Law office Dragana Lj. Đorđević provides legal assistance in achivement of the legal rights of injured persons who suffered different types of injuries.
The Rights Arising from the Injuries at Work
The rights arising from the injuries at work are regulated by:
- regulations on pension and disability insurance
- health insurance regulations
- regulations on safety at work
- bylaws
- bilateral agreements on social insurance
- multilateral international treaties and others.
The legal definition of the term of injury at work
A injury at work, in the context of Law on pension and disability insurance , is:
- an injury inflicted on an Insured Party, relating in space, time and causality to performing his/her work, based on which he/she is insured, caused by an immediate and momentary mechanical, physical or chemical impact/exposure, a sudden change in body position, a sudden and unexpected exertion of the body, or other changes in the physiological condition of the body as injury inflicted on an Insured Party – Employee in performing activities beyond his/her job description, and in the interest of the Employer with whom the Insured Party is employed.
- an injury caused as described by law, inflicted on an Insured Party in the course of commuting, business trips, or travels undertaken for purposes of starting employment, and as well as in other circumstances provided for in Law on pension and disability insurance
- a disease suffered by an Insured Party, onset as an immediate and exclusive consequence of an accident or a higher force in the course of performing his/her work, based on which he/she is ensured, or is work related
- an injury caused as described abovve, inflicted on an Insured Party in the course of his/her exercising health protection rights on the basis of a workplace injury and occupational disease
- an injury caused as provided by law, inflicted on Insured Parties in the course of taking part in:
– rescue missions and natural disaster and crises response teams
– military maneuvers or other duty relating to national defense as stipulated by law
– work camps and competitions (industrial, sport, etc.)
– other activities and tasks of common interest, as stipulated by law.
Employers’ obligations by virtue of the injuries at work
The employer is obliged to:
- in five copies fill the report on injuries at work, occupational diseases and diseases related to work
- report shall be filled in by the employer immediately, and no later than 24 hours from the time of knowledge that there was an injury at work, in the form of reports on injuries at work immediately enter all the information prescribed by the Rulebook on Records in the field of safety and health at work
- orally and in writing immediately, and at the latest within 24 hours of the occurrence report an injury at work to the competent labor inspection and if it is a case stipulated by law to the Authority of the Interior each:
– death, collective or serious injury at work
– the injury at work for which the employee isn’t able to work more than three consecutive days and
– dangerous occurance that could endanger the safety and health of employees - after the registration of the all information required under Rulebook, the employer without delay and not later than 24 hours of data entry, all five copies of reports shall submit to a medical institution where took place medical check up of the injured person in order to enter in the contents of the report medical findings and opinions of doctors or health facilities.
The doctor who examined the injured person, entered in the report medical findings and opinion within two days of its receipt and the completed report is submitted to the employer without delay and no later than the following day.
Rights to pension and disability insurance
Law on Pension and Disability Insurance provides a definition of injury at work, group of persons that on this basis exercise their rights, rights based on injuries at work, the responsibility for resolving the rights, the right to compensation and others.
Group of persons that rights are insured
Benefits based on disability and bodily damage caused by a workplace injury or an occupational disease shall be provided for:
- persons performing temporary and periodical activities, in compliance with the law, through youth labor organizations, prior to having completed 26 years of age provided they are full-time students
- persons assigned by the relevant employment authority to attend vocational training courses, additional training and retraining
- pupils and students during the period of compulsory productive work training, vocational practice, and practical training, in compliance with the law
- persons serving prison sentence, during the period of their working in the economy units of the penitentiary and correctional institutions (workshops, work sites, etc) and other work locations
- persons who, in compliance with the law, perform specific activities on the basis of voluntary work contracts.
The Rights to Pension and Disability Insurance on the Basis of the Injury at Work
- right on disability pension in case an Insured Party suffers a total loss of working ability due to changes in his/her health condition caused by a workplace injury, occupational disease, non-work related injury or disease, which do not respond to treatment and medical rehabilitation, irrespective of the length of insurance span
- right on family penson of the members of family of deceased insured person whose death occurred as a result of a injury at work irrespective of the length of pension span completed by such person
- Cash Compensation for bodily damage are effected only if the bodily damage is a consequence of injury at work. Depending on severity, bodily damage is classified in eight categories, and from 30% to 100%, with 10% of the difference between each category.
