Have you suffered a work-related injury or contracted an occupational disease? Have you incurred damage or harm related to health impairment? In such cases, you are entitled to compensation for the pain you have suffered, commonly known as "pain and suffering" in connection with the injury or health impairment.
What is Pain and Suffering Compensation?
Pain and suffering compensation refers to both physical and mental distress caused by health impairment, whether from a workplace injury or an occupational disease. It is not limited to the immediate pain experienced at the time of the injury. You are also entitled to compensation for pain during the treatment of the injury, such as rehabilitation. Pain and suffering compensation covers all the hardships associated with the injury, including stress and psychological difficulties. If you have suffered a health impairment, you are entitled to compensation for all the distress directly linked to this impairment.
How is Pain and Suffering Compensation Determined?
The topic of determining pain and suffering compensation was addressed in a previous article. The government determines the compensation for pain by regulation. The specific injuries and impairments are outlined in an annex to the regulation. Each injury is assigned a specific value, in points, which is then multiplied. The value of one point corresponds to 1% of the average wage. For 2024, the value of one point is set at 424.27 CZK. More severe injuries result in more points, which means higher compensation.
Pain and suffering compensation is paid in a lump sum. It is a form of compensation from the employer for the harm caused to the employee in connection with their work. In addition to pain and suffering compensation, the employee is also entitled to: lost wages, travel expenses to and from medical facilities, medical treatment costs, impairment of social integration, and material damage.
Point-Based Assessment of Pain and Suffering
The amount of pain and suffering compensation is determined by a doctor in a medical report. According to the government regulation, the doctor assesses the severity of the injury in points. To ensure accurate (and sufficient) compensation, you must clearly describe to the doctor how you feel and any additional complications you are experiencing.
The doctor determines the pain and suffering compensation once the employee's health condition has stabilized. The doctor assigns points based on the nature, extent, and severity of the health impairment. They consider the course and difficulty of treatment, as well as complications that arose directly as a result of the workplace injury or occupational disease. The doctor reviews all medical reports and findings from the healthcare providers involved in the treatment.
If the employee suffers multiple health impairments (e.g., a broken arm and a sprained ankle), the doctor assesses the pain for each health impairment separately. The points for each injury are then added together. In cases of complications (e.g., wound infection extending the treatment period), the point value may increase by up to 50% of the total point value. Similarly, if the employee’s condition required exceptionally complex treatment (e.g., dialysis), the healthcare provider will increase the point value. This is determined in the medical report.
Point-Based Assessment for Different Body Parts
Each part of the body has a specific number of pain receptors. The greater the number of receptors, the higher the intensity of pain typically felt when an injury occurs. Although everyone perceives and reacts to pain differently, the government regulation sets unified criteria for point assessment. However, the specific body part affected is always taken into account.
The regulation for determining pain and suffering compensation sets different point values for each injury:
Head injury point values (more information here)
Back injury point values (more information here)
Hand injury point values (more information here)
Leg injury point values (more information here)
Eye injury point values (more information here)
What to Keep in Mind When Suffering a Work Injury or Occupational Disease
Report the injury immediately to your employer. The employer must report the injury or health impairment to the relevant authorities. The sooner you report the injury, the faster the compensation process for the health impairment can begin (including issuing the medical report, communication between the employer and the insurance company, etc.).
Keep all documents related to the work injury or occupational disease. This will strengthen your position in case of a dispute with the employer. The employer is obligated to document the work injury, so request a report of the workplace injury (or a copy of any video footage if the injury was monitored).
Carefully read the medical report and any other documents you will be asked to sign. The amount of pain and suffering compensation is determined based on the medical report. Therefore, carefully review the medical report to ensure the doctor has included all the suffering you have experienced due to the injury or occupational disease. Your employer may not take your disagreement with the amount of compensation into account. However, if the employer pays less than what the doctor has determined, you may go to court and demand full compensation for the pain and suffering.
Your employer may want to settle with you regarding compensation. If you have doubts, consult a professional who can explain your rights and obligations and represent you in court if needed.
Pain and suffering compensation is paid as a lump sum by the employer. However, if you suffer additional harm, you may be entitled to a “new” compensation for pain if the new harm is proven to be causally related to the initial injury (e.g., pain resulting from an unexpected surgery). This also applies to temporary agency workers.
Know Your Employee Rights
If you suffer a work injury or contract an occupational disease, you are entitled to compensation for the damage to your health. This compensation is referred to as pain and suffering, which will be provided by your employer. The amount of compensation is determined by a doctor in a medical report. To ensure accurate compensation, be sure to mention all the harms and complications related to your work injury or occupational disease.
How Can We Help?
Have you suffered a work injury, and your employer refuses to compensate for your pain and suffering? Do you believe the compensation should be higher in your case? Contact us, and we will assist you. The form can be found here.
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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.
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O vaše práva zaměstnance se stará Advokátní kancelář Ing. Mgr. Ladislav Šmarda, se sídlem v Olomouci a Praze, ČAK 18060
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