What is Act No. 266 / 2006 Coll.?

Act No. 266 / 2006 Coll., on staff accident insurance — Staff accident insurance law.

When it became Act No. 266 / 2006 Coll. effectiveness?

Act No. 266 / 2006 Coll. became effective 01.01.2017.

Is Act No. 266 / 2006 Coll. still valid?

Yes, Act No. 266 / 2006 Coll. is still valid and effective.

How many times was it Act No. 266 / 2006 Coll. amended?

Act No. 266 / 2006 Coll. has 15 time versions of the text.

Act No. 266 / 2006 Coll.

Staff accident insurance law

Valid Law Effective from 01.01.2017

Text versions: 01.01.2017 01.10.2015 29.08.2014 01.01.2013 21.12.2012 All versions (14)

ČÁST PRVNÍ § 1 § 2 § 3 § 4 § 5 § 6 § 7 § 8 § 9 § 10 § 11 § 12 § 13 § 14 § 15 § 16 ČÁST DRUHÁ § 17 § 18 § 19 § 20 § 21 § 22 § 23 § 24 § 25 § 26 § 27 § 28 § 29 § 30 § 31 § 32 § 33 § 34 § 35 § 36 § 37 ČÁST TŘETÍ § 39 § 40 § 41 § 42 § 44 § 45 ČÁST ČTVRTÁ § 46 § 47 § 48 § 49 § 50 § 51 § 52 § 53 ČÁST PÁTÁ § 54 § 55 § 56 § 57 ČÁST ŠESTÁ HLAVA I § 58 § 59 § 60 HLAVA II § 61 ČÁST SEDMÁ HLAVA I § 62 § 63 § 64 HLAVA II § 65 § 66 § 67 HLAVA III § 68 § 69 § 70 HLAVA IV § 71 § 72 § 73 § 74 § 75 § 76 § 77 § 78 HLAVA V § 79 § 80 § 81 § 82 ČÁST OSMÁ HLAVA I § 83 § 84 § 85 HLAVA II § 86 § 87 § 88 § 89 § 90 HLAVA III § 91 § 92 § 93 § 94 § 95 HLAVA IV § 96 § 97 § 98 § 99

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266

THE LAW

of 25 April 2006

on staff accident insurance

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

GENERAL PROVISIONS

§ 1

Subject matter

(1) This law regulates the legal relationship of workers' accident insurance in the event of damage to the health of workers by accidents at work or occupational diseases 1) ("accident insurance ').

(2) This law shall apply to legal relations which are not covered by the directly applicable European Community rules in the field of accident insurance.

§ 2

Accident insurance authorities

The accident insurance authorities are:

(a) the Ministry of Labour and Social Affairs ("the Ministry"),

b) Czech Social Security Administration,

§ 3

Heading of insured persons

(1) When the conditions laid down in this Act are met, the staff involved in the accident insurance are:

(a) staff in employment;

(b) civil servants under Staff Code 2),

(c) members of a cooperative in cooperatives where membership is a condition of their working relationship with the cooperative if, outside of the employment relationship, they work for the cooperative for the work for which they are remunerated;

(d) staff working on the basis of work agreements outside the employment relationship;

(e) workers working in a labour relationship under foreign law operating in the Czech Republic;

(f) Judges,

(g) members of the councils of the local authorities and of the urban areas or urban districts of the territorial subdivisions of the statutory cities and of the capital of Prague, who are long-term vacant for the performance of their duties or who, before being elected to the office of a member of the council, did not have an employment relationship but performed a function to the same extent as the long-term release members of the council;

(h) Members of the Chamber of Deputies, Senators of the Senate of the Parliament of the Czech Republic,

(i) members of the Government, the President, the Vice-President and members of the Supreme Audit Office, members of the Broadcasting Council, members of the Council of the Czech Telecommunications Office, President of the Energy Regulatory Office, Financial Arbiter, representative of the Financial Arbiter, Ombudsman and representative of the Ombudsman,

(j) persons appointed or elected under a special law as Head of Administration or as a statutory body of a legal person established by a special law, or, where applicable, as a representative of that management or statutory authority, if that management or statutory authority is only one person and the appointment or election of such persons does not give rise to an employment or service relationship, and natural persons who, under the special law, perform a public function outside the employment or employment relationship, provided that their employment relationship is covered by the Labour Code to a specified extent and are not listed under (f) to (i);

(k) volunteer staff of the care service,

(l) childcare persons and persons who are kept in the register of persons who may pursue foster care for a transitional period, provided that such persons are paid by a foster child's remuneration under the Social Protection Act (3);

(m) a conviction in the execution of a prison sentence and a person in the exercise of a security detention in the work;

(n) persons engaged in a relationship with the content of an employment relationship but who did not have an employment relationship because the conditions laid down in the employment law for its establishment were not fulfilled.

