In what situation can I claim?
Employees are eligible for compensation for accidents at work and occupational diseases if health has been damaged while working. Liability for damages is borne by the employer in such cases.
An accident at work (pracovní úraz) is considered any accident occurring while performing work tasks or in direct connection with such activities. Accidents at work include injuries suffered during work breaks in the employer's facility. Accidents while commuting to and from work are not covered.
Accidents at work include fatal accidents.
Occupational diseases (nemoc z povolání) are any disease an employee contracts as a result of harmful factors related to their work. A list of diseases considered occupational diseases is defined by a government regulation.
What conditions do I need to meet?
Every employer is obliged to maintain insurance under the law against occupational accidents and diseases.
Such insurance applies to all its employees automatically upon signature of an employment contract. EU nationals are also eligible for compensation if employed in the Czech Republic.
Accidents at work
Eligibility conditions to receive compensation:
- accident occurred while fulfilling work obligations or in direct connection with them;
- employee suffers injury as a result of the accident;
- the injury is unintentional and the employee did not intentionally cause such injury;
- the employee did not commit a serious violation of safety regulations;
- the employee was not drunk at the time of the accident and did not act recklessly. Ordinary carelessness is not considered recklessness.
Compensation eligibility remains in place if the accident occurred through the direct fault of the employee.
A statement from a general practitioner is insufficient to recognise an occupational disease; they can only provide the applicant with a recommendation to visit an occupational disease centre (středisko nemocí z povolání). Only these centres have the requisite authority. There are 18 in the Czech Republic.
Employees are eligible for compensation for an occupational disease if:
- a physician at the centre diagnoses the patient with one of the recognised occupational diseases;
- the patient was most recently employed under conditions that could cause such disease before the disease was discovered.
The Regional Hygiene Station (krajská hygienická stanice) will review workplace conditions to confirm the connection between employment and the occupational disease.
What am I entitled to and how can I claim?
A person suffering from the consequences of an accident at work or occupational disease is entitled to several forms of compensation.
Compensation for lost earnings
This matches income to its prior level after an accident at work or an occupational disease is discovered. The employee is obliged to match such income during any sickness benefits or invalidity pension. The former employee remains eligible until reaching the age of 65.
Compensation for pain and suffering
This is paid as a one-off lump sum. This is compensation for physical and emotional suffering. The amount is calculated based on the number of points defined by the occupational disease centre's medical evaluation. Each point is valued at CZK 250. The number of points for a specific accident or disease is defined by a relevant decree.
Compensation for appropriate expenditure associated with treatment
This is compensation for the costs of treatment paid by the victim due to a lack of coverage by health insurance. This includes the costs for drugs or rehabilitation, regulatory fees when visiting physicians and for special food requirements.
Compensation for material damage
Such compensation covers items that are damaged or destroyed in an accident at work. Such items include clothing, luggage, a vehicle or mobile phone. A Supreme Court decision has also declared that this category may include compensation for activities that a person could no longer perform as a result of an accident at work or occupational disease, for instance caring for a household.
If an employee dies as a result of an accident at work or occupational disease, their survivors are eligible for compensation.
Compensation for survivors:
- compensation for appropriate expenditure associated with treatment;
- compensation for reasonable funeral expenses;
- reimbursement of the cost of maintaining survivors;
- one-off lump-sum payments for survivors;
- compensation for material damage.
Where and how to apply
Employees file claims for compensation with the employer where such accident at work or occupational disease occurred. Claims are filed with the most recent employer if an occupational disease involves multiple terms of employment.
A court will resolve any dispute pursuant to the Civil Code (Občanský zákoník) if the victim cannot agree with the employer on compensation.
Forms you may need
- Záznam o pracovním úrazu a další formuláře - Accident at work record form and other forms, completed by the employer, in Czech
Know your rights
These links do not lead to European Commission websites and do not represent the views of the European Commission:
- Labour Code (Zákoník práce), in Czech;
- Accidents at work and employer obligations (Pracovní úraz a povinnosti zaměstnavatele), in Czech;
- Decree on Compensation for Pain (Vyhláška o odškodnění bolesti), in Czech.
European Commission publications and websites:
State Labour Inspection Authority (Státní úřad inspekce práce)
746 01 Opava
Střediska nemoci z povolání - complete list of occupational disease centres across the Czech Republic, in Czech
Contact point for accidents at work and occupational disease in the EU:
Kooperativa pojišťovna, a.s., Vienna Insurance Group
664 42 Modřice
Contact point for accidents at work and occupational diseases in the Czech Republic:
Česká pojišťovna a.s.
601 00 Brno
http://www.bozpinfo.cz/ - information portal dedicated to safety at work, in Czech