Act No. 150 / 1961 Coll.
Law on compensation for accidents and occupational diseases
Valid
Effective from 01.02.1962
150
THE LAW
of 21 December 1961
on compensation for accidents and occupational diseases
The care of health and safety at work in the Czechoslovak Socialist Republic is based on the principle of unity in the security of production and safety at work, the principle of personal responsibility of all bodies which manage, organise and control work, the creation of conditions of safe and healthy work and the principle of the widest immediate participation of workers in the security and health at work.
The organisation of occupational safety and health care based on these principles creates the preconditions for effective prevention of accidents at work and occupational diseases and for a continuous reduction of accidents.
In line with the care that an advanced socialist society gives to all workers, it is also necessary to ensure that workers who suffer from accidents at work can return to the work process and thus participate in the creation of values for society according to their ability. In the event of damage to workers by accident or occupational diseases, it is also necessary to ensure that the standard of living of both their members and their family members does not undergo substantial changes.
To achieve these objectives The National Assembly of the Czechoslovak Socialist Republic decided on this law:
Compensation for damage caused by accidents at work and occupational diseases
Liability for damage caused
(1) If a worker has suffered damage to or death by accident in the performance of his or her employment or in direct connection with him (hereinafter "accident at work '), he shall be responsible for the damage suffered by the undertaking in which the worker was in employment at the time of the accident.
(2) The undertaking in which the worker last worked in an employment relationship is responsible for the damage caused to the worker by the occupational disease under conditions which give rise to an occupational disease which has been affected. Diseases of the profession shall mean diseases listed in the Annex to the Social Security Act or the Regulations issued pursuant to it, if they have occurred under the conditions set out therein.
(3) An accident at work within the meaning of paragraph 1 is not an accident which occurred on the way to and from the worker's employment.
(4) The undertaking is obliged to make good the damage even if the obligations arising from the rules on safety and health at work have been complied with if it does not discharge its responsibilities under § 2 or 3.
(1) The undertaking shall be partly exempt from liability if it proves that the disabled worker has infringed, through his fault, the rules on safety and health at work or orders, prohibitions and other instructions to ensure safety and health at work, although they have been properly informed and their knowledge and compliance have been controlled and required, and that the breach was one of the causes of the damage.
(2) If the undertaking withdraws part of its liability, the part of the damage borne by the worker shall be determined according to the degree of its fault. However, if there is a further cause of damage to an undertaking's infringement of the rules on safety and health at work, or failure to comply with the mandatory instructions given by the undertaking, by State professional supervision or by the supervisory authorities of the Revolutionary Trade Union Movement for Safety and Health at Work, the part of the damage which it is obliged to replace the undertaking must always be higher than that borne by the worker himself.
The undertaking shall be fully relieved if it proves that the damage was caused solely by the failure of the disabled worker to comply with the safety and health regulations at work or orders, prohibitions and other instructions to ensure safety and health at work, although they have been properly informed and their knowledge and compliance have been controlled and required.
Where a worker's actions are aimed at averting direct life or health risks or preventing economic damage, the undertaking may not discharge itself, even if the worker has acted in the manner set out in § 2 (1) or § 3, unless the worker has deliberately caused this situation.
Method and extent of compensation
In the event of damage to health caused by an accident at work or occupational disease, the undertaking shall be obliged to reimburse the injured person for the period of incapacity for work lost earnings which have not been paid to the sick person and the cost of the treatment, provided that he has not been provided free of charge, to the extent that he is liable for the damage.
(1) The undertaking shall be obliged to employ a worker who has been injured by an accident at work or occupational disease after the end of his or her incapacity to work in his or her original place of employment or in such a place where the type of work required and working conditions are suitable for him or her due to his or her abilities and health status, and where the worker, even if his or her ability to work is altered, may obtain the earnings he or she had before the accident or occupational disease.
(2) If the undertaking cannot provide the worker with such a job, it shall, in cooperation with the district national committee, provide the worker with such a job in another undertaking.
(1) If the undertaking fails to fulfil the obligations imposed on it in Section 6, or if it provides only a job where the worker cannot obtain the earnings he had before the accident at work or occupational disease, he shall be obliged to compensate the injured person for the loss of earnings; where the injured part-invalidity pension is paid in respect of an accident at work, it shall be entitled to compensation for the loss of earnings if it is not paid by that pension. Compensation for loss of earnings shall be granted to the extent that the undertaking is liable for damage.
(2) The compensation for the loss of earnings, together with the earnings of the injured party and any partial invalidity pension in respect of an accident at work, must not be more than the invalidity pension calculated in accordance with Section 8.
