A traffic accident can affect the lives of each and every one of us. However, few people realize that a traffic accident can be considered a work-related accident if it occurs in direct connection with the performance of an employee's work duties (even in the event of death).
If it is a work-related accident, employees can assert their claims against their employer under the Labor Code. In such cases, employees can claim damages and other rights associated with a work-related accident. Let's take a look at when a traffic accident is recognized as a work-related accident and what the consequences are for both the employee and the employer.
When is a traffic accident a workplace injury?
- Performance of work tasks – The accident must occur during the performance of work, for example, during a business trip, transportation of materials or goods, or while traveling between different workplaces.
- Direct connection with work performance – The accident must be directly connected to work, meaning that the employee did not crash while attending to private matters, but rather in the course of their work activities. An example could be a professional driver who crashes while delivering goods, or an employee who is on their way to a meeting with a client.
- Location of the accident – This does not matter. It is irrelevant whether the accident occurred on a public road, in a parking lot, or at another location, provided it is clear that the employee was performing work tasks at the time.
- Vehicle owner/operator – This also does not matter if the traffic accident (workplace injury) occurred while using one's own or another person's vehicle; however, the use of means other than those provided by the employer may contribute to reducing the employer's liability.
When is a traffic accident not a workplace injury?
- Not every traffic accident involving an employee's travel is considered a workplace injury. An accident will not be recognized as a workplace injury if:
- Commuting to and from work – Travel from home to the workplace and back is usually not considered performance of work tasks, and therefore an accident that occurs during such travel is not a workplace injury. An exception may be a situation where the employee performs tasks assigned by the employer while commuting to work (e.g., picking up materials).
- Private matters – If an employee handles personal affairs during working hours and an accident occurs, such accident will not be considered a workplace injury (assessment is required).
- Employee misconduct – Employee misconduct may result in reduction or exclusion of the employee's health damage from workplace injury classification.
Employer's obligations in case of an employee's traffic accident (workplace injury)
If a traffic accident is recognized as a workplace injury, the employer has several obligations:
Recording the injury – The employer must record the accident in the injury log. If a serious injury or death occurs, the employer is required to report the accident to relevant authorities, such as the labor inspection and health insurance company. The employer is also required to provide compensation and explain the causes of death to survivors.
Investigation of accident causes – The employer must determine the causes of the accident and consider measures that would prevent similar situations in the future.
Compensation for damages – If an employee suffers injuries in an accident that is recognized as a workplace injury, the employer is obligated to provide compensation for damages, which includes pain and suffering, medical expenses, and possibly compensation for loss of earnings.
Employee's rights in case of workplace injury from traffic accident?
A traffic accident as a workplace injury is a serious situation that requires thorough investigation and appropriate response from the employer. What to do if you suffer a workplace injury we have shared in historical posts. (here and here)
We help employees with asserting claims from workplace injuries or occupational diseases through our experts in the field. Have you or someone you know suffered a workplace injury and need help? Read the testimonials of our clients whom we have helped in various employment law cases and do not hesitate to contact us. Write to us through a simple form and we will help you.
Contact Employee Rights
📞 Phone: +420 773 014 007
📧 Email: info@pravozamestnance.cz
🏢 Through the form
Social media: Instagram, Facebook or LinkedIn
We protect and enforce employee rights. We strive to improve the working environment of employees in the Czech Republic. We are equally your support when dealing with workplace injuries. For news, advice and tips on employee rights, we recommend our blog section, or following our social media Instagram, Facebook or LinkedIn. Thank you.