(2) Staff members are involved in accident insurance when they are engaged in employment

(a) within the territory of the Czech Republic; temporary employment outside the territory of the Czech Republic, if the place of employment is permanently in the Czech Republic, is considered to be employment in the Czech Republic, or

(b) abroad for employers established in the territory of the Czech Republic, where the place of employment is permanently abroad and is not compulsorily insured under the law of the State in which they continue to work and have, with the exception of nationals of other Member States of the European Union (hereinafter referred to as "the Member State"), permanent residence in the territory of the Czech Republic.

(3) Where a staff member carries out more than one job, each of which is based on participation in accident insurance, he shall be insured from each of those jobs.

§ 4

Removal of staff from accident insurance

Staff employed in the Czech Republic are excluded from accident insurance

(a) an employer who enjoys diplomatic privileges and immunities when participating in accident insurance in another State;

(b) an international organisation where they participate in accident insurance through this international organisation and declare in writing to the Czech Social Security Administration that they wish to be excluded from accident insurance in the Czech Republic for this reason; This declaration is made by employees of the Czech Social Security Administration through the international organisation for which they work.

§ 5

Establishment and termination of accident insurance

(1) Accident insurance is incurred by the staff member referred to in § 3

(a) points (a) and (e) of the day on which he began work and shall expire on the date of termination of his employment;

(b) point (b) of the date of entry into service and shall expire on the date of termination of service;

(d) (d) on:

1. In which, for the first time after the conclusion of the employment agreement, he began to carry out the work he had contracted and expires on the date of expiry of the period for which the agreement was concluded,

2. where, after the conclusion of the agreement on the performance of the work, he began to carry out the work agreed on and ceases to be the day on which he ceased the work;

(e) point (f) of the date on which the Judge takes office and ceases to be a judge;

(f) point (g) of the date from which the remuneration for the performance of the duties paid to the members of the representatives of the local authorities and the representatives of the urban areas or urban districts of the territorial subdivisions of the statutory cities and of the capital of Prague who are long-term vacant for the performance of the duties or who have not been in employment before being elected to the office of the member of the council, but who shall perform the functions to the same extent as the long-term release members of the council, and shall expire on the date from which such remuneration does not apply. If the current mayor performs the duties after the expiry of the term of office until the date of the opening of the meeting of the newly elected representative and receives the remuneration referred to in the first sentence, he shall continue to participate in the accident insurance for as long as the remuneration is due to him; this applies mutatis mutandis to the county captain and mayor of the capital city of Prague,

(g) point (h) of the date of election and shall expire on the date of expiry of the term of office or, where appropriate, on the date of expiry of the mandate;

(h) points (i) and (j) of the date of taking up office and shall expire on the date of termination of office;

(i) point (l) of the day on which the remuneration of a foster child is due under special legislation (3) and shall expire on a date from which that remuneration does not fall for reasons other than temporary incapacity for work or quarantine ordered;

(j) point (m) of the date of inclusion and shall expire on the date of removal from work;

(k) point (n) of the day on which the work begins and expires.

(2) If, during the duration of the accident insurance, the staff member takes up the execution of a custodial sentence or the execution of a security detention order, the current accident insurance shall cease to exist on the date on which the detention sentence or the execution of the detention detention order takes effect and shall be renewed on the date of entry into employment or post after the execution of the detention order.

§ 6

Authorised

The beneficiary is the survivor, the person who has incurred the costs of the treatment referred to in Article 25 and the person who has incurred the costs of the funeral referred to in Article 26.

§ 7

Employer

The employer is a legal person, natural person or organisational entity of a State which, under sickness insurance legislation, is considered to be an employer or which employs at least one person employed in an employment relationship or on the basis of an employment agreement which does not constitute a participation in sickness insurance, or at least one person employed under an employment agreement and a service office in which a civil servant is classified as a public service.

