An injury at work is a situation that no employee wants to find himself in, but it is important to know your rights and the steps you should take to protect yourself – both medically and legally.
What is considered a work injury?
Injury at work means an injury, illness or death of an employee that occurs during the performance of work, i.e. at the workplace, but not necessarily at the workplace, it is important that there is a direct connection with work duties (for example, on a business trip).
What should I do after an injury?
– Ask for medical help
– Notify your employer or supervisor about the injury
– The employer is obliged to prepare a report on the injury at work, which is submitted to the Republic Health Insurance Fund
It is important not to sign statements that diminish the employer’s liability without consulting an attorney.
What are my rights in the event of an injury at work?
– The right to 100% salary compensation during sick leave is paid by the employer and reimbursed by the Republic Health Insurance Fund
– In case of permanent incapacity for work, the right to a disability pension
– The right to compensation for material and non-material damage from the employer if he failed to provide safe working conditions or if the injury is a consequence of performing a dangerous activity
What are the employer’s obligations?
– Risk assessment of each workplace
– Training of employees in the field of safety and health at work
– Provision of protective equipment and means
– Inspection reporting and injury record keeping
– Payment of wages and damages
How do I prove that I suffered an injury at work?
The evidence is:
– Medical documentation
– Testimony of colleagues
– Report on injury at work
– Record of labor inspection
If the employer disputes that it is an injury at work – the legal assistance of a lawyer is crucial.
Is the employer always responsible for an employee’s injury at work?
The employer is responsible for an employee’s injury at work if the conditions for his subjective or objective liability are met. In practice, those two grounds in most cases lead to the employer’s responsibility. Subjective liability exists if the injury can be attributed to the fault of the employer. These are cases when the employer did not provide the employee with adequate protective equipment, correct means of work, appropriate supervision by another employee, and the like. However, there is also the objective responsibility of the employer for the injuries that have occurred, which is set much wider than the subjective responsibility based on fault. When an employee uses the so-called a dangerous thing, such as various tools, machines (which are suitable for causing injuries) or for the needs of the employer is performed by the so-called dangerous activity (the performance of which often results in injuries), the employer is responsible for the injury suffered. It is considered that when an injury occurs by a mere accident while performing a dangerous activity, since the employee performed it in the interest of the employer, the employer bears the risk of compensation for the damage suffered.
Is it possible to share the responsibility of the employer and the employee?
The answer is: yes, it is possible. The court can determine that the employee in the specific case acted with such a degree of carelessness that there is also his responsibility for the injury that occurred. Then the court determines the exact percentage of his share in the damage (eg 20-30-40%) and reduces his compensation by that amount.
What does personal injury compensation cover?
Compensation for the injury suffered includes both non-material and material damage. Non-material damage is reflected in suffered physical pain, fear, mental pain due to reduced life activity (as a result of disability to a certain degree) and mental pain due to humiliation. Material damage is reflected in medical expenses, travel expenses, and lost earnings. If the employee cannot work at the workplace due to an injury, but can only work at a lower paid one, he has the right to be paid the difference between the salary he earns and the salary he would have earned if the injury had not occurred.
Danilo Babić- lawyer in Novi Sad
