Compensation for damage from a work injury

Compensation for Property Damage in the Case of Workplace Accidents

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.

Obligation to Compensate for Damage Caused by a Workplace Injury

The Labor Code clearly establishes when an employer is obligated to compensate for damage to your property. This is one of the lesser-known claims, which, alongside compensation for pain and suffering, reduction in quality of life, severance pay, wage compensation, and other accompanying compensation, belongs to an employee in connection with a workplace injury. The right to compensation arises if the damage occurred:

• During the performance of work tasks—such as handling materials, operating machinery, or driving a company vehicle

• In direct connection with the performance of work tasks—such as commuting between workplaces, during a business lunch, or while attending a work-related training session

It is important to note that the employer is liable for damages even if the damage was caused by your colleagues’ actions or omissions. Undoubtedly, damages incurred in connection with a workplace injury meet the conditions for compensation.

Objective Liability of the Employer

In your favor, there is the so-called objective liability of the employer. This means that the employer is required to compensate the damage incurred regardless of whether anyone caused it. To successfully assert the claim, you do not need to prove who caused the damage—it is sufficient to demonstrate that the damage occurred during work performance or in direct connection with it.

Practical Example: You slipped on a wet floor in the warehouse, fell, and, in addition to breaking your arm, your mobile phone, which was in your pocket, got damaged. In this case, the employer must compensate not only for the personal injury but also for the damage to the phone, as both damages occurred in connection with work performance (specifically the workplace injury).

When the Employer Is Not Liable for Damage Caused by a Workplace Injury

There are situations when the employer is not liable for damage to your personal belongings:

• Damage caused intentionally—if you caused the damage deliberately

• Influence of alcohol or other addictive substances—if you were under their influence at the time of the injury

• Violation of an explicit prohibition—such as using your own tools or car without the employer's consent

Special Attention to the Use of Your Own Vehicle

Particular attention should be paid to situations where you use your own vehicle for work-related purposes. Without the employer's explicit consent, you are not entitled to compensation for damage to your vehicle during a business trip.

Practical Example: You decided to use your car for a business errand without the prior consent of your employer. During the trip, an accident occurred, and the car was damaged. In this case, you are not entitled to compensation from the employer.

How Is the Amount of Compensation for Workplace Injury Damage Determined?

The employer is required to compensate for the actual damage, which is not automatically the price of a new item. The amount of compensation is determined based on the value of the damaged item at the time the damage occurred, taking into account its age and wear. The amount of damage is usually determined by an expert report.

Examples of Damage Calculation by an Expert:

• Mobile Phone Purchased 2 years ago for CZK 15,000 with an average lifespan of 4 years Calculation: 15,000 CZK × (4-2)/4 = 7,500 CZK

• Work Shoes Purchased 3 months ago for CZK 2,000 with an average lifespan of 1 year Calculation: 2,000 CZK × (12-3)/12 = 1,500 CZK

• Automobile For car damage, the calculation is based on an expert report:

  • Repairable damage: full repair costs

  • Total loss: the market value of the vehicle before the accident

How to Properly Proceed with Filing a Compensation Claim?

For a successful claim for compensation, it is crucial to follow the correct procedure from the outset. We recommend the following steps:

Immediately After the Damage Occurs

• Report the accident and the resulting damage to your supervisor immediately

• Secure evidence—take photos of the damaged items, note witnesses to the event

• Document the connection between the workplace injury and the damage to your belongings

• Keep the damaged items for later assessment

Formal Submission of the Claim

• Write a written request for compensation

• Provide proof of the purchase price of the damaged items (receipts, invoices, bank statements)

• If necessary, secure an expert opinion on the value of the damage (especially for higher-value items)

• Observe the statute of limitations—the right to compensation for damage is subject to a time limit

Know Your Employee Rights

A workplace injury represents a challenging life situation that may not only have health consequences but also significantly affect your property. It is important to know that as an employee, you have the right to compensation for damage to your personal belongings in connection with a workplace injury.

The key to successfully asserting this claim is a quick response, thorough documentation, and the correct formal procedure. By following the steps outlined, you will significantly increase the chances of receiving fair compensation.

If you need individual legal assistance with asserting a compensation claim, do not hesitate to contact us. We are happy to provide advice and help ensure that your rights are fully respected.

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