Compensation for industrial injuries and occupational diseases

According to the current legislation in the Labour Code the employer’s liability for personal injury resulting from industrial injury or disease is objective, i.e. liability for result. Employer has always an obligation to pay damages if the employer has not liberated himself from no-fault liability...

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Main Author: Jana Mervartová
Format: Article
Language:English
Published: Mendel University Press 2011-01-01
Series:Acta Universitatis Agriculturae et Silviculturae Mendelianae Brunensis
Subjects:
Online Access:https://acta.mendelu.cz/59/4/0151/
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author Jana Mervartová
author_facet Jana Mervartová
author_sort Jana Mervartová
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description According to the current legislation in the Labour Code the employer’s liability for personal injury resulting from industrial injury or disease is objective, i.e. liability for result. Employer has always an obligation to pay damages if the employer has not liberated himself from no-fault liability. In terms which are explicitly defined by the Labour Code the employer can relieved from fully liability or in part. The injured party is entitled to compensation for loss of earnings and compensation for pain and diminished social capability, and compensation for reasonably incurred expenses related to medical treatment and compensation for damage. Additional compensation is provided in the case of an employee’s death which occurred due to an industrial injury or occupational disease. This may be compensation for reasonable funeral expenses, reimbursement for dependent survivors, one- off compensation for dependents and damage compensation. Each employer now has to pay compulsory insurance against injury. The new law on accident insurance of employees makes the principle of compensation redundant and establishes the principle of insurance. Employers will pay premiums to the Czech Social Security Administration, who will pay allowances from the accident insurance directly to the injured employees. The aim of the new law on accident insurance of employees is to motivate employees to return to work and curb abuse of the insurance. The law should come into effect on 1st January 2013.
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spelling doaj.art-df723f6f8c1b41b299def2b9303273f62022-12-22T02:33:01ZengMendel University PressActa Universitatis Agriculturae et Silviculturae Mendelianae Brunensis1211-85162464-83102011-01-0159415115810.11118/actaun201159040151Compensation for industrial injuries and occupational diseasesJana Mervartová0Ústav práva a humanitních věd, Mendelova univerzita v Brně, Zemědělská 1, 613 00 Brno, Česká republikaAccording to the current legislation in the Labour Code the employer’s liability for personal injury resulting from industrial injury or disease is objective, i.e. liability for result. Employer has always an obligation to pay damages if the employer has not liberated himself from no-fault liability. In terms which are explicitly defined by the Labour Code the employer can relieved from fully liability or in part. The injured party is entitled to compensation for loss of earnings and compensation for pain and diminished social capability, and compensation for reasonably incurred expenses related to medical treatment and compensation for damage. Additional compensation is provided in the case of an employee’s death which occurred due to an industrial injury or occupational disease. This may be compensation for reasonable funeral expenses, reimbursement for dependent survivors, one- off compensation for dependents and damage compensation. Each employer now has to pay compulsory insurance against injury. The new law on accident insurance of employees makes the principle of compensation redundant and establishes the principle of insurance. Employers will pay premiums to the Czech Social Security Administration, who will pay allowances from the accident insurance directly to the injured employees. The aim of the new law on accident insurance of employees is to motivate employees to return to work and curb abuse of the insurance. The law should come into effect on 1st January 2013.https://acta.mendelu.cz/59/4/0151/liability for damageindustrial injuryoccupational diseasecompensationaccident insurance
spellingShingle Jana Mervartová
Compensation for industrial injuries and occupational diseases
Acta Universitatis Agriculturae et Silviculturae Mendelianae Brunensis
liability for damage
industrial injury
occupational disease
compensation
accident insurance
title Compensation for industrial injuries and occupational diseases
title_full Compensation for industrial injuries and occupational diseases
title_fullStr Compensation for industrial injuries and occupational diseases
title_full_unstemmed Compensation for industrial injuries and occupational diseases
title_short Compensation for industrial injuries and occupational diseases
title_sort compensation for industrial injuries and occupational diseases
topic liability for damage
industrial injury
occupational disease
compensation
accident insurance
url https://acta.mendelu.cz/59/4/0151/
work_keys_str_mv AT janamervartova compensationforindustrialinjuriesandoccupationaldiseases