Occupational Injury: A Serious Risk for Employees
An occupational injury is one of the most serious risks an employee may face while performing their job. This type of injury not only includes physical harm but also psychological damage, which can have long-term effects on the quality of life.
While carrying out work-related tasks, unfortunate cases of physical assault against employees can also occur. This article will focus on occupational injuries in the form of harm to health, its characteristics, consequences, and the obligations of both the employer and the employee.
What is an Occupational Injury?
An occupational injury refers to harm that an employee suffers while performing their work duties or in direct connection with them. This means the injury must have a direct causal connection to the work being performed, must occur during working hours, and at the workplace or another location where the employee performs work according to the employer's instructions. The harm may result in the employee's death (and claims by surviving family members).
Specifics of Occupational Injury from Employee Assault
General claims for occupational injuries are here provided in connection with the assault of an employee while performing work for the employer. The employee, in the event of physical assault by a third party, has the option to choose whom to pursue claims for the assault against. The employee may seek compensation for occupational injury from the employer and/or choose to claim directly from the wrongdoer/perpetrator of the assault.
It must be noted that the position from labor law benefits the employee. Considering the economic situation of the perpetrator, the employer is usually financially more stable, and despite the employer's personal involvement, it is generally a logical course of action to assert claims against the employer, who is typically insured for such cases.
Consequences of an Occupational Injury
An occupational injury can take many forms, ranging from minor injuries to serious harm to health. The most common manifestations of occupational injuries include:
Physical Injury: This includes fractures, contusions, cuts, burns, electric shocks, injuries resulting from handling heavy objects, or accidents caused by falls.
Persisting Health Issues: Some injuries resulting from occupational accidents persist even long after the visible parts of the injury have healed (typically involving ligaments, tendons, and other connective tissues).
Psychological Harm: Stress, depression, or post-traumatic stress disorder (PTSD, according to the Supreme Court's decision) may be the result of traumatic experiences at the workplace, such as accidents, bullying, or prolonged psychological pressure.
Permanent Consequences: Unfortunately, occupational injuries are also often associated with permanent consequences for the employee.
Employee Rights in the Case of an Occupational Injury
An employee who suffers an occupational injury has several rights they should be aware of:
Right to Compensation: The employee is entitled to compensation for:
Pain and suffering,
Medical treatment costs, and potentially,
Compensation for lost earnings,
Non-material damages (reduced social integration).
Right to Sick Leave: If the injury results in the employee being unable to work, they are entitled to sickness benefits, which provide financial support during the period they are unable to work.
Right to a Safe Work Environment: The employee has the right to work in an environment that meets all safety standards and regulations, and the employer is obliged to take all necessary measures to minimize the risk of occupational injuries.
Assisting Employee Rights
We assist employees with asserting their claims related to occupational injuries or occupational diseases through our experts in the field. Have you or someone you know suffered an occupational injury and need assistance? Read the testimonials from our clients, who we have helped in various employment law cases, and feel free to reach out to us. Contact us through a simple form, and we will assist you.
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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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