(3) If the net earnings of the injured person after an accident at work or occupational disease, together with any partial invalidity pension, exceed 1200 CZK per month, it shall be paid compensation for the loss of earnings only if it is at least 50 CZK per month.
(4) The compensation for the loss of earnings referred to in the preceding paragraphs is not for a worker who, without cause, refuses to take up the post provided for him.
(1) If, as a result of an accident at work or occupational disease for which the undertaking is wholly responsible, the worker becomes disabled, the invalidity pension is to the highest extent due to social security rules (provision). However, if the undertaking is only partially liable for the damage, the invalidity pension, according to the first sentence, shall be reduced by a proportion of the difference between that invalidity pension and the invalidity pension in an accident at work which would otherwise be attributable to the worker under the social security rules (provision), according to the degree of co-responsibility of the worker.
(2) As long as an invalidity pension is granted to a worker under paragraph 1, he shall not be entitled to the rights of the undertaking under Sections 6 and 7.
(3) The provisions on social security (provision) shall apply to the duration of entitlement to an invalidity pension as determined in accordance with paragraph 1.
To the extent that it is responsible for damage to health caused by an accident at work or an occupational disease, the undertaking is obliged to provide the worker with adequate one-off accident compensation, in order to make it difficult for him to be socially employed and for the pain he has suffered.
(1) If the worker has died as a result of an accident at work or an occupational disease, the undertaking shall be obliged to reimburse the costs of the treatment, unless they have been provided free of charge, and the appropriate costs associated with the burial which have not been reimbursed under the sickness insurance rules, in both cases, to the person who has incurred those costs.
(2) The pensions of the survivors shall be calculated on the basis of an invalidity pension in an accident at work which would be attributable to the deceased pursuant to Article 8.
(3) If the survivors are entitled to the survivor's pension, the firm is obliged to provide a lump sum of 3000 CZK for widows and 5000 CZK for each child.
(4) The enterprise shall be obliged to provide the person who has been fed to the deceased's earnings and who are not entitled to the survivor's pensions and whose nutrition cannot otherwise be adequately secured with what they have missed; the refund may not amount to more than 1600 CZK per month.
(5) Compensation and lump-sum compensation under the preceding paragraphs are granted to the extent that the undertaking is liable for damage.
Compensation for damages to members of single agricultural cooperatives and other persons
(1) Members of single agricultural cooperatives and persons covered by social security for cooperative farmers (hereinafter referred to as "members of the single agricultural cooperative") are responsible for the damage caused by accidents at work or occupational diseases by their cooperative.
(2) The provisions of this Section, with the derogations referred to in the following paragraphs, shall apply to compensation for accidents at work or occupational disease of members of single agricultural cooperatives.
(3) The compensation for the loss of earnings provided for in Article 7, together with the earnings of the injured party and any partial invalidity pension, must not be more than 1600 CZK per month.
(4) If a member of a single agricultural cooperative becomes disabled as a result of an accident at work or an occupational disease, the single agricultural cooperative shall, to the extent that it is responsible for the damage, be obliged to reimburse him for the loss of earnings, unless it is paid by an invalidity pension. The compensation for the loss of earnings may not be more than 1600 CZK per month plus the invalidity pension.
(5) Where a member of a single agricultural cooperative has died as a result of an accident at work or an occupational disease, the single agricultural cooperative shall, to the extent that it is liable for damage, provide the persons referred to in Article 10 (1) and (3) with what they have missed in addition to the compensation referred to in Article 10 (1) and (3), unless it is covered by pension benefits. The compensation, together with the survivors' pensions, may not amount to a total of more than 1600 CZK per month.
(1) The claims for compensation under the provisions of this Section are also due to accidents at work and diseases in the profession of apprentices, members of production cooperatives, members of the armed forces and members of the Security Corps of the Ministry of the Interior, students of universities and scientific (artistic) aspirants, pupils of basic nine-year schools and secondary schools, as well as persons working for socialist organisations in a similar proportion to those of the Ministry of the Interior, students of universities and of scientific (artistic) aspirants, as defined by the Central Council of Trade Unions.
(2) The persons referred to in paragraph 1 shall be responsible for the undertaking for which they were active.
(3) In the case of persons called upon to serve in the armed forces whose employment vis-à-vis the undertaking for the duration of that service, the undertaking shall fulfil the obligations laid down in Article 6. However, the Ministry of National Defence and the Ministry of Interior are obliged to cooperate in the placement of such persons under Section 6 (2) and to provide compensation for lost earnings under Section 7.
Application of claims for damages
The claim for compensation under this Section of the Act shall be suspended in three years from the date on which the accident at work occurred or an occupational disease was detected. However, the limitation period shall not end until six months have elapsed since the victim became aware of the damage suffered.
