An occupational injury can change your life in an instant. Whether it's a fall from a ladder, a burn, a cut from machinery, or any other workplace injury, it is important to know that you are not alone and that you have rights protected by law. Unfortunately, many employees are unaware of these rights or are afraid to assert them for fear of potential retaliation by their employer.
Occupational Injury: Compensation for Employees
An occupational injury can change your life in an instant. Whether it's a fall from a ladder, a burn, a cut from machinery, or any other workplace injury, it's important to know that you're not alone and that you have rights guaranteed by law. Unfortunately, many employees are unaware of their rights or fear asserting them due to potential retaliation from their employer.
This article serves as a guide for employees who have suffered an occupational injury and are seeking compensation. You'll learn not only what you're entitled to but also how to effectively assert your rights and how to defend yourself if your employer refuses to pay compensation.
Employees are generally entitled to the following compensation for an occupational injury:
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Wage replacement
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Pain and suffering compensation
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Compensation for diminished social integration
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Reimbursement for medical expenses
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Severance pay
What is an Occupational Injury and Who is Liable?
An occupational injury is an injury sustained by an employee while performing work tasks or in connection with them. The employer is liable for damages caused to the employee regardless of whether the injury was their fault—this is known as strict liability.
When is it Considered an Occupational Injury?
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The injury occurred during working hours at the workplace.
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The injury happened while traveling to a business meeting.
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The injury occurred during training organized by the employer.
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The injury happened during rescue operations in the employer's interest.
Important: Even if you partially caused the injury yourself, you're still entitled to compensation (it may only be reduced based on your degree of fault).
When is it Not Considered an Occupational Injury?
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You caused the injury intentionally.
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The injury occurred while committing a criminal offense or administrative offense.
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The injury did not occur in connection with performing work tasks.
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You don't meet the criteria for an occupational injury.
Important: If the occupational injury results from multiple factors, each element will be assessed individually. Any negligence on the employee's part may lead to a reduction in the final compensation amount.
What Compensation is an Employee Entitled to for an Occupational Injury?
As an injured employee, you're entitled to comprehensive compensation covering all aspects of the harm and loss you've suffered. These rights cannot be taken away from you, and your employer is obligated to respect them. Many employees overlook certain claims at this stage. The highest compensation from an occupational injury is obtained by correctly calculating all your entitlements.
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Wage Replacement During Sick Leave – You Don't Lose Income
What it means for you: If you can't work due to an occupational injury and are receiving sickness benefits, you're entitled to a top-up to your regular wage. Therefore, you don't need to fear financial problems.
How it's calculated:
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Your average earnings over the last 12 months before the injury are considered.
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The sickness benefits you receive from the insurance company are deducted from this amount.
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The difference must be paid by your employer.
Practical example: Your average monthly salary was CZK 40,000, and the sickness benefit is CZK 25,000 per month. Your employer must pay you an additional CZK 15,000 per month for the entire duration of your sick leave.
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Compensation for Permanent Loss of Earnings – Protecting Your Future
When you're entitled: If, even after the sickness benefits end, you earn less due to permanent consequences of the injury (e.g., switching to lighter work or becoming disabled). As part of the compensation, you're entitled to a top-up to what you would have otherwise earned if you could work without the occupational injury.
Duration:
Your protection: This right is very important—it protects you from lifelong financial impacts of the injury.
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Pain and Suffering Compensation – Compensation for Your Suffering
You're entitled to compensation for the pain you've experienced due to the injury. This involves a standardized/objective assessment of the intensity of the negative experience.
What it covers:
How it's determined: The amount of compensation is set according to a decree based on a point system. The more severe the injury, the higher the compensation.
Typical amounts:
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Broken hand: CZK 8,000 - 25,000
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Severe burns: CZK 50,000 - 200,000
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Spinal injury: CZK 100,000 - 500,000
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Compensation for Diminished Social Integration – When an Occupational Injury Changes Your Life
This claim compensates for the reduced quality of your life moving forward due to the injury. Diminished social integration is the most significant component of the compensation claim. Without an expert opinion, you practically have no chance to determine this claim.
