Compensation for occupational injuries and occupational diseases

Statutory liability insurance for occupational injuries and occupational diseases covers all employees, regardless of their nationality. Employer's statutory liability insurance for occupational injuries or occupational diseases covers occupational injuries and occupational diseases of employees who are employed, on the basis of an employment contract or agreements on work performed outside the employment relationship (agreement to complete a job, agreement to perform work).

Statutory insurance does not apply to members of supervisory boards, statutory bodies, directors and members.

Occupational injuries: The employer is obliged to compensate the employee for damage or non-material damage caused by an occupational injury if it occurred during the performance of work tasks or in direct connection with them.

Section 269(1) of Act No. 262/2006 Coll., the Labor Code

Occupational diseases: The employer is obliged to compensate the employee for damage or non-material damage caused by an occupational disease, if the employee last worked for the employer under conditions that cause this occupational disease, before its diagnosis.

Section 269(2) of Act No. 262/2006 Coll., the Labor Code

Yes.

All employers who employ at least one employee are insured by one of two insurance companies: Generali Česká pojišťovna a.s. (for those insured as of 31 December 1992) or Kooperativa pojišťovna, a.s. (for all other employers). There is no need to find out if your employer has an insurance contract. None is concluded, as statutory insurance arises automatically when the first employment relationship is established with the employer.

• Compensation for lost earnings during the period of incapacity for work;
• Compensation for lost earnings following the termination of incapacity for work;
• Compensation for pain and difficulty in social integration;
• Compensation for purposefully incurred costs related to treatment;
• Compensation for damages to property;
• One-off compensation for non-material damage in the event of particularly serious bodily injury to an employee.

This compensation covers the difference between the wage or salary compensation provided by the employer (or from the 15th day of sick leave) and the average earnings before the damage occurred.

The employer shall compensate the employee for lost earnings during the period of incapacity for work. Compensation is the difference between the average earnings before the occurrence of the damage caused by occupational injury and the full amount of compensation for wages or salaries under the provisions of Section 192 of the Labor Code or remuneration from the agreement under the provisions of Section 194 of the Labor Code and the full amount of sick pay.

The employer is obliged to pay compensation for lost earnings regularly on a monthly basis, unless another method of payment has been agreed.

Section 271m (2) of Act No. 262/2006 Coll., the Labor Code

Compensation for lost earnings after the end of incapacity for work (annuity) is a compensation that compensates you for the loss of income if you cannot earn your original income after the incapacity for work ends as a result of an occupational injury, e.g. you can no longer do your original work or can only do it with restrictions.

This compensation is quantified according to the “point system” regulated by Government Regulation No. 276/2015 Coll., on compensation for pain and difficulty in social integration caused by an occupational injury or disease, as amended.

Your attending physician will issue a report on pain compensation, in which pain and difficulty in social integration are evaluated using a point system. You will submit the report on pain compensation to your employer. This compensation shall be granted on a one-off basis. Compensation for pain can also be claimed for occupational injuries for which no injury record is prepared, i.e. also for minor injuries.

Purposefully incurred costs related to treatment include, for example, expenses for medication, dressings, or rehabilitation not covered by health insurance, costs of a special diet, travel expenses for doctor visits, and similar items. The condition is that the costs must be incurred purposefully. Costs are reimbursed to the person who incurred them (i.e., not necessarily the affected employee).

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

For example, damage to property can include destroyed clothing or watches that the employee was wearing at the time of the occupational injury and the injury caused their destruction or damage. However, no claim for damages arises if the employee used, for example, a means of transport or tools to perform the work without the employer's consent.

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

If a particularly serious bodily injury to an employee occurs, the spouse, partner, child and parent shall be entitled to a one-off compensation for the non-material damage suffered. Compensation is also due to other persons in a family or similar relationship who perceive the employee's harm as their own.

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

A fatal occupational injury is such health impairment that leads to the employee's death no later than 1 year after the injury.

In the event of the death of an employee, the following compensation shall be granted:

• Reimbursement of purposefully incurred costs related to treatment and reimbursement of purposefully incurred costs related to the funeral is due to the person who incurred the costs.

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

• Reimbursement of the costs of maintenance of survivors – granted to survivors to whom the deceased employee provided or was obliged to provide maintenance.

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

• One-off compensation for non-material damage to the surviving relatives is due to the spouse or partner, child, and parents of the deceased employee.

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

• Compensation for damages to property is due to the heirs of the deceased employee.

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

The employer may, in certain cases, be completely or partially exempt from the obligation to compensate for damage or non-material damage.

