Have you suffered an accident at work and are unsure of your rights to compensation? In the following article, we explain what compensation you are entitled to and how to claim it. Among other things, an employee's claims in the event of an accident at work include compensation for lost wages (lost earnings) in connection with the accident.
What is a workplace injury?
A workplace injury means damage to health or death of an employee that occurred while performing work tasks or in direct connection with them. An injury that an employee suffered for performing work tasks is also considered a workplace injury.
What is considered a workplace injury?
- Injury during work performance at the workplace
- Injury during a business trip (more here)
- Injury during activities performed on the employer's order
- Injury during activities that are the subject of job duties
What is important is the connection between the injury and the performance of work duties. Compensation and its amount then relate to the employee's health condition in the period preceding the occurrence of the workplace injury.
What is not considered a workplace injury?
- Injury during commuting to employment and back
- Injury during a break outside the employer's premises
- Injury caused intentionally to oneself
Moreover, it should be remembered that an employee will not receive workplace injury compensation if it is a consequence of the employee's breach of obligations in the field of occupational health and safety, or breach of criminal law provisions.
What compensation is the employee entitled to?
In addition to claims for compensation for pain and suffering, loss of social standing, and severance pay, the employee is also entitled to compensation for lost wages. An accident at work often results in a reduction in the employee's earnings (e.g., if they are on sick leave and receiving benefits). This is a situation that is predominantly caused by the employer's operations. Therefore, the employer is obliged to compensate the employee for lost wages that the employee would otherwise have received if the accident at work had not occurred.
Compensation for loss of earnings during the period of incapacity for work
- 100% of average earnings for the first 14 days of incapacity for work, this claim is paid directly by the employer
- From the 15th day, the claim is paid in the form of sickness benefit by the district social security administration (you do not need to submit a separate application) - the employer pays the difference between sickness benefit and average earnings from the 4th day
- The amount of sickness benefit is determined:
- at 60% of the employee's daily reduced assessment base from the 15th to the 30th day of temporary incapacity for work duration
- At 66% of the daily reduced assessment base from the 31st to 60th day of temporary incapacity for work duration
- At 72% of the employee's reduced assessment base from the 61st day of temporary incapacity for work duration and beyond
- Compensation is provided for the entire duration of incapacity for work - the period of incapacity for work and payment of sickness benefit lasts a maximum of 180 days. After that, there is a transition to the regime from 180 days, when the permanent consequence on the employee's side is assessed and the possibility of granting disability pension.
Compensation for loss of earnings after the end of incapacity for work
- If it is determined that incapacity for work is of a long-term nature (longer than 180 days), the health condition of the injured employee will be reviewed and it will be determined whether they meet the prerequisites for inclusion in disability pension
- Subsequently, the employer will pay the difference between disability pension (compensation from the state) and the amount that the employee would have obtained if the workplace injury had not occurred - wage compensation, taking into account the disability pension received by the employee
- Similarly, the difference is provided if the employer transfers the employee to other (usually safer) work - this is also provided when transitioning to lower-paid work
How to proceed when claiming rights?
Reporting the injury
- Immediately report the injury to the employer (make a record of the workplace injury)
- Secure witnesses to the injury, create documentation of the injury (medical and e.g., photographs and videos)
- Have the injury entered in the injury log
Documentation
- Keep all medical reports
- Save receipts for medicines and aids
- Keep records of travel expenses
- Conduct expert assessments
- Calculate wage compensation
Communicate with the employer
- Inform about the course of treatment
- Report changes in health condition
- Consult return to work
Assertion of claim
- Assert the claim in writing with the employer (we recommend assertion as a whole, we are happy to help you with this - contact us)
- Provide necessary documents
- Monitor limitation periods
Frequently asked questions
Must I accept an offer of other work after an injury?
The employer is obligated to offer you other suitable work corresponding to your health condition. If the offer is reasonable, you should accept it.
What if the employer refuses to pay compensation?
In this case, you can go to court. We recommend that you first seek legal assistance and try to reach an out-of-court settlement. Enforcing all claims arising from a work-related injury is a complicated process, and it is difficult to imagine that a person who is unfamiliar with the issue will be able to handle the entire process (or may deprive themselves of claims that they would otherwise be entitled to).
How long can I receive wage compensation?
You can receive wage compensation for the entire duration of the consequences of the workplace injury that prevent you from earning as before the injury.
Know your employee rights
Wage compensation after a workplace injury is your legal right. Do not let yourself be dismissed and insist on your claims. In case of uncertainties, do not hesitate to seek legal help or contact a trade union organization.
Employee Rights is a portal focused on helping employees in disputes with employers. If you have a workplace injury, invalid termination, invalid immediate termination of employment, unpaid claims, severance pay, we will help you. We help employees navigate the world of their labor rights. If you like the project, we will be grateful for positive feedback and following our social media, where we share news from the world of law.
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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.
