Workplace Injury and Permanent Consequences: A Guide to Legal Rights and Compensation under Czech Labor Law
A workplace injury is an impact on an employee's health that occurs in connection with the performance of their duties for an employer. The damage to health may be temporary, but in some cases, long-term or even irreversible health impacts may occur. Workplace injuries and the permanent consequences associated with them must be compensated by the employer. Knowledge of employees’ rights and procedures for compensation is therefore essential to ensure fair compensation. This article will guide you through the issue of workplace injuries with permanent consequences from the perspective of Czech labor law.
According to the Labor Code, a workplace injury is defined as damage to an employee’s health or death, provided it occurred independently of the employee’s will due to short-term, sudden, and violent external influences during the performance of work tasks or in direct connection with them.
A workplace injury and its permanent consequences may not only occur in the main areas of the employer’s premises. Damage to the employee’s health must occur in connection with performing work tasks, regardless of the location of the injury. A workplace injury is also considered an injury sustained:
While commuting to and from work, if it was ordered or approved by the employer (e.g., a business trip),
During training related to work performance,
While eating in the employer’s premises,
While performing work in locations designated by the employer (e.g., at a client’s site where the employee performs work).
By law, an employer is responsible for any damage caused to an employee due to a workplace injury. However, the damage must have occurred while performing work tasks or in direct connection with them. This liability is objective, meaning the employer is liable regardless of whether they violated a legal duty or caused the injury. Even if it is proven that the injury occurred while performing work tasks, the employee must also prove that the permanent consequences stem from the workplace injury.
Employees must comply with the Labor Code and occupational health and safety regulations while performing work tasks. If an employee fails to fulfill their duties, it may negatively affect their ability to obtain compensation for workplace injuries and permanent consequences. The employer may be released from responsibility, either fully or partially:
If the employee violated safety regulations they were properly informed of,
If the employee was under the influence of alcohol or other addictive substances,
If the damage occurred solely due to the employee’s own actions.
If a workplace injury leaves permanent consequences, the employee is entitled to compensation similar to other workplace injuries. The difference lies in the amount of compensation for each item related to the workplace injury (more details here). This amount significantly differs depending on the extent of the health impact and will largely be based on medical reports and expert opinions regarding the compensation amount.
Compensation for Loss of Earnings Due to Injury:
Compensation for earnings loss during incapacity to work: The difference between the average earnings before the injury and the sickness benefits.
Compensation for earnings loss after incapacity to work: If the employee cannot perform their previous job due to the consequences of the injury or can only work with limitations, they are entitled to compensation for the difference between their average earnings before the injury and their earnings after the injury.
Disability of the Employee and State Budget Contributions (more details here)
Compensation for Pain from the Injury
Pain compensation: A lump-sum payment for the pain caused by the injury, treatment, and the removal of its consequences. The pain suffered in cases of workplace injuries with permanent consequences is usually more intense than in other cases (more details here).
Compensation for Impairment of Social Integration
Compensation for impairment of social integration is a lump-sum amount compensating for permanent health consequences that limit participation in life, including professional, family, social, and sports activities. Compensation for workplace injuries with permanent consequences is usually the most significant item. Focus on providing complete health records (more details here).
Compensation for Reasonable Medical Expenses
These are costs not covered by health insurance (e.g., premium medical devices, medicines, rehabilitation). Employees often incur additional expenses related to recovering their health after a workplace injury. Don’t forget that these costs are part of the workplace injury compensation for employees.
Compensation for Property Damage from Workplace Injury
This includes damage to items that were harmed in connection with the workplace injury (e.g., clothing, watches, glasses). In some specific cases, this item can be significant. If you become the victim of a traffic accident while performing your work duties, you can seek compensation for the resulting damage.
Severance Pay for Employees in Case of Workplace Injury
A workplace injury with permanent consequences often affects your ability to continue performing your usual work. In these cases, the employer must offer the employee a transfer to a different position (if it matches their professional qualifications). However, employers more frequently choose to terminate the employment contract due to the permanent consequences of the workplace injury. As an employee, you are entitled to severance pay of up to 12 times the average earnings in such a case (more details here).
Immediate Reporting of the Injury to the Employer:
The employee should immediately report the injury to their supervisor or another representative of the employer.
Securing Witnesses:
It is advisable to secure witnesses to the injury for future proof.
Documenting the Injury:
The employer is required to document the injury no later than 5 working days after the report is made.
Medical Examination and Treatment:
The employee should seek medical help and undergo all necessary examinations and treatment.
Assessment of Pain and Impairment of Social Integration:
The assessment is carried out by the treating physician based on a point system according to the relevant regulation.
Filing the Claim with the Employer:
The employee should submit a written claim for compensation to the employer, ideally with the assistance of a lawyer specializing in labor law.
Dealing with the Insurance Company:
Most claims are handled by the insurance company with which the employer has contracted statutory insurance for workplace injury liability.
Possible Court Proceedings:
If an agreement on compensation is not reached, the employee can file a lawsuit in court.
Focus on Prevention: Follow safety regulations and use personal protective equipment.
Don’t Underestimate Any Injury: Even seemingly minor injuries may have serious long-term consequences.
Document Everything: Keep copies of all documents related to the injury, treatment, and dealings with the employer or the insurance company.
Seek Professional Help: Consult with a lawyer specializing in labor law or a trade union representative.
Do Not Sign Documents Hastily: Before signing any document regarding compensation, take time to review it, and if necessary, consult with a lawyer.
Permanent consequences from a workplace injury can significantly affect the employee’s quality of life and their family’s well-being. Knowledge of your rights and the proper steps in filing compensation claims is crucial to ensuring fair compensation. If you have suffered a workplace injury with permanent consequences, do not hesitate to seek professional legal assistance to secure appropriate compensation corresponding to the harm endured.
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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 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.
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.
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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