If the employee and employer cannot agree on whether a work injury occurred, an impartial party must make a binding assessment of the situation. In this article, we will discuss who is responsible for making a binding assessment of a work injury.
Assessment of Health Status After an Injury
The decision to recognize a work injury primarily rests with the employer. The employer is obligated to maintain records of work-related injuries and their causes. This leads to the employer's duties to document the injury in the work injury registry (usually a work injury report). Furthermore, the employer must allow the employee to participate in clarifying the cause of the injury so that it can be classified as a work injury (our procedural recommendations can be found in the articles here and here). The employer must also report the work injury to the relevant state authorities (police – if a crime has been committed, the relevant labor inspectorate, the mining office – e.g., mining activities). If the work injury is deemed legitimate, the employer will typically forward the investigation of the work injury to the insurance company.
Do not forget to be proactive in searching for and asserting your rights. If you do not gather the necessary documentation, it will be difficult to claim compensation. In the case of the employee’s death, the responsibility lies with the surviving relatives, who may also file a compensation claim against the employer.
Failure to Fulfill Employer’s Obligations
If the employer fails to fulfill any of their legal obligations, the employee has the option to turn to the relevant authorities to investigate the employer’s actions in the case of a work injury. In determining the cause of the injury, this will primarily involve the labor inspection or the police (if a crime has been committed). For an authoritative assessment of the work injury and the employee’s right to compensation, the court will generally have jurisdiction. Any violation of the employee’s rights by the employer can later be used in subsequent proceedings.
Work Injury in Court
If the employer refuses to accept responsibility for the work injury (as per the law), the employee must turn to the court. Only the court can independently assess whether the injury occurred as a work injury or not.
Beware of mistakes. Some employees, in the case of a work injury, may choose to file a complaint with the relevant labor inspectorate, asking for compensation claims to be recognized. The labor inspectorate can assess the employer’s wrongdoing and impose a penalty. However, the labor inspectorate does not examine the employee’s claims related to the occurrence of the work injury. The binding assessment of the work injury, including the employee’s claims, falls within the jurisdiction of the court. If the employee wants to obtain compensation for the work injury, they must file a lawsuit with the court.
Know Your Rights as an Employee
We assist employees with the preliminary assessment of injuries and then help them assert their claims through experts in the field. Have you experienced a work injury and need assistance? Do not hesitate to contact us. We are happy to help.
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