Have you become a victim of a workplace injury with permanent consequences? If you have suffered health damage from a workplace injury with permanent consequences, your earnings may be reduced. As part of your claims from the workplace injury, you can demand wage compensation from the employer, which will supplement the difference between the income that the employee obtained and the disability pension (compensation for income decline from workplace injury). In the following article, we will explain what compensation you are entitled to and how to properly claim it.
What is a disability pension?
A disability pension is, simply put, a protective status for citizens. A disability pension is granted on the basis of a personal application by the employee requesting it. After an employee has suffered a work-related injury and long-term incapacity for work, the employee's health condition will be assessed by a medical commission. The commission will examine whether the employee's ability to earn income from work is permanently/long-term impaired as a result of the work-related accident. The length of insurance coverage is not determined for an employee who has suffered a work-related accident (otherwise, the employee would be required by law to contribute to the state social insurance fund for a specified period of time). You can read more about work-related accidents here.
Types of disability pension
The level of reduction in an employee's ability to perform work is divided according to the degree of limitation (see below in this article). The degree of disability indicates the extent of the reduction in the employee's ability to work as a result of an accident at work. In addition, the employee is entitled to a disability allowance to cover their basic needs. The higher the degree of disability, the higher the degree of dependence on the allowance paid by the state.
First-degree disability
- Decline in work capacity by 35% to 49%
- Possibility to work under special conditions
- Partial limitation of gainful activity
Second-degree disability
- Decline in work capacity by 50% to 69%
- Significant limitation of work capacity
- Need to adapt working conditions
Third-degree disability
- Decline in work capacity by 70% and more
- Serious limitation of work capacity
- Possibility to work under completely extraordinary conditions
In addition to this, other employee claims are also assessed in connection with workplace injury. These concern mainly compensation in the form of pain and suffering, impairment of social placement, severance pay, and other employee claims arising in connection with workplace injury.
Practical examples of disabled employee income calculation
Example 1: Employee with first-degree disability
Average daily earnings: 1,200 CZK
- Reduction: 1,200 × 90% = 1,080 CZK
- Wage compensation: 1,080 × 60% = 648 CZK/day
Example 2: Employee with second-degree disability
Average daily earnings: 2,000 CZK
- First bracket: 1,418 × 90% = 1,276.20 CZK
- Second bracket: (2,000 - 1,418) × 60% = 349.20 CZK
- Total after reduction: 1,625.40 CZK
- Wage compensation: 1,625.40 × 60% = 975.24 CZK/day
Frequently asked questions
Can I receive both wage compensation and disability pension?
Yes, the right to wage compensation is not affected by receiving disability pension. Both benefits can be received simultaneously. The employer must compensate for loss of earnings after workplace injury over time.
Must I report additional earnings to ČSSZ?
It is not necessary to report ordinary additional earnings. Be aware that the disability allowance is paid to an employee with limited ability to perform work. If their ability is not limited, a review of the claim may occur.
What if my degree of disability changes?
During the duration of the employee's disability, a review of the health condition and adjustment of the disability degree classification may occur. The change must be immediately reported to both the employer and ČSSZ. Working conditions and the amount of wage compensation may be adjusted.
Employee Rights
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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