Occupational injuries and diseases

An occupational injury is a health impairment or death of an employee that occurs independently of the employee's will:

• by short-term, sudden and violent external influences
• while performing work tasks or in direct connection with them. See the FAQ below for an explanation of these terms.
• An incident will also be classified as an occupational injury if it occurs due to the performance of work duties (a typical example is a government official being attacked by a dissatisfied client outside working hours and the employer's premises, for reasons related to their professional responsibilities).

An example of an occupational injury can be a fall from a ladder while performing work tasks and a subsequent fracture of the employee's arm.

However, it always depends on the individual assessment of the circumstances and it is not possible to say in advance whether the incident will be classified as an occupational injury.

Section 271k of Act No. 262/2006 Coll., the Labor Code

In the event of an occupational injury, whether it happens to you or someone else, it is necessary to:

• if you witness an injury, provide first aid to the injured person, call the emergency services (155 – emergency medical services / 112 – if multiple units of the integrated rescue system are needed; for traffic accidents, fires, industrial accidents), see First Aid in the Workplace;
• if your health condition allows, report your occupational injury to your supervisor or the responsible manager without unnecessary delay;
• report an injury of another employee / another person you witnessed without unnecessary delay;
• cooperate in clarifying the causes of an occupational injury.

Section 106 (4)(h) of Act No. 262/2006 Coll., the Labor Code

An occupational injury is an injury that occurred while performing work tasks that include:

• the performance of employment obligations arising from your employment relationship or from agreements on work performed outside the employment relationship (Agreement to complete a job, Agreement to perform work);
• another activity you perform at the employer's request;
• activity that is the purpose of a business trip;
• activity carried out for the employer at the initiative of a trade union (or works council, OSH representative) or other employees;
• an activity that you perform on behalf of an employer on your own initiative, unless you, as an employee, need special authorization to do so;
• voluntary assistance organized by the employer.

Section 273 of Act No. 262/2006 Coll., the Labor Code

An occupational injury is an injury that occurred directly in connection with the performance of work tasks. These include:

• actions required to perform the work;
• actions customary or necessary before, during, or after the start of work;
• actions customary during work breaks for meals and rest taken on the employer's premises;
• examination at the health service provider carried out on the employer's request,
• examination in connection with night work;
• first aid treatment and the journey to and from it.

However, such actions do not include commuting to and from work, meals (i.e. the actual consumption of food during a work break for meals and rest), examination or treatment with a health service provider, or travel to and from it, unless it is carried out on the employer's premises.

Also in direct connection with the performance of work tasks is:

• employee training organized by the employer or a trade union, or by an authority superior to the employer, aimed at enhancing their professional qualifications.

Section 274 of Act No. 262/2006 Coll., the Labor Code

No.

Commuting to and from work refers to the journey from your place of residence (or accommodation) to the entrance of the employer's premises or to another location designated for performing work tasks, and back. If you work in forestry, agriculture and construction, commuting also includes travel to and from the designated assembly point.

However, the situation is different if your employer sends you on a business trip. A journey from the employee's municipality of residence to a workplace or accommodation in another municipality, which is the destination of a business trip (unless it is also the municipality of the employee's regular workplace), and back, is considered a necessary action before or after the start of work (i.e., directly related to the performance of work tasks).

Section 274a of Act No. 262/2006 Coll., the Labor Code

The recognition of an occupational injury is the sole responsibility of the employer, who investigates the causes and circumstances of the injury, or of the court. This matter should not be decided by your treating physician or the insurance company with which the employer is legally insured for liability related to occupational injuries and occupational diseases.

Section 105 (1) of Act No. 262/2006 Coll., the Labor Code

If the employer does not recognize the injury as occupational, you can take the matter to court. However, be prepared to present evidence to the court to support your claim.

Yes.

The employer must keep a record of injuries in the form of an injury log, where every injury is recorded, even if it did not result in work incapacity. It is in your best interest to report an occupational injury to your supervisor. Even a seemingly minor injury can later lead to a larger health problem. In retrospect, it may be difficult to prove that you have suffered an occupational injury, so it is important to report any injury without undue delay and secure any witnesses to the incident.

Section 105 (2) of Act No. 262/2006 Coll., the Labor Code

The employer has a number of obligations in connection with the occurrence of an occupational injury. In particular, they are obliged to investigate the occupational injury, record it and report it to the competent authorities.

What the employer must do when an injury occurs at work:

• notify another employer of an occupational injury without undue delay, allow that employer to participate in clarifying the causes and circumstances of the occupational injury, and inform them of the results.;
• not to alter the condition at the site of the occupational injury until the causes and circumstances of the incident have been clarified;
• clarify the causes and circumstances of an occupational injury;
• record the injury in the injury log, even if the occupational injury did not result in temporary incapacity for work exceeding three calendar days;
• report occupational injury to the competent authorities – in all cases to the trade union and the OSH representative, and in specified cases to other institutions such as the Police of the Czech Republic or the Regional Labor Inspectorate;
• prepare and maintain an injury record in cases of fatal occupational injuries or occupational injuries resulting in incapacity for work exceeding three calendar days. This record is then sent to designated institutions – e.g. the Regional Labor Inspectorate or the employee's health insurance company;
• adopt and implement measures to prevent the recurrence of the occupational injury.

Section 105 of Act No. 262/2006 Coll., the Labor Code

Yes.

If it is an occupational injury resulting in incapacity for work exceeding three calendar days, and therefore an injury record has been prepared, the employer is required to provide the affected worker with a copy of the injury record. In the event of a fatal occupational injury, it is handed over to the family members of the deceased.

Section 105(3) of Act No. 262/2006 Coll., the Labor Code

Occupational diseases are professional illnesses that result from the harmful effects of chemical, physical, biological, or other harmful influences (e.g., dust, noise, vibration, repetitive strain, infectious skin diseases, etc.), as well as acute poisoning from chemical substances. At the same time, the disease must be classified as an occupational disease and the conditions specified for the disease must be met.

Section 1(1), of Government Regulation No. 290/1995 Coll., establishing a list of occupational diseases

In certain cases, a professional disease may not meet the criteria for recognition as an occupational disease but can be recognized as an occupational disease risk.

Section 347(1) of Act No. 262/2006 Coll., the Labor Code

If your doctor suspects you have an occupational disease, they are obligated to refer you to an occupational health service provider, who will assess your health in relation to the occupational disease (the risk of occupational disease). Your employer has the same obligation, or you can contact them yourself as an employee. Only so-called occupational disease centers, which are authorized by the Ministry of Health of the Czech Republic, are entitled to recognition of occupational diseases based on territorial jurisdiction.

In order to be recognized as an occupational disease, the following conditions must be met:

• The disease must be part of the List of occupational diseases, or be included under one of the items on the list.
• The medical condition of the person being assessed must be consistent with the diagnosis, and the disease must meet the required degree of severity.
• It must be verified that the person being assessed has worked in conditions that can cause an occupational disease.

More information on the procedure for the assessment and recognition of occupational diseases can be foundhere.