§ 8

Identifying information of the staff member and authorised

The identification details of the staff member and the authorised person shall be:

(a) the name and, where appropriate, the names,

(b) surname and, where appropriate, maiden name;

(d) the birth number or date and place of birth, if the birth number has not been assigned,

(e) residence, where the residence is:

1. for a national of the Czech Republic, the address of the permanent residence in the Czech Republic,

2. in the case of a foreigner (5) who is a citizen of a Member State or its family member, the address of a permanent or temporary residence in the territory of the Czech Republic and, if he does not have such residence, the address of the place where he usually resides in the territory of the Czech Republic,

3. in the case of a stranger who is not a citizen of a Member State or his family member, the address of the place of permanent residence in the Czech Republic.

§ 9

Competent physician

The appropriate physician shall mean:

(a) a health service provider providing its doctors with medical services for accidents at work;

(b) in the case of an occupational disease, the provider of health services authorised to recognise occupational diseases under a special legislation (6).

§ 10

Work accident

(1) An accident at work means damage to health or death caused by workers, regardless of their will, by the short-term, sudden and violent action of external influences or their own physical force in the performance of their duties or in direct connection with them.

(2) The performance of the duties shall be the performance of the duties, other activities carried out at the employer's orders and the activity which is the subject of the mission. In the case of a foreign working (service) journey, it means the period of the working (service) journey from the Czech Republic to abroad, from abroad to the Czech Republic and the period of the working (service) journey abroad. The work shall also be carried out by an employer at the initiative of a trade union organisation, staff councils, a representative in the field of safety and health at work or of other staff members, and, where appropriate, by an own-initiative activity where the employee does not need a specific authorisation or does not act against the explicit prohibition of the employer, as well as voluntary assistance organised by the employer.

(3) In direct connection with the performance of work tasks, the actions needed to perform the work and the actions during the work are normal or necessary before or after the work has begun and the actions usual at the time of the break for food and rest held in the employer's premises. However, such actions are not a journey to and from employment, meals, treatment or, where appropriate, an examination with the health service provider, or a journey back and forth, unless it is carried out in the employer's premises. Medical examinations, vaccinations, examinations and diagnostic tests to which the staff member must undergo, in accordance with the labour law, first-aid treatment and the journey back and forth are directly related to the performance of the duties. Travel to and from the place of employment means a journey from the place of the employee's residence (accommodation) to the place of entry into the employer's premises or to another place to perform the duties and return; for employers in forestry, agriculture and construction, also a journey from residence to a designated assembly site and back.

(4) The journey from the municipality of residence of the worker to the workplace or to the place of accommodation in another municipality, which is the object of the business trip, unless the municipality is at the same time its regular place of work, and back shall be considered as necessary before or after the beginning of work.

(5) The accident at work shall also be considered as an accident suffered by the staff member for the performance of his duties.

§ 11

Professional illness

(1) Occupational diseases are diseases arising from the adverse effects of chemical, physical, biological or other harmful factors relating to work, provided that they are included in the list of occupational diseases referred to in Annex 1 to this law and that they are present under the conditions under which the occupational disease arises and have reached a clinical degree of severity recognised as an occupational disease.

(2) An occupational disease shall also be considered as a disease arising before its inclusion in the list of occupational diseases, since its inclusion in the list and for a maximum period of 3 years before its inclusion in the list.

(3) The recognition of occupational diseases for accident insurance purposes is carried out by health service providers under special legislation6).

§ 12

Pain

Pain means physical and mental distress caused by injury to the health of a work accident or occupational disease.

§ 13

Difficulty in social application

Difficulties in social application are the adverse effects of damage to health by accidents at work or occupational diseases and their consequences, which are of a lasting nature, on the social application of an employee, in particular on the satisfaction of his living, working, educational and social needs.

§ 14

Health damage

(1) Damage to health by accidents at work or occupational diseases (hereinafter referred to as "damage to health") means the consequences on the health of a worker arising from a causal relationship with an accident at work or an occupational disease.

(2) Long-term damage to health is that which, according to scientific knowledge, is expected to last more than one year and expresses the degree of injury.

(3) The level of injury is understood as a percentage of the extent and weight of the long-term injury.

(4) The level of injury is determined as the result of the damage caused by one or more accidents at work or one or more occupational diseases.

§ 15

Calculation basis

(1) The calculation basis for the accident premium shall be the daily assessment basis of the staff member established for the purposes of sickness insurance before health damage occurs, reduced by 23%; the provisions relating to the adjustment of the daily assessment basis (hereinafter the "daily calculation basis') shall not apply.

(2) The basis for calculating the compensation for accidents, the accident rent and the survivor's accident rent is 30 times the daily staff base ("monthly calculation basis").

