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I was injured at work

The right to damages and the steps to take after a workplace injury.

INFO
Short answer. If a workplace injury occurred through the employer's fault (e.g., defective equipment, a failure to ensure safe working conditions), the employer is obliged to compensate both material damage (treatment costs, lost earnings, any reduction in work capacity) and non-material damage (physical pain, fear, diminished quality of life); reporting the injury to the competent authorities and obtaining medical documentation are preconditions for exercising this right.
ROK
Deadline. A claim for damages becomes time-barred after three years from the day the injured party learned of the damage and of the person who caused it (the subjective deadline). In any event, the claim becomes time-barred five years after the damage occurred (the objective deadline). If the damage was caused by a criminal offence for which a longer limitation period for prosecution is prescribed, the claim against the liable person becomes time-barred only when that longer period expires. (The general rules on damages under the Law on Contracts and Torts (Zakon o obligacionim odnosima) (Arts. 376-377: three-year subjective and five-year objective limitation periods); occupational safety and health regulations on the obligation to report an injury.)

What to do

The first and most urgent step is medical, not legal - a medical examination and recording of the injury immediately after it occurs, since that documentation later serves as the basic evidence that the injury happened at work and to what extent. Immediately afterward, the employer should be notified and must formally report the injury on the prescribed form to the competent authorities; for more severe injuries there is also an obligation to notify the labor inspectorate, and where relevant the police, within 24 hours.

The right to damages depends on whether the injury occurred through the employer's fault - for example due to defective equipment, a failure in training, or a failure to ensure safe working conditions. If it did, compensation covers both material damage (treatment costs, lost earnings, and, for permanent consequences, a corresponding annuity) and non-material damage (pain, fear, diminished quality of life). If the employer holds liability insurance covering its employees, the claim can also be directed straight to the insurer, in parallel with the claim against the employer.

Gathering evidence is crucial in this type of dispute: medical documentation, the injury report, colleagues' statements, and all correspondence about the circumstances of the injury. Without proper documentation, proving the causal link between working conditions and the injury becomes considerably harder.

When to consult a lawyer

A workplace injury is the situation with the highest potential damages amounts among labor disputes, especially with permanent health consequences, so consulting a lawyer is useful even at an early stage - in assessing whether grounds for the employer's liability exist, how to frame the claim (material and non-material damage separately), and whether a court-appointed expert examination is needed. If the employer disputes its liability or offers a settlement that seems lower than the real damage, a legal assessment before accepting the settlement is especially important, since a subsequent claim for the difference generally can no longer be pursued afterward.

Sources

What to do

  • Seek medical help immediately and make sure the injury is medically documented (a report from emergency services, a health center, or a hospital) - this documentation is the basic evidence that the injury occurred at all, and when.
  • Notify the employer of the injury as soon as circumstances allow, and insist that the employer formally report the injury to the competent authorities on the prescribed form - the employer is legally responsible for this, and for more severe injuries must also notify the labor inspectorate within 24 hours.
  • Keep all documentation: the injury report, medical documentation, sick-leave certificates resulting from the injury, and, if available, statements from colleagues who were present or have knowledge of the circumstances of the injury.
  • Check whether the employer holds liability insurance covering its employees - if it does, the claim for damages can also be directed straight to the insurer.
  • If the employer disputes liability or doesn't respond to the claim for damages, consider filing a claim with the competent court before the limitation period expires.

What it costs

The cost of expert examination (medical assessment of the degree of physical impairment) is a separate cost that, as a rule, is initially advanced by the party proposing it, and at the end of proceedings is borne by the party that loses the dispute, in proportion to the outcome. In an employment dispute the employee pays a court fee only if the claim is a monetary one (Fee Schedule to the Law on Court Fees, Item 1, note 8), so for a damages claim the fee is as a rule payable according to the value of the dispute; the court may grant an exemption for limited means (Art. 10) - more detail is on the labor-dispute costs page.

Basis for the attorney fee: Tariff item: 13 of the Tariff on Attorneys' Fees and Expense Reimbursement (quantifiable claim for damages); in cases of this kind, engaging a court-appointed medical expert to assess the degree of reduced work capacity is also common.

FAQ

Is the employer always liable for a workplace injury?

Not automatically. The employer is liable for damage if the injury occurred through its fault (e.g., a failure to ensure safe working conditions, defective equipment, lack of training), while it is released from liability if it proves the injury resulted solely from force majeure or the exclusive fault of the employee or a third party that it could not have foreseen or prevented. For work with hazardous machinery or in hazardous activities, a stricter, strict (fault-independent) liability regime may also apply: damage is presumed to originate from a hazardous object or activity unless it is proven that it was not the cause of the damage (Arts. 173-174 of the Law on Contracts and Torts).

What does compensation for a workplace injury cover?

Material damage covers actual treatment and rehabilitation costs and lost earnings during incapacity for work, as well as any annuity if there is a permanent reduction in work capacity. Non-material damage covers compensation for physical pain, fear, and diminished quality of life, and its amount is assessed case by case, often with the help of a court-appointed expert.

Do I have to wait until treatment is finished before claiming damages?

A claim can be filed before treatment is fully concluded, but the final amount of damage (especially for permanent consequences) is, as a rule, established only once the medical condition has stabilized - in practice this is resolved through expert examination during the proceedings themselves, rather than by waiting outside them.

What if my employer didn't report the injury?

An employer's failure to report the injury doesn't take away the employee's right to damages, but it does make proving the case harder - in that situation it's important to independently secure medical documentation as soon as the injury occurs and, if possible, report the failure to the labor inspectorate.