Act No. 30 / 1965 Coll.
Law on compensation for accidents at work and occupational diseases
Valid
Effective from 01.05.1965
30
THE LAW
of 25 March 1965
on compensation for accidents at work and occupational diseases
Continuous deepening of care for safety and health at work requires organisations to ensure working conditions for their workers in which workers can perform their work without endangering life and health, thereby creating conditions for effective accident prevention. Workers contribute to this objective by consistently fulfilling the obligations imposed on them by the rules on safety and health at work.
The regulation of compensation for accidents at work and occupational diseases is also an important contribution to increasing accident prevention. However, if this adjustment is to become an effective tool for the education of workers for safe work, it is necessary to strengthen awareness of greater responsibility and discipline for both managers and other workers, and to make the whole collective of workers significantly involved in creating the most favourable conditions for safe work, which will be particularly important in terms of new management of the national economy.
The compensation for accidents at work and occupational diseases based on these principles must also 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 to do so and that they and their families are provided with a sufficient standard of living in the event of damage to their health.
To achieve these objectives The National Assembly of the Czechoslovak Socialist Republic decided on this law:
Preliminary provisions
(1) The organisation is obliged to employ a worker who has been injured by an accident at work or an 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 his or her medical condition and where the worker, although his / her ability to work is altered, may earn a profit before the accident at work or the detection of an occupational disease.
(2) If the organisation cannot provide such a job, it shall provide it to the worker in cooperation with the District National Committee in another organisation.
(3) If a worker has suffered an accident at work or has been diagnosed with an occupational disease and the organisation is responsible for the damage caused by it under other provisions, it shall, in the event of failure to fulfil the obligations laid down in the preceding paragraphs, replace the damage suffered by the worker.
Compensation for damage caused by accidents at work and occupational diseases
Liability for damage caused
(1) If, in the performance of the duties, or directly related to the worker, the worker has suffered injury or death by accident (hereinafter referred to as "accident at work '), the worker shall be responsible for the damage caused by the organisation in which the worker was in employment at the time of the accident.
(2) Damage caused to an occupational disease worker shall be the responsibility of the organisation for which the worker last worked before being found in employment under conditions which give rise to an occupational disease which has been affected. If the organisation has been abolished and its rights and obligations have not been transferred to another organisation, the State is responsible for the damage. Occupational diseases are diseases referred to in the social security rules, if they arise under the conditions laid down in those rules. *)
(3) An accident at work is not an accident that occurred to the worker on the way to and from the job.
(4) The organisation shall be obliged to make good the damage even if it has complied with the obligations arising out of the rules on safety and health at work, unless liability is waived under § 3.
(1) The organisation shall be released from liability in full if it proves that:
(a) the damage was caused by the disabled worker having infringed, by his fault, the rules or guidelines for ensuring safety and health at work, although he was well acquainted with them and their knowledge and compliance were consistently required and controlled; or
(b) the damage was caused by the disabled worker's drunkenness and the organisation could not prevent the damage and that these facts were the only cause of the damage.
(2) The organisation shall be partly relieved if it proves that:
(a) the disabled worker has infringed, through his fault, the rules or guidelines for ensuring safety and health at work, although he has been properly informed of them, and that the breach was one of the causes of the damage;
(b) one of the causes of the damage was the drunkenness of the disabled worker,
(c) the worker has suffered damage because he has acted in contravention of his usual behaviour in such a way that it is clear that, although he has not infringed regulations or instructions to ensure safety and health at work, he has acted recklessly and has had to be aware, given his qualifications and experience, that he may cause injury or an occupational disease.
(3) When assessing whether a worker has infringed the rules on safety and health at work [paragraph 1 (a) and paragraph 2 (a)], it is not possible to rely only on the general provisions under which everyone is to act in such a way as not to endanger the health of his or her or others.
(4) A reckless conduct [paragraph 2 (c)] cannot be regarded as a normal negligence and behaviour resulting from the risk of work.
If the organisation of liability is partially discharged (§ 3 (2)), the part of the damage borne by the worker shall be determined according to the extent of its fault; However, in the case referred to in § 3 (2) (c), the organisation shall pay at least one third of the damage.