Any agreements between a worker and an undertaking or a declaration by a worker giving up his rights under this law in advance shall be inadmissible and invalid.
(1) The claim for compensation applies to the undertaking. The company is obliged to discuss the damages with the race committee of the Revolutionary Trade Union Movement's basic organisation, no later than 15 days after the date on which the injured party has claimed the claim. If it has not come to such consideration within the prescribed time limit, this shall not prevent the dispute concerning that entitlement from being heard and decided on.
(2) Disputes on compensation shall be decided by the arbitration authorities where they are competent under the special rules governing labour disputes, *) where appropriate by the courts.
(3) An action under this section of the Act may be brought by the injured party not only in the court competent under the civil order but also in the court in whose jurisdiction the damage was caused.
(1) The provisions of this section of the Act do not exclude liability under other legislation.
(2) Even in cases where claims are made under other rules for damages caused by accidents at work or occupational diseases against an undertaking, the provisions of paragraphs 5 to 15 apply, and in cases where such claims are made against a person other than an undertaking, paragraphs 5 to 14 and 15 (3) apply mutatis mutandis.
Reimbursement of medical care costs, sickness and pension benefits (provision)
(1) If the obligations arising from the rules on safety and health at work or mandatory guidelines of the undertaking have not been complied with by the State's professional supervision or by the authorities of the Revolutionary Trade Union Movement on Safety and Health at Work and have been caused by damage to or death, that undertaking, even if the injured person has not been in employment, shall be obliged to reimburse the State for the cost of medical care, as well as sickness insurance benefits (sickness benefits in the armed forces) and pension insurance (provision) provided for this reason; the undertaking does not have this obligation if the injured party has caused damage to or death solely by violating the rules on safety and health at work.
(2) Where damage to health or death has been caused by a defect in the machine or other operating equipment, the obligation laid down in paragraph 1 shall also apply to the undertaking which supplied or repaired the defective machine or other operating equipment.
(3) The circumstances relevant to the absence of an undertaking's obligation to replace it must be demonstrated by the undertaking.
In the absence of a case referred to in § 17, but the undertaking is liable under this law for damage caused by an accident at work or occupational disease, it is obliged to replace the State with the difference between the invalidity pension calculated under § 8 and the invalidity pension in respect of an accident at work which would belong to the worker under the social security rules (provision); for pensions of survivors, the difference by which these pensions were increased because they had to be calculated from the invalidity pension in accordance with § 8.
(1) Those who, under the Civil Code, are liable for the damage because they intentionally or negligently have damaged or caused death, or who, under the rules on liability for damage caused by means of transport, is liable for damage caused to health or death, are obliged to compensate the State for the cost of medical care, as well as sickness insurance (sickness benefit and sickness benefit in the armed forces) and pension benefits (provision) provided for this reason, to the extent appropriate to its liability to the injured party.
(2) If a citizen is liable for damage under the Civil Code and not for damage to or death caused intentionally or in intoxication, the amount of compensation for costs and benefits may not exceed the amount laid down in the rules issued pursuant to Paragraph 23 (1).
Reimbursement of pension benefits (provision) under § 17 to 19 must be paid at capital value, calculated according to actuarial principles, if requested by the social security authority (provision).
(1) The claims for reimbursement of the costs and benefits referred to in paragraphs 17 to 19 shall be barred in three years. limitation period
(a) if the costs of medical care are incurred, from the date of cessation of treatment,
(b) if sickness insurance benefits are involved, from the date of the last payment of such benefits; and
(c) if there are pension benefits (provision), from the date on which the social security authority (provision) first provided the benefit.
(2) In the joint application of the costs and benefits claims referred to in paragraphs 17 to 19 of the same event, none of the claims claimed shall be deemed to have been barred if the limitation period for at least one of them runs.
The district national committees shall decide on the claims for reimbursement of costs and benefits pursuant to paragraphs 17 to 19.
(1) The Ministry of Health, the State Social Security Office and the Central Council of Trade Unions may, in agreement with the Ministry of Finance and the participating central authorities, lay down the details of paragraphs 17 to 19, in particular the rates of reimbursement of medical care costs, the method of joint application of medical care costs and sickness and pension benefits, and the conditions under which such reimbursement and costs may be waived in whole or in part, as well as the arrangements for management in these matters.
(2) The State authorities, the authorities of the Revolutionary Trade Union Movement, as well as all undertakings, are required to provide, within the limits of their competence, the communications necessary for the application and recovery of the costs and benefits referred to in paragraphs 17 to 19.