When the employer can be fully exempt from the obligation to compensate the employee for damage or non-material damage:

• if the employee, through their own fault, violates legal or other regulations or guidelines for ensuring occupational safety and health (OSH), despite the employer having informed them of these rules and consistently requiring and monitoring their understanding and compliance;
• if the employee’s occupational injury occurred as a result of drunkenness (or under the influence of other addictive substances) and the employer could not prevent the damage or non-material damage.

At the same time, these facts must be the sole cause of the damage or non-material damage. The affected employee is then not entitled to any compensation for damages or non-material damage.

Section 270 (1) of Act No. 262/2006 Coll., the Labor Code

When the employer can be partially exempt from the obligation to compensate the employee for damage or non-material damage:

• if the employer could be fully exempt from their obligation, but these facts were not the sole cause of the damage or non-material damage;
• if the employee acted contrary to the usual manner of behavior in such a way that it is clear that, although they did not violate legal or other regulations or guidelines for ensuring OSH, they acted recklessly, despite their qualifications and experience making them aware that their actions could result in harm to their health; normal carelessness and actions resulting from the work-related risk cannot be considered reckless behavior.

If the employer is partially exempt from the obligation to compensate for damage, they are obliged to determine the part borne by the employee according to the degree of their fault. In the case of partial exemption due to reckless behavior, the employer is obliged to compensate at least one-third of the damage or non-material damage.

The employer cannot be exempt from the obligation to compensate for damages if the occupational injury occurred while the employee was avoiding damage to the employer or a danger directly threatening life or health, unless the employee intentionally caused the situation.

Section 270(2) of Act No. 262/2006 Coll., the Labor Code

Your employer. If the employer or their insurance company refuses to pay, you will have to go to the court, as only the court can decide on labor disputes, including the entitlement of the employee to compensation for an occupational injury or an occupational disease.

Your employer will provide most of the documentation required for compensation for occupational injuries, but they may also need to cooperate with you at times. What will you have to do?

• Sign the injury record, or add your statement to it;
• Submit the so-called decision on temporary incapacity for work – sick leave slip in a timely manner (in which the doctor should tick the box "occupational injury").
• Insurance companies can request medical reports, certificate of hospitalization, etc.
• After completing the treatment, have the doctor fill out a so-called report on pain compensation. In it, the doctor will provide information about the treatment, the duration of the incapacity for work, and any potential permanent consequences caused by the injury. The issuance of a report on pain compensation may be charged according to the doctor's tariff. Request a receipt for the payment and submit it along with the report to your employer. The fee will be reimbursed.
• If you are requesting reimbursement purposefully incurred costs related to treatment (bandages, medication, etc.), keep the receipts for their purchase so the costs can be reimbursed.

If a medical examination (usually an extraordinary one) results in a medical opinion concluding that you have lost your medical fitness for work for a long period of time due to an occupational injury, you will no longer be able to perform the agreed type of work for the employer. The employer is obliged to transfer you to another job.

Section 41 (1) (a) of Act No. 262/2006 Coll., the Labor Code

This is also one of the reasons why your employer may terminate your employment. Upon the termination of employment, you will be entitled to severance pay amounting to at least twelve times the average monthly earnings (in the event that the employer is fully exempted from the obligation to compensate for damage or non-material damage resulting from an occupational injury, the entitlement to severance pay does not arise).

Section 52 (1) (d) of Act No. 262/2006 Coll., the Labor Code

Section 67 (2) of Act No. 262/2006 Coll., the Labor Code

Similarly to occupational injuries.

The employer is obliged to compensate the employee for damage or non-material damage caused by an occupational disease if the employee worked for the employer in conditions which led to the occupational disease. An occupational disease also includes a disease that developed no more than three years before its inclusion in the List of occupational diseases.

Where an employee is recognized as having an occupational disease, they are entitled to the following compensation:

• compensation for loss of earnings during the period of temporary incapacity for work: the difference between the average earnings before the occupational disease arose and the full amount of sick pay.

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

• compensation for loss of earnings after the end of temporary incapacity for work or upon recognition of disability: compensates for the difference between the average earnings before the occupational disease occurred and the actual earnings after its recognition (factoring in any disability pension received for the same condition).

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

• compensation for pain and difficulty in social integration: point-based assessment is carried out once the employee's health condition is stabilized; difficulty in social integration is typically assessed one year after the damage to health caused by the occupational disease occurred, when it is evident that the damage to health is permanent.

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

• compensation for purposefully incurred medical costs: e.g., medications related to the occupational disease that are not covered by public health insurance.

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

• compensation for damages to property.

Similarly to occupational injuries, an employee who, according to a medical opinion, can no longer perform work due to an occupational disease or the threat of one, is entitled to severance pay amounting to at least 12 times the average monthly earnings.

Section 52 (1) (d) of Act No. 262/2006 Coll., the Labor Code