§ 16

Prevention in accident insurance

(1) Accident insurance prevention means measures aimed at reducing and eliminating the causes of injury caused by accidents at work and occupational diseases.

(2) In order to achieve the objective referred to in paragraph 1, the Ministry shall establish programmes aimed in particular at supporting:

(a) the removal and reduction of risks to health;

(b) advice to prevent damage to health;

(d) awareness and promotion of health and safety at work;

(e) development and research in the field of safety and health at work;

(f) providing information on new knowledge of science and technology in the field of risk assessment and disposal and promoting their dissemination.

(3) Czech Social Security Administration

(a) procures7) and procures8) for the processing of projects for the implementation of programmes referred to in paragraph 2 (hereinafter referred to as "projects") and for the implementation of approved projects;

(b) publish the programmes declared, the award of a public contract, the announcement of competition in science and research and the approved projects in a way that allows remote access;

(4) The location and amount of the means of prevention in accident insurance shall be decided by the Czech Social Security Administration after discussion in the Council of Accident Insurance, within the amount of the funds allocated to accident insurance prevention in the relevant calendar year.

(5) The amount of means of prevention in accident insurance in a calendar year is 6% of the amount of benefits paid in the previous calendar year.

ČÁST DRUHÁ

BENEFITS

§ 17

Types of doses

(1) The following cash benefits are granted from accident insurance:

(a) accident premium;

(b) accident compensation,

(d) painful,

(e) contribution for making social application difficult;

(f) reimbursement of medical costs;

(g) reimbursement of funeral costs;

(h) a one-off allowance to the survivor;

(i) the survivor's accident rent.

(2) Injury insurance may, under the conditions laid down in this Act, also benefit in kind in the form of rehabilitation in accident insurance.

§ 18

Accident premium

(1) A staff member shall be entitled to an accident allowance for compensation for his salary or salary or sick leave if, as a result of the damage to his health, the work of the disabled is temporarily recognised.

(2) The accident premium belongs to the staff member from the first day of temporary incapacity for work until its termination. If, for the duration of temporary incapacity for work, a causal link to the damage to the health of the worker has ceased to exist on the basis of an assessment by the physician concerned, the right to an accident premium shall cease on that date.

(3) Where a staff member carries out more than one job resulting in participation in insurance, the accident allowance shall be granted for each such employment, provided that the staff member has been recognised as being temporarily unfit for work in relation to the damage to health. Similarly, the determination of the injury compensation, the accident rent and the accident rent of the survivor shall be carried out.

(4) The staff member's accident premium is not applicable if the staff member:

(a) compensation for wages or salaries or sick leave is not applicable;

(b) is due to the same damage to the health of the accident, or

(c) after entitlement to the accident compensation has been established, because of the same damage to health, an incapacity for work has occurred.

(5) The amount of the accident allowance to replace the salary or salary shall be determined in the period of temporary incapacity in which the staff member is entitled to compensation for the salary or salary as the difference between the sum of the daily calculation bases for the calendar days of temporary incapacity and the replacement of the salary or salary during that period.

(6) The daily amount of the accident premium to the sick allowance shall be determined as the difference between the daily calculation base and the full daily amount of the sick allowance.

(7) The amount of the accident premium referred to in paragraphs 5 and 6 shall not be altered in cases of reduction or failure to pay or pay compensation, or of reduction or withdrawal of the sickness benefit due to a breach of individual treatment.

(8) Where a staff member engaged in an employment relationship or on the basis of an employment agreement which does not constitute a participation in sickness insurance, or a staff member engaged in work under an agreement to carry out work, at the same time, on the date of the occurrence of the damage to health, he has engaged in an employment involving a participation in sickness insurance, the amount of the accident allowance shall not be taken into account for determining the amount of the income from the activity which does not constitute a participation in sickness insurance. This applies mutatis mutandis to the determination of the accident compensation, the accident rent and the survivor's accident rent.

§ 19

Accident compensation

(1) A staff member is entitled to one-off injury compensation in the event of damage to his or her health if the level of injury exceeds 10% and is below 33%.

(2) A staff member who has been withdrawn from the accident allowance pursuant to Paragraph 34 (1) (a) shall be entitled to compensation if the damage to his health is above 10%. Entitlement to the accident compensation due to the same damage to health shall be granted to the staff member only once. This is also the case when the withdrawn accident rent was provided to employees due to more damage to health.