Provisions common and final
Where the injured party has been incorrectly or accidentally paid the compensation amounts referred to in Section I, they may be recovered only if he has known the injured party or had to assume from the circumstances that they are amounts wrongly determined or wrongly paid.
The undertaking responsible for damage caused by an accident at work or an occupational disease which has made good the damage to the victim or which has made good the difference between the invalidity pensions referred to in Paragraph 18 shall be entitled to compensation against the person responsible for such damage under other rules, to the extent appropriate to that liability against the injured person.
(1) The fault of the undertaking is considered not only the fault of its bodies, but also the fault of the workers (members) in carrying out the duties of the undertaking. In such cases, the claim for compensation or the claim for reimbursement of the costs and benefits referred to in paragraphs 17 to 19 may only be claimed against the undertaking and not against the worker (s).
(2) Workers (members) whose fault is attributed to an undertaking correspond only to that undertaking, to the extent and under the conditions laid down in specific provisions. *)
(1) Regulations on safety and health at work are regulations on the protection of the life and health of workers, regulations on hygiene and anti-epidemic, technical standards on safety and health at work, regulations on transport, regulations on fire protection and regulations on the handling of flammable substances, explosives, weapons, poisons and harmful substances and radioactive substances, in so far as they regulate matters relating to the protection of life and health. The rules on safety and health at work shall also be considered to be the rules on safe and healthy work and the technical rules on safety and health at work issued by the Central Authority or with the agreement of the Race Committee of the Revolutionary Trade Union Movement; the rules issued by the undertaking are further required to be recognised as a regulation on safety and health at work by a higher body of the Revolutionary Trade Union Movement.
(2) When assessing whether a worker who has suffered an accident at work or an occupational disease has infringed the rules on safety and health at work, it is not possible to invoke only the general provisions under which everyone is to act in such a way as not to endanger his or her health and the health of others.
(3) Orders, prohibitions and other guidelines for the protection of health and safety at work are specific instructions given to the worker by the undertaking's authority.
The obligations and rights of an undertaking under this law are also exercised by other socialist organisations and by everyone with whom they work.
Save as otherwise provided in this law, general provisions shall apply to compensation for damage to which it applies.
(1) In agreement with the Ministry of Health, the State Social Security Office and other participating central authorities, the Central Council of Trade Unions will issue the provisions necessary for the implementation of this Act, which may also determine the amount by which one-off accident compensation may be granted (Section 9), the extent of the compensation and the way in which it is provided for apprentices, students of higher education institutions and pupils of basic nine-year schools and secondary schools, as well as workers whose earnings prior to the accident at work or occupational disease were significantly higher than the average annual earnings applicable to the assessment of their invalidity pension.
(2) The Ministry of Health and the State Social Security Office shall, in agreement with the Central Council of Trade Unions and with the other central authorities involved, provide for the determination of the amount of one-off accident compensation in individual cases.
(3) The Ministry of National Defence and the Ministry of Interior shall, in agreement with the Central Council of Trade Unions, issue regulations for the implementation of this Act in their field of competence; they may also provide for the necessary derogations.
(1) The provisions of this Act also apply to claims for damages and claims for reimbursement of costs and benefits under § 17 to 19, incurred between 1 January 1957 and 31 January 1962, provided that, before 1 February 1962, they were not definitively decided by a court or arbitration body or an agreement was not reached; the jurisdiction of the District National Committees under Section 22 shall not apply to proceedings brought before the Court before 1 February 1962.
(2) Benefits for the reimbursement of future earnings which have been granted to the worker by a court or arbitration body, or provided for in an agreement pursuant to Act No. 58 / 1956 Coll., on compensation for accidents at work, and on the reimbursement of medical care costs and sickness and pension insurance benefits, and which are due after 31 January 1962, must not, together with the earnings of the worker following an accident at work or occupational disease and any pension benefits, be more than 2200 Kčs monthly.
Act No. 58 / 1956 Coll., on compensation for accidents at work and on reimbursement of medical care costs and sickness and pension benefits is hereby repealed.
This Act shall take effect on 1 February 1962.
Novotný v. r.
Fierlinger v. r.
Broad v. r.
*) Act No. 37 / 1959 Coll., on the status of the race committees of the basic organizations of the Revolutionary Trade Union Movement, and the Order of the Central Council of Trade Unions No. 184 / 1959 Ú. l.
*) Act No. 71 / 1958 Coll., on obligations to make good damage caused by an employee in breach of employment obligations, and Act No. 49 / 1959 Coll., on uniform agricultural cooperatives.
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Regulation Information
| Citation | Act No. 150 / 1961 Coll., on compensation for accidents and occupational diseases |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.12.1961 |
|---|---|
| Effective from | 01.02.1962 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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