An organisation may not be relieved of liability if the worker has suffered an accident at work in the event of a deterrent to that organisation or a danger directly to life or health.
Method and extent of compensation
A worker who has suffered an accident at work or who has been diagnosed with an occupational disease shall, to the extent that he is responsible for the damage, be obliged to pay compensation for:
(a) loss of earnings;
(b) pain and discomfort in social application;
(c) the cost of the treatment;
(d) material damage.
Compensation for loss of earnings during the period of incapacity of the worker shall be the difference between the average earnings of the worker before the accident at work or before the detection of an occupational disease and the full amount of the sickness which, under the sickness insurance rules, would be due to him during non-constitutional treatment.
(1) Compensation for loss of earnings after invalidity or recognition of full or partial invalidity shall be the difference between the average earnings of the worker before the accident at work or before the detection of an occupational disease and its earnings after an accident at work or after the detection of an occupational disease plus any invalidity or partial invalidity pension granted for the same reason. The increase in disability pension for helplessness shall not be taken into account.
(2) The compensation for the loss of earnings, together with the earnings of the disabled worker and any invalidity or partial invalidity pension provided for in an accident at work, may not exceed the amount of CZK 2,200 per month per month per worker during the period of the accident at work or the detection of an occupational disease classified under the social security rules in the first working category, the amount of CZK 1,800 per month per month per working category and the amount of CZK 1,600 per month per third working category.
(3) A worker who refuses to take up work provided for him without serious reasons (Paragraph 1) is entitled to compensation for the loss of earnings referred to in the preceding paragraphs only for the difference between the average earnings before the accident at work or the detection of an occupational disease and the average earnings he may have achieved on the work he has obtained.
(4) The Ministry of Health provides in an agreement with the Central Council of trade unions in which occupational diseases are compensated for loss of earnings after incapacity for work only for as long as the disabled worker is able to obtain the original earnings.
Compensation for the pain and for the inconvenience of social application arising from an occupational injury or occupational disease shall be granted on a one-off basis.
(1) If a worker has suffered material damage as a result of an accident at work or an occupational disease, only the actual damage shall be paid in cash, unless the organisation makes up for it in the previous situation.
(2) In determining the amount of damage to the case, it is based on its price at the time of the damage.
(1) If the worker has died as a result of an accident at work or an occupational disease, the organisation shall, to the extent of its responsibility:
(a) reimbursement of the costs of its treatment;
(b) reimbursement of reasonable funeral costs;
(c) reimbursement of maintenance costs for survivors;
(d) one-off compensation for survivors.
(2) The claims resulting from the preceding paragraph are not dependent on the worker's claim for compensation within the prescribed period. However, they must be applied within the period laid down in Paragraph 18 (1).
The costs of treatment and the costs of burial shall be borne by those who incurred them. The funeral costs shall be deducted from the death grants provided under the sickness insurance rules.
(1) Reimbursement of the costs of the maintenance of the survivors is due to the survivors to whom the deceased provided or was obliged to provide.
(2) The calculation of this refund shall be based on the average earnings of the deceased; However, account shall be taken of the amount by which this average profit exceeds the limits referred to in § 8 (2).
(3) The reimbursement of costs is due where it is not covered by pension benefits provided for the same reason. Such benefits shall be deducted from the amount corresponding to the amount of allowances for children previously granted.
One-off compensation belongs to the spouse and the child entitled to an orphan's pension. The child belongs to 5000 Ccs, the other entitled to 3000 Ccs. In justified cases, a lump sum of 3000 CZK may also be awarded to the parents of the deceased.
(1) The claims for compensation under the provisions of this Section also apply to accidents at work and diseases in the profession of apprentices, members of production cooperatives, members of uniform agricultural 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 and secondary schools, as well as persons who are active for socialist organisations in a proportion similar to that of a member of a single agricultural cooperative and other persons, as determined by the Central Council of Trade Unions.
(2) The persons referred to in the preceding paragraph shall be responsible for the damage to the organisation for which they were active.
(3) For persons called upon to serve in the armed forces whose employment vis-à-vis the organisation for the duration of that service, the Ministry of National Defence and Interior shall cooperate in the placement of such persons in accordance with Section 1.
