Compensation for industrial injuries and occupational diseases

Abstract

According to the current legislation in the Labour Code the employer’s liability for personal injury resulting from industrial injury or disease is objective, i.e. liability for result. Employer has always an obligation to pay damages if the employer has not liberated himself from no-fault liability. In terms which are explicitly defined by the Labour Code the employer can relieved from fully liability or in part. The injured party is entitled to compensation for loss of earnings and compensation for pain and diminished social capability, and compensation for reasonably incurred expenses related to medical treatment and compensation for damage. Additional compensation is provided in the case of an employee’s death which occurred due to an industrial injury or occupational disease. This may be compensation for reasonable funeral expenses, reimbursement for dependent survivors, one- off compensation for dependents and damage compensation. Each employer now has to pay compulsory insurance against injury. The new law on accident insurance of employees makes the principle of compensation redundant and establishes the principle of insurance. Employers will pay premiums to the Czech Social Security Administration, who will pay allowances from the accident insurance directly to the injured employees. The aim of the new law on accident insurance of employees is to motivate employees to return to work and curb abuse of the insurance. The law should come into effect on 1st January 2013.

Keywords

• liability for damage
• industrial injury
• occupational disease
• compensation
• accident insurance