carry out checks at the time of medical release, but any decision should be clearly justified and in accordance with the law.
- Appeal against the decision: In the case of controversial decisions of ZUS, it is worth to exercise the right to appeal to the labour court. The appropriate presentation of evidence and arguments may alter the result of the case.
Ms Aneta's case shows how crucial it is to realize her rights and to prepare for possible ZUS checks. Despite the first problems with the sickness benefit received, the court managed to recover the benefits due and reimburse the costs of the proceedings. The Social Insurance Institution must bear in head the accuracy and reliability of the decision-making process and those benefiting from a medical exemption should take care to paper their activities in detail.
Continued here:
ZUS began inspections of houses and apartments. He's on sick leave.