(3) The amount of the accident compensation is determined as a percentage of the injury rate from 24 times the monthly calculation base.

(4) In the event of an increase in the level of injury within the range referred to in paragraph 1, the staff member shall be entitled to a supplement equal to the difference between the accident compensation that would be due to the newly determined level of injury and the accident compensation paid to the staff member due to the same damage.

(5) Accident compensation shall be granted on the basis of an assessment of the degree of injury from the date of the occurrence of the injury, but not earlier than the day following the date of the end of temporary incapacity for work due to such injury. The same procedure is followed for the granting of an accident rent.

Accident rent

§ 20

(1) A staff member shall be entitled to an accident benefit in the event of damage to his or her health if his or her injury rate is at least 33%.

(2) The accident pension belongs to the staff member until the date before which the old-age pension is granted under the Pension Insurance Act, but no later than the end of the calendar month in which the staff member completed 65 years of age.

§ 21

(1) When the degree of damage to the health of the worker reaches

(a) not less than 33% but less than 66%, the monthly amount of the accident rent shall be determined by a percentage of the injury rate determined in accordance with the implementing legislation, increased by 34% of the monthly calculation base;

(b) at least 66%, the monthly amount of the accident rent shall be determined at the rate of the monthly calculation base.

(2) If employees are entitled to an invalidity pension under the Pension Insurance Act

(a) on the ground that the invalidity is related to the health damage for which the accident benefit is due; or

(b) after entitlement to the accident benefit has been established,

the amount of the accident rent shall be reduced by the amount of the pension; no increase in the pension for helplessness or decrease in the pension payment when it is combined with income from a gainful activity or other pension shall be taken into account.

(3) If the injury rate is changed, a new injury rate shall be calculated from the monthly calculation base at the date of the change in the injury rate.

(4) The accident rent is increased in the same way, at the same amount and at the same time as the percentage rate of pensions under the Pension Insurance Act. If there is no increase in the percentage rate of pension, the accident rent shall be increased in the same way, at the same amount and at the same time as the basic rate of pensions under the Pension Insurance Act.

§ 22

Painful

(1) An employee is entitled to pain for pain caused by injury.

(2) An employee is entitled to additional pain in the event of the same injury in the case of pain caused by treatment or removal of the consequences of injury which have not been taken into account at the level of pain already provided.

(3) Entitlement to pain is granted on the basis of a medical opinion on point evaluation of pain; the amount of the painful fee shall be determined as the product of the number of points and the value of the point referred to in Paragraph 24, adjusted where appropriate on the basis of the check referred to in Paragraph 48 (2) (f).

§ 23

Contribution for making social application difficult

(1) The staff member shall be entitled to an allowance for making social application more difficult because of damage to health.

(2) A staff member shall be entitled to a social benefit allowance in the event of the same damage to health repeatedly if there has been a significant deterioration in the health of the staff member as a result of such damage.

(3) The entitlement to a contribution for the burden of social application is granted on the basis of a medical opinion on a point assessment of the burden of social application; the amount of the allowance shall be determined as the product of the number of points and the value of the points referred to in Article 24, adjusted where appropriate by reference to the control referred to in Article 48 (2) (f).

§ 24

Point value

(1) The value of 1 point for determining the amount of pain and the contribution for making social application difficult is CZK 120.

(2) The Government may, by regulation, increase the value of the point for determining the amount of the pain and the contribution for making social application more difficult.

§ 25

Reimbursement of treatment costs

(1) The relevant district social security administration shall pay the cost effectively incurred for the treatment of an employee due to health damage not covered by public health insurance to the person who incurred those costs.

(2) In particular, the costs incurred in connection with the treatment are those incurred by the employee or entitled to:

(a) reimbursement of medicines;

(b) medical devices 9),

(d) reimbursement of the operations and costs of unpaid health services if they were necessary to eliminate the consequences of damage to health;

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Regulation Information

Citation	Act No. 266 / 2006 Coll., on staff accident insurance
Regulation Type	Law
Author	-
Collection	Code of Laws

Date of Promulgation	07.06.2006
Effective from	01.01.2017
Effective until	-
Status	Valid

Legal Areas: Health and safety at work Social security benefits Wages, salaries, wages, compensation Compensation for damages under labour law Civil law Civil law substantive Labour law Social security law Proceedings in social security matters Social security management Administrative offences Administrative law Constitutional (state) law Diseases, Sickness benefits Fundamental human rights Health

The regulation text is for informational purposes only.