If you suffer a workplace injury, you must be proactive to properly claim compensation. Following the correct procedure after a workplace injury will establish the foundation for asserting your future rights.
Immediate Steps After a Workplace Injury
- Report the workplace injury to your employer (if you are conscious)
- Inform the doctor that it was a workplace injury
- Describe the circumstances of the incident to both the doctor and employer
- Ensure your employer makes an entry in the workplace injury logbook
- Write down when, how, and who was present when the workplace injury occurred
- Obtain copies of all records and insist on receiving the injury report from your employer
- Don't rely on your employer – their interests conflict with yours
- Don't sign agreements without consulting experts
This article focuses on recommendations for proper procedures following a workplace injury (a follow-up article will cover actions you should avoid).
Reporting and Recording the Workplace Injury to Your Employer
Through statements from witnesses (mainly employees), the causes of the workplace injury are clarified. Thanks to testimonies, you can get a picture of what happened at the workplace or during work performance. These records subsequently serve to reconstruct how the workplace injury occurred. The better you and other employees describe the workplace injury, the better it will be for your future claims. For this purpose, the employer must legally create a so-called workplace injury record, which contains basic facts related to the workplace injury that occurred.
When? Employees, including you, are required to report workplace injuries. You can report a workplace injury as soon as your health condition allows. Other employees will likely report it before you do. Therefore, you should verify that they provided truthful and complete statements.
To whom? You report the workplace injury to your employer. Specifically, you should notify your supervisor or the human resources (HR) department, if your employer has one. You should also report the workplace injury to your treating physician.
How? You report it in person or through your treating physician. If no other option is available, you can also report it in writing or via SMS or email.
Why? The employer is required to maintain records of existing workplace injuries of their employees. The employee is obligated to report the occurrence to the employer, describe the circumstances, and cooperate in clarifying the causes of the workplace injury. The employer has the right to conduct drug or alcohol tests on the employee (their presence can lead to exemption from liability). If you cannot undergo the test, the hospital will test for unwanted substances.
Medical Report for Workplace Injury
When a doctor examines you after a workplace injury, always specify when and how the workplace injury occurred (while performing work tasks for the employer). This information should be included in the medical report from the treating facility. This way, you obtain a supporting tool to prove damages resulting from the workplace injury.
Essentially, this documentation is necessary for later asserting your rights and claims for compensation. It then plays a very significant role in determining pain and suffering and social disadvantage (possibly also regarding occupational diseases and their claims). If a workplace injury results in an employee's death, survivors (family, close persons) are entitled to death-related benefits.
Circumstances of the Workplace Injury
Through statements from witnesses (mainly employees), the causes of the workplace injury are clarified. Thanks to testimonies, you can obtain a picture of what happened at the workplace or during work performance. Records subsequently serve to reconstruct the workplace injury occurrence. The better you and other employees describe the workplace injury, the better it will be for asserting your future claims.
Camera recordings best reveal what actually happened (objective assessment). However, they are usually not available, so event reconstruction is subsequently performed through witness statements.
Naturally, the fewer mistakes on your part, the better for you. However, never provide false information at any cost. Other employees may refute false claims in case of a dispute, potentially damaging your chances of obtaining real compensation. Conversely, if the cause of the workplace injury is on your side, the employer may be exempted from liability.
Workplace Injury Description (Entry in the Workplace Injury Logbook)
The employer is legally required to record the workplace injury in the workplace injury registry. Within the registry, they must record the consequences of employee health damage (if it is indeed a workplace injury):
- Fatal – the employee died no later than 1 year after the injury (remember survivor benefits in this context)
- Serious – if the employee is hospitalized for more than 5 days
- Other – residual category, involving employee work incapacity lasting more than 3 days
The registry also contains a description of the causes and circumstances of the employee's workplace injury (person, date, time, place, activity, hours worked, number of injured persons, injury description, source and causes of injury, witnesses, registry recorder).
The injury record can be kept in writing or electronically. The injured employee always has the right to request a copy of the record from the workplace injury registry. If the employer fails to cooperate, the employee can contact the labor inspectorate or court. The employer may dispute the existence or reasons for the employee's work incapacity. In such cases, a dispute occurs, which, depending on intensity, may end up in court.
Deadlines for Recording Workplace Injuries
The employer relies on employee reports about workplace injury occurrence. Subsequently, in cases prescribed by law, they must create a so-called workplace injury record. The employer must create the workplace injury record no later than 5 working days from when they learn about the injury, if the injury led to work incapacity exceeding 3 days (or death).
If work incapacity lasts less than 3 days, a workplace injury record is not mandatory. However, the employer has an obligation to make an entry in the injury logbook, which records all injuries that occur at the workplace, even if they don't cause work incapacity.
Your Own Workplace Injury Documentation
Don't rely solely on information and documentation from your employer. Essential information should always be part of the workplace injury registry. However, records are often made by persons directly bound to the employer. Therefore, some essential circumstances may not be fully recorded or may be missing when clarifying causes (e.g., camera recordings that could have captured the workplace injury).
Consequently, we recommend not relying only on the employer's record, but rather relying on yourself in this matter. You know best how the process occurred and who was present, or how its course can be determined (for example, camera recordings).
The sooner you start gathering evidence about the event's course on your own, the better for you. Therefore, obtain copies of workplace injury records and their consequences. To assert your workplace injury rights, you must obtain supporting documents. Specifically, you must be able to clarify that:
- Work for the employer: You are an employee for a specific employer and performed work activities on that day (employment contract + e.g., work schedule);
- A workplace injury occurred: During work performance, your health was affected by sudden external influences (Injury logbook, witnesses, evidence of workplace injury occurrence);
- Prove health impact and duration of work incapacity (through all available medical documentation related to the workplace injury);
- Document the specific amount of compensation that arose (property and non-property damage suffered due to the workplace injury or pain).
Conflict of Interest Between Employer and Employee
A workplace injury creates conflicting interests between employee and employer. Even with good relationships, the employer often cannot act in your favor. Employers are usually insured for workplace injury cases. To receive insurance benefits for the insurance event (workplace injury) from the insurance company, they must examine your claims critically. Nothing personal is involved; it stems from their own obligations.
Only when all necessary documents are actually provided can the employer choose agreement instead of dispute to resolve employee workplace injury claims.
Don't Sign Workplace Injury Settlement Agreements (Without Legal Support)
The employer wants to pay as little as possible for the workplace injury. Employee workplace injuries are very expensive matters for employers. It cannot be ruled out that they will try to convince you of financial settlement as soon as a suitable opportunity arises. If you don't know your claims or their amount, we recommend not concluding any such agreements. It's not in your best interest.
Contact Employee Rights
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📧 Email: info@pravozamestnance.cz
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We protect and enforce employee rights. We strive to improve the work environment for employees in the Czech Republic. Similarly, we support you in resolving workplace injuries. For news, advice, and tips on employee rights, we recommend our blog section or following our social media accounts on Instagram, Facebook or LinkedIn. Thank you.
