The conception of social risk in Polish social insurance law

Abstract

The outline of the concept of social risk in Polish social insurance law has been created using the American (economic) approach toward insurance risk theory that perceives this term in a category of a risk, regarded as a cause of real incidents. As a consequence, the idea of insurance protection is reduced to possessing mental comfort (a feeling of material safety) ensured by the sheer fact of being insured, therefore assuming and bearing risk by the social insurance authority, and not possible payment of benefits, is considered a mutual contribution for unconditionally paid social insurance premiums. Having the aforementioned in mind, the social risk should be examined not in relation to fulfilment of needs which takes place when the risk is materialized (the pecuniary contribution theory), but in a context of providing an insurance guarantee “in case” particular events occur (risk bearing theory).