Rights Aarising from the Law on Health Care Insurance
The conditions for the exercise of rights arising from the injuries at work are also predicted by the Law on Health Care Insurance.
Group of persons that rights are insured
Entitlements deriving from compulsory health care insurance established under Law on Health Care Insurance, in the event of a work-related injury or disease only, are provided to:
- school children and university students who are attending, in accordance with law, any compulsory production labour, professional practice and training
- persons who are not receiving, in accordance with law, any income i.e. agreed compensation for the job performed (under voluntary service agreement)
- persons working on temporary and occasional basis, in accordance with law, through any youth or student employment agency, and being under 26 years of age, if at schooling
- persons undergoing any professional training, additional schooling or retraining at the request of a competent employment organization
- persons involved in organized public works for the common good
- persons involved in rescue operations or in protection and rescue operations during any natural disasters and other accidents
- persons engaged in fire departments on fire fighting and persons undergoing fire fighting training
- persons undergoing any training and qualifying activities with regard to defence, or any other training necessary for the defence of the country
- persons engaged in securing the public rallies, cultural and sports events and other public gatherings of citizens
- persons serving a sentence in a prison while working in any facility of such penitentiary institution (workshop, work site, etc.) and in any other working place.
A work-related injury, pursuant to Law on Health Care Insurance, is every injury, illness or death caused by an accident at work, i.e. or which occurred as a result of any unexpected or unplanned event, including acts of violence which are engendered by work or related to work and which led to the injury, illness or death of the insured which occurred immediately or within a period of 12 months from the date of the work-related injury occurred.
Right to health care and previous insurance period
Right to health care in the event of a work-related injury or disease covers the health care in the case of work-related diseases and injuries provided at primary, secondary and tertiary level.
Benefits
According to the Law on Health Care Insurance the following insured are entitled to the benefits covered by compulsory health care:
- the employed
- entrepreneurs
- priests and church officials who perform such activities as self-employment activity.
During the temporary inability to work due to injury at work, the insured person – the employee is entitled to benefit. The amount of benefit covered by compulsory health care insurance, as well as by employer from own funds, is equivalent to 100% of the benefit basis.
The insured without creditable coverage, at the time of occurrence of temporary incapacity, is entitled to benefits covered by compulsory health care insurance in the amount of minimum salary determined in accordance with regulations governing labour issues for the month such benefits are paid.
The benefit of the other categories of insured (entrepreneurs priests and church officials who perform such activities as self-employment activity), due to work related injury shall be covered by the respective branch, i.e. the Republican Fund, from the thirty-first day of the continuous work incapacity and for the duration of such incapacity of the insured.
In the event of longer incapacity to work due to disease or injury, but not longer than 6 months of continuous incapacity, i.e. where in the last 18 months, the insured has been incapacitated for 12 months with interruptions, a chosen physician i.e. medical commission shall refer the insured with necessary medical documentation to Disability Commission for work capability assessment.
Rights on the basis of the Labour Law
The Labour Law provides that an employee shall have the right to safety and health at work in accordance with the law.
The law prescribes obligations for both employee and employer.
Obligations of employee
An employee shall be obliged to respect regulations relating to safety and protection of life and health at work, in order not to put in danger his safety and health, as well as the safety and health of employees and other persons. At the same time, an employee shall be obliged to notify the employer of every kind of possible danger that could have an impact on safety and health at work.
Rights of employees
- only an employee who, apart from special conditions established by the rule book, meets also the requirements for work in respect of health condition, psycho-physical abilities and age, in conformity with the law, may work on jobs that involve increased danger of injury, professional and other illnesses
- right to compensation of earnings in course of absence from work due to being temporarily impeded from work for a period not exceeding 30 days, in the amount of 100% of the average earnings in the 12 preceding months before the month in which temporary impediment for work occurred, on condition that it may not be lesser than the minimum earnings determined in conformity with the present Law, unless otherwise determined by the law
- the right to compensation for injuries at work – The employer is obliged to pay the employee compensation for injuries at work in accordance with the general act.
Employer shall not be liable, in case of injury at work due to unusual and unpredictable circumstances, beyond Employer’s control or due to extraordinary events with consequences which are impossible to avoid in spite of all efforts.