Work Injury Resulting in Death
A work-related fatal injury occurs when a worker sustains damage to their health while performing work tasks or in direct connection with them, caused by short-term, sudden, and violent external influences, independent of the worker's will, leading to their death. This situation can result from various factors, including hazardous working conditions, insufficient training, lack of protective equipment, or human error.
Claims of the Families of Deceased Workers
Most legal systems establish several key claims and measures for the families of workers who die due to a work-related injury. From the perspective of Czech labor law, these are the claims:
Basic Claims for Survivors after a Fatal Work Injury
Reasonable Costs for Employee Treatment Before Death: This includes all treatment costs for the deceased employee not covered by health insurance.
Compensation for Loss of Breadwinner: The family of the deceased worker is entitled to compensation for the loss of financial support that the deceased provided through their earnings. This compensation may cover daily expenses, children's education, housing, and other living costs.
Funeral Costs: Employers or insurance companies may be obligated to cover funeral-related costs and associated expenses.
Work Injury Insurance: In many countries, employers are required to have work injury insurance for their employees. This insurance should cover the costs related to injuries and their consequences, including death.
Legal Claims: The family is also entitled to compensation for non-material damage, such as emotional distress due to the loss of a loved one (PTSD). This compensation (damages) is meant to address the emotional impact the employee's death may have on their relatives (and the potential claims).
Compensation for Reduced Social Integration: Compensation for the decreased quality of life for survivors due to the loss of a close family member.
Employer’s Duties Regarding Compensation for the Family of the Deceased Employee
Claims of Dependent Children After a Work Injury Resulting in Death
A dependent child is considered one who is under the mandatory school age or up to the age of 26 if they are continuously preparing for a future profession through study or cannot prepare or engage in gainful employment due to illness, injury, or a long-term adverse health condition.
The status of a dependent child directly influences:
The amount of compensation
The duration of compensation for the loss of a breadwinner (which may last until the child turns 26)
Eligibility for other social benefits and support
Employers play a key role in minimizing the risk of work-related injuries and protecting the rights of their employees. In addition to the obligation to ensure safe working conditions and provide appropriate training, they have several other duties:
Prevention of Work Injuries: Employers should actively identify risks associated with work activities and take steps to minimize these risks.
Appropriate Protection and Equipment: Employers should provide suitable protective equipment and ensure it is used properly.
Training: Employers should ensure that employees are adequately trained for the tasks they perform and are familiar with safety procedures.
Work Injury Insurance: Employers should have work injury insurance for their employees that covers the consequences of injuries, including death.
Work-related fatal injuries are tragic events with long-term consequences for the families of the affected workers. It is essential that legal systems and employers ensure that the families of deceased workers have the right to appropriate financial and legal protection, while also striving to minimize the risk of work-related injuries and ensure a safe working environment for all employees.
Procedure for Applying for Claims by the Survivors of a Deceased Employee
To successfully apply for claims following the death of an employee due to a work injury, it is important to follow the steps below:
Immediate Reporting of the Death: The employer must immediately report the fatal work injury to:
The Police of the Czech Republic
The Regional Labor Inspectorate
The employee's health insurance provider
In case of a foreign national's death, also to the relevant diplomatic mission
Writing an Injury Report: The employer is obligated to write a report on the fatal work injury within 5 working days of reporting it.
Gathering Documentation: The survivors should gather:
Death certificate
Medical records related to the injury
Proof of the deceased’s income (for calculating loss of breadwinner compensation)
Documents related to funeral expenses
Evidence of dependency on the deceased's income
Written Application for Claims: Claims should be submitted in writing to the employer, ideally by registered mail with delivery confirmation.
Dealing with the Insurance Company: Claims are handled by the insurance company where the employer has liability insurance. It is recommended to:
Communicate with the insurance company in writing
Keep records of all communications
Have proof of document receipt
Assessment of the Compensation Offer: Before accepting any offer from the insurance company, it is advisable to consult a lawyer specializing in work injuries.
Possible Court Proceedings: If no agreement is reached regarding compensation, the survivors can file a lawsuit in court.
Examples of Work Injuries Resulting in Death
Fall from Scaffold during Construction
Circumstances: An employee of a construction company fell from inadequately secured scaffolding at a height of 7 meters. He was 54 years old with two children and lacked the proper personal protective equipment. He died in the hospital two days after the accident. Resolution and Compensation:
The Labor Inspectorate identified serious violations by the employer regarding workplace safety.
The widow was awarded 800,000 CZK.
The two dependent children received a total of 900,000 CZK.
Compensation for the loss of breadwinner was set at 65% of the deceased's previous income.
The employer was fined 1.5 million CZK, and the responsible foreman was criminally prosecuted.
Death While Operating Machinery
Circumstances: An employee of a manufacturing company died while operating a machine that lacked functional safety features. The employer also failed to provide proper training for operating the equipment. Resolution and Compensation:
The court awarded the wife a one-time compensation of 600,000 CZK.
The dependent child received 500,000 CZK.
The parents, who lived with the deceased, were awarded a total of 400,000 CZK.
Compensation for loss of breadwinner was set until the deceased would have reached retirement age.
Family’s Right to Information about the Investigation
Survivors have the right to information about the investigation into the fatal work injury, including:
Access to the injury report: The employer is required to provide one copy of the injury report to the survivors.
Information from the Labor Inspectorate: Survivors have the right to request information from the regional Labor Inspectorate about the inspection results.
Access to the file in criminal proceedings: If criminal proceedings are initiated in connection with the death, the survivors, as victims, have the right to access the case file.
Participation in hearings: Survivors have the right to participate as victims in any criminal trial.
To obtain the maximum amount of information, it is advisable to:
Request information in writing
Appeal if information is denied
Use a legal representative to assist with accessing information
In case of suspicion of a criminal act, file a criminal report (which will grant them the status of a victim)
Employee Rights
We assist employees in asserting their claims related to work injuries through our industry experts. If you or your loved one have suffered a work injury and need help, don’t hesitate to contact us. We’re happy to help you assert your rights and claims.
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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.
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.
O vaše práva zaměstnance se stará Advokátní kancelář Ing. Mgr. Ladislav Šmarda, se sídlem v Olomouci a Praze, ČAK 18060
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