If a worker suffers an injury at work or in relation to work, that individual is entitled to financial compensation from the employer for damages if they complete the following two conditions:
1) there must be a subjective or objective responsibility of the employer, and
2) an employee at work must not be careless and may not operate without the required protective equipment, or not to act in contravention of the rules of safety at work.
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If the worker is responsible for the injury, the employer is not obliged to pay the employee compensation. However, if the employer is responsible for the damage or injury, even if the worker contributed to the damage with their behavior, the employee is entitled to payment of consensual labor compensation.
For damage caused to a third party, caused by a worker in the workplace or in relation to work, also corresponds to the employer with whom the employee worked when the damage occurred, unless it is proven that the employee behaved properly.
Employers mainly take their responsibility for the violations of workers at work when they are sure that the insurance companies will cover all the costs. In this case, the compensation claim is forwarded to the appropriate insurance company which is then determined based on the compensations and the amount of damages. If the employer failed to ensure their civil liability claim for compensation for injuries at work the costs will be directed directly to the employer.
There is a difference between subjective and objective responsibility of the employer.
Subjective responsibility of the employer exists in the following cases:
If the employer allowed it to happen because of the current situation or other factors that have harmful effect which may cause injury, but does not eliminate that consequence, or
If the employer does not know what adverse effects may occur, which is something that must be known.
It is the responsibility of the employer, who has the possession of certain things or performing specific activities. The term things includes use of various potentially unsafe electrical machines and tools, such as cranes, fans, as well as chemicals and other potentially hazardous substances.
If occupational injuries occur due to subjective or objective responsibility of the employer, the employer is responsible for all costs incurred.
Compensation for mental damages
In case of injury at work due to subjective or objective responsibility of the employer it is also possible to receive compensation for mental damage. There are three types of damages:
Compensation for primary and secondary fear due to injuries.
Compensation for mental pain due to reduced life activities and / or disfigurement, and
Compensation for mental pain that occurred due to death.
Regardless of the type of injury, if it was caused by the employer, they must pay a certain amount of money to the employee and cover all the costs for treatment.