What it means: Compensation for the fact that due to the injury, you can't live a fulfilling life as before—for example, you can't play sports, care for your family, or engage in hobbies.
How it's determined: By an expert opinion assessing how the injury has affected all aspects of your life.
Important information:
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Often represents the highest compensation amount.
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Can reach up to several million CZK for severe injuries.
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Always request an expert opinion.
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Medical Treatment Costs
Through this component of occupational injury compensation, your employer will reimburse you for costs related to treating your injury.
What the employer covers:
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All treatment costs not covered by insurance.
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Rehabilitation and physiotherapy.
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Transportation to doctors.
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Medical aids (crutches, wheelchair, braces).
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Prescription medications.
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Private medical services if deemed necessary.
Tip: Keep all receipts and documents!
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Property Damage Compensation – Your Damaged Belongings
Property damage compensation means reimbursement for incidental damage to your belongings. For example, your mobile phone falls and breaks due to an occupational injury.
Typical cases:
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Damaged or destroyed clothing.
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Broken glasses or contact lenses.
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Damaged mobile phone.
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Destroyed jewelry or watch.
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Damaged vehicle during a business trip.
How to proceed: Photograph the damaged items and request a written list from your employer.
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Severance Pay Upon Termination of Employment
When you're entitled: If, due to the consequences of the injury, you can no longer perform your job, and the employment relationship is terminated.
Amount of severance pay: 12 times your average monthly earnings.
Example: With an average salary of CZK 35,000, the severance pay is CZK 420,000.
How to Claim Compensation for an Occupational Injury?
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Ensure Medical Assistance
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Immediately seek medical treatment.
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Insist that the doctor properly documents the injury.
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Request a copy of the medical record.
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Report the Injury to Your Employer
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Obligation: You must report the injury no later than 24 hours.
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Form: Preferably in writing (email with delivery confirmation).
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Content: When, where, and how the injury occurred.
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Collect Evidence
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Take photographs of the accident scene.
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Obtain contact details of any witnesses.
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Preserve any damaged items.
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Take photos of your injuries.
Check the Accident Record
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The employer is required to record the injury in the accident log within 5 days.
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Your right: You may request a copy of this record.
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Verify the accuracy of all details provided.
Document Everything
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All medical reports and hospital discharge summaries.
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Receipts for treatment and transport.
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Confirmation of sickness benefit received.
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Payslips or other documents proving your pre-injury income.
Calculate Your Claims
Submit Your Claims in Writing to Your Employer
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Clearly itemize and quantify all your claims.
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Attach evidence and medical documentation.
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Set a reasonable deadline for payment.
What to Do If the Employer Refuses to Acknowledge the Injury or Pay Compensation
In many cases, employers resist claims unfairly—and without legal support, employees often find themselves powerless.
When to Contact a Lawyer
Contact a lawyer immediately if:
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The employer denies that the incident qualifies as a workplace injury.
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The employer refuses to pay compensation.
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The compensation offered is unreasonably low.
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You are being pressured to waive your rights or accept a low settlement.
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The injury has serious consequences.
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You are facing retaliation for asserting your rights.
Frequently Asked Questions
How long do I have to assert my claims?
Most claims expire three years from the date of injury. The claim for compensation for reduced social integration must be filed within one year after the medical condition has stabilized.
What if my employer goes bankrupt?
Your claims transfer to the insurance provider or the employer’s legal successor.
Can I also claim damages under the Civil Code?
Yes, if the Labour Code does not fully cover your losses, you may seek compensation under the Civil Code.
Employee Rights: You Are Not Alone – We’re Here for You
Remember: A workplace injury is not your fault, and you have the right to fair compensation. The employer is legally obligated to compensate you for all harm and losses resulting from the injury. Your stories inspire us to help you obtain the compensation you deserve.
Contact Právo Zaměstnance (Employee Rights Legal Support)
📞 Phone: +420 773 014 007
📧 Email: info@pravozamestnance.cz
🏢 Contact form available on our website
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