Workplace Accidents: Legal Compensation for Lost Earnings
Workplace accidents present not only a health risk but also a financial burden for employees. In cases of long-term sickness, employees often rely on sickness benefits, which, however, do not cover the full salary they were receiving from their employer before the workplace accident. If you are injured at work, you are entitled to compensation for lost earnings, which should cover the difference between the sickness benefits you are receiving and the amount you would typically earn from your employer if the accident had not occurred. Let’s explore what this claim includes, how it is calculated, and how to properly claim it.
What is Compensation for Lost Earnings After a Workplace Accident?
As a result of a workplace injury or an occupational disease, you may be unable to perform your job. The key condition for claiming compensation is the existence of a health barrier caused by the workplace accident, which prevents you from carrying out your work in the usual manner.
Compensation for lost earnings during your sick leave is a financial compensation provided by the employer. As outlined above, it compensates the salary you would have earned had the accident not occurred. This compensation is designed to cover the difference between the employee's normal income and the sickness benefits they are receiving during their absence from work.
Legal Regulation of Compensation for Lost Earnings Due to a Workplace Injury
The entitlement to compensation for lost earnings is established in the Labor Code (Act No. 262/2006 Coll.). This entitlement arises from the first day of temporary incapacity to work caused by a workplace injury or occupational disease. It is important to note that during sick leave, employees only receive sickness benefits, which do not cover the earnings that the employee would normally have earned.
Calculation of Compensation for Lost Earnings Due to a Workplace Injury
The amount an employee would have earned is a hypothetical figure. Therefore, the law uses the concept of the average income for such cases. The employee’s average monthly earnings during the reference period (usually the preceding quarter) are taken into account. The compensation is calculated as the difference between the employee's average earnings before the injury and the full compensation for wages, salary, or remuneration, and the amount of sickness benefits received during the period of incapacity. In simple terms:
Compensation = average earnings before the injury - (received wage compensation + sickness benefits)
The key point is that the total amount the employee should receive during the period of incapacity (the sum of wage compensation, sickness benefits, and compensation for lost earnings) should match their average earnings before the injury. Frequently, employers deny the occurrence of a workplace injury and, consequently, the associated entitlement to wage compensation. Unfortunately, as an employee without expert assistance (such as ours), it can be very difficult to assert your compensation claims for a workplace injury.
Duration of Wage Compensation After a Workplace Injury
Compensation for lost earnings is provided throughout the entire period of temporary incapacity caused by a workplace injury or occupational disease. The entitlement to compensation remains even if the employment relationship with the employer has ended.
Even if the employer has not paid wage compensation during the sick leave, you can claim the unpaid amounts retroactively. This forms part of your rights associated with the workplace injury, which we can help you enforce.
Claiming Wage Compensation
The entitlement arises only if you can prove that the workplace injury actually occurred. To successfully claim compensation for lost earnings, the following steps are necessary:
Immediately report the workplace injury to the employer after its occurrence.
Obtain a medical certificate confirming that the incapacity to work is related to the workplace injury.
Submit a written request to the employer for compensation for lost earnings.
Provide proof of the sickness benefits received (if necessary).
The employer should then submit the claim to the insurance company. However, it often happens that the employer challenges the claim, and you may need to seek assistance from someone who can help you pursue your entitlement.
Common Problems Related to Wage Compensation
Employer’s Denial of the Claim
If the employer refuses to acknowledge the workplace injury or pay compensation, the employee can contact:
Labor Inspectorate – improper recording of a workplace injury may be considered an offense under employment law (with potential fines). However, this may not always help enforce your rights (and may sometimes worsen the situation).
Out-of-Court Settlement – if your rights and claims are properly asserted and documented, the situation may be resolved through an out-of-court settlement.
Court (Civil Legal Dispute) – if you are not satisfied with the outcome, you have the right (either independently or through our assistance) to seek judicial enforcement of your rights related to the workplace injury.
Trade Union, if one is established at your workplace.
Statute of Limitations
Be aware of the limitation period! The right to compensation for lost earnings is subject to the statute of limitations, just like any other monetary claim. Remember that wage compensation is a gradually arising entitlement, and each monthly wage compensation claim is subject to its own limitation period.
Employee Legal Advice
Compensation for lost earnings during sick leave is an essential tool for protecting employees. Properly asserting this claim can significantly mitigate the financial impacts of a workplace injury. Employees should be aware of their rights and not hesitate to enforce them if the employer denies compensation.
In case of doubts or disputes, it is advisable to consult a lawyer specializing in labor law or a trade union, which can provide support when negotiating with the employer.
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In the event of a workplace accident, the damage is often not limited to personal injury. Damaged watches, broken mobile phones, or destroyed clothing can impose an additional financial burden in what is already a complex situation. As an employee, you have the right to compensation for damage to your personal belongings in connection with a workplace injury—and in this article, we will explain how to effectively assert this right.
Workplace Injury and Permanent Consequences as an Impact on Employee Health. What Are the Claims for Workplace Injury Compensation? More in Our Article.
Workplace injuries can affect an employee's life not only in terms of health but also financially, with consequences that extend over a longer time horizon. The result may be a prolonged impairment of the employee's work capacity. Initially, the employee operates under the regime of temporary incapacity for work.
Part of the work performance is the arrangement of a regular workplace. This refers to the determination of the location where the employee is to perform work for the employer according to the contract. However, situations may arise in the work process where the employer needs the employee to perform a certain task outside of the agreed workplace. This may involve the need to secure a work task, negotiate a contract, or otherwise represent the employer in a location different from the usual workplace. A deployment outside the regular workplace is referred to as a business trip. In this context, the employee has several statutory entitlements that help cover expenses and compensate for the time spent away from the usual workplace.
O vaše práva zaměstnance se stará Advokátní kancelář Ing. Mgr. Ladislav Šmarda, se sídlem v Olomouci a Praze, ČAK 18060
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