Occupational injury with permanent consequences

A workplace injury is a health impairment suffered by an employee as a result of short-term exposure to external factors while performing work duties.
If the injury leads to permanent consequences, the situation becomes significantly more complex and requires a thorough understanding of the employee’s legal rights and entitlements.

Prepare for the fact that the most substantial part of a compensation claim of this nature cannot be calculated without the involvement of an expert (a legal professional or a forensic specialist). This article focuses on the issue of permanent consequences of occupational injuries, their compensation, and the practical steps an employee should take in such circumstances.

What Is an Occupational Injury with Permanent Consequences?

An occupational injury with permanent consequences refers to damage to health that persists after medical treatment has concluded and has a long-term or permanent impact on the employee’s health, working capacity, or quality of life. This may include physical limitations (reduced mobility, loss of a limb), chronic pain, cosmetic damage, or psychological effects.

In addition to the injury itself, the employee suffers from lasting health damage which impairs their ability to participate in social life. Compensation for permanent consequences of occupational injuries, unlike compensation for pain (which is determined by statutory tables), requires expert assessment and valuation to determine appropriate damages.

Protection of the Employee in Case of an Occupational Injury with Permanent Consequences

The fundamental legal framework governing liability for damage arising from occupational injuries is set out in the Labour Code. It stipulates that the employer is obliged to compensate for any damage or non-material harm resulting from an occupational injury to the extent of their legal liability.

Specific calculations are carried out in accordance with the Civil Code and consistent case law from the highest judicial authorities. According to the methodology of the Supreme Court of the Czech Republic, expert assessments are based on the premise that the life of an individual can be valued at up to CZK 20,000,000. Any permanent impairment is then compensated based on the degree of interference with the individual's health and social life.

Types of Compensation for Occupational Injuries with Permanent Consequences

Employees suffering permanent consequences from an occupational injury may be entitled to the following forms of compensation:

Compensation for Loss of Earnings After the End of Temporary Incapacity

This compensation applies to employees whose income is reduced as a result of permanent consequences. It is calculated as the difference between the average pre-injury earnings and post-injury earnings, with any disability pension taken into account. Compensation may be paid on a long-term basis, potentially until retirement age.

Compensation for Pain and Impaired Social Functioning

Pain and Suffering (Pain Compensation)
A one-off lump sum paid to compensate for physical pain caused by the injury.

Impaired Social Functioning
Compensation for long-term negative impacts on the employee’s quality of life. The amount is determined based on a point-based evaluation carried out by a medical assessor in accordance with applicable legislation.

Reimbursement of Reasonably Incurred Expenses

This includes medical costs not covered by public health insurance—such as above-standard treatments, rehabilitation aids, medications or co-payments, special diets, etc.

Compensation for Material Damage Arising from the Occupational Injury

This covers damage to personal property sustained in connection with the occupational injury (e.g., clothing, watches, glasses).

Procedure for Asserting Claims in Case of an Occupational Injury with Permanent Consequences

If you have suffered an occupational injury with lasting effects, it is essential to follow a systematic process:

Injury Documentation: Ensure the injury is properly documented and reported to the employer. The employer is obliged to prepare a formal accident report.
Medical Treatment: Undergo all necessary treatment and rehabilitation. Maintain complete medical documentation.
Expert Assessment: After your medical condition stabilizes, an expert should carry out a point-based assessment of pain and social impairment.
Claim Submission: Submit a claim for compensation to your employer, including the medical report and other relevant documentation.
Insurance Company Proceedings: Employers are legally insured against liability for occupational injuries. Compensation is paid by the relevant insurance provider.
Legal Assistance: In more complex cases or in the event of a dispute regarding the amount of compensation, it is advisable to seek assistance from a lawyer specializing in labour law.

Workplace Reintegration After an Injury with Permanent Consequences

Employers have specific obligations towards employees who have suffered permanent consequences of a workplace injury:

They are required to employ such individuals in suitable positions.
They must provide necessary retraining.
They should adjust the workplace to accommodate the employee’s medical condition, where feasible.

Know Your Rights as an Employee

Permanent consequences of an occupational injury can have a profound impact on an employee’s quality of life and work capacity. It is therefore crucial that affected individuals understand their rights and take proactive steps to assert them. Czech law offers relatively strong protection to employees in these cases, but the actual enforcement of rights often depends on the initiative of the injured party.

If you are dealing with the aftermath of an occupational injury with permanent consequences, do not hesitate to seek professional legal assistance. A qualified lawyer can help you navigate your entitlements and secure fair compensation.

Contact Employee Rights Legal Support

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📧 Email: info@pravozamestnance.cz
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Occupational injury with permanent consequences

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