The claim for compensation shall apply to the organisation. The organisation is obliged to discuss damages with the race committee of the Revolutionary Trade Union Movement's basic organization, no later than 30 days after the application of the organisation's claim. In the absence of such a hearing, this shall not prevent the dispute from being heard and decided upon.
Any agreements between a worker and an organisation or a declaration by which a worker gives up his rights under this law in advance shall be void.
(1) The claim for compensation shall be suspended if it has not been lodged with the arbitration body or, where appropriate, in the court, within one year of the date on which the injured party became aware of the damage and who is responsible for it.
(2) The limitation shall be taken into account by the arbitration body or by the court only if it is objected. If the injured party claims the appeal before the arbitration authority or the court and the proceedings initiated are properly continued, the limitation period shall not run from that application until the proceedings have been initiated.
The claims of the worker for compensation, with the exception of claims for compensation for pain and for difficulties in social application, do not disappear and become part of the inheritance.
Common provisions
If the amounts intended for compensation have been paid incorrectly or by mistake, they may be recovered only if the injured party knew or had to assume from the circumstances that they were amounts wrongly determined or wrongly paid. The organisation may require the repayment of such amounts within one year of the date on which it finds that the amounts have been determined by mistake or have been wrongly paid, but not more than three years after their payment.
(1) An organisation which has replaced the injured party shall be entitled to compensation against the injured party who is liable under the Civil Code, to the extent appropriate to that liability against the injured party, unless otherwise agreed in advance. The claims of organisations for compensation under labour law are without prejudice to this.
(2) Where there is a claim for compensation for damage caused by an occupational disease, the organisation which has replaced the damage shall be entitled to compensation against all organisations in respect of which the worker has worked in employment under conditions which give rise to an occupational disease which it has suffered, to the extent appropriate to the period during which he has worked with those organisations under those conditions.
The provisions of the Civil Code shall apply, in the alternative, unless otherwise provided for in that law or regulation.
If the circumstances of the injured party change substantially, or if the conditions which were decisive for determining the amount of compensation are no longer fulfilled, the injured party and the organisation may request changes in their rights or obligations as appropriate.
(1) Regulations on safety and health at work are regulations on the protection of the life and health of workers, hygiene and anti-epidemic rules, technical standards, transport regulations, fire protection rules and regulations on the handling of flammable substances, explosives, weapons, poisons, harmful substances and radioactive substances, provided that they regulate conditions relating to the protection of life and health.
(2) The rules on safety and health at work issued by a central authority or issued by an organisation with the prior approval of the race committee of the basic organization of the Revolutionary Trade Union Movement shall also be considered as regulations on safety and health at work; In addition, rules issued by organisations are required to be recognised as a regulation on safety and health at work by a higher authority of the Revolutionary Trade Union Movement.
(3) The instructions for ensuring safety and health at work are specific instructions given to the worker by his superiors.
Invalidity pension, partial invalidity pension and survivor's pension are those pensions without deducting any special pension tax.
The obligations and rights of the organisation under this law shall also be exercised by everyone with whom persons working are employed.
(1) The Central Board of Trade Unions shall, in agreement with the participating central authorities, lay down the provisions necessary for the implementation of this Act, in which it may also provide for the derogations necessary to determine the extent of the compensation and the manner in which it is to be provided for apprentices, students, pupils, young age workers, pensioners and persons referred to in Article 15.
(2) The Ministry of Health, the State Social Security Office and the Central Council of Trade Unions shall, in agreement with the other central authorities involved, determine the amount by which compensation may be granted for the pain and for the inconvenience of social application and shall provide for the determination of the amount of compensation on a case-by-case basis.
(3) In agreement with the Central Council of Trade Unions, the Ministry of National Defence and Interior will issue regulations for the implementation of this Act in their field of competence; they may also provide for the necessary derogations.
(1) The claims for compensation for accidents at work which occurred before the date of application of this Act and for occupational disease found before that date shall be assessed in accordance with the existing rules. Similarly, the claims of survivors and dependants on the earnings of the disabled worker who died before that date shall be assessed. However, the claims of workers for compensation for loss of earnings and the claims of survivors for loss of nutrition to be decided on this date shall be assessed in accordance with this law.
(2) From the date of entry into force of this Act, the social security benefits awarded in connection with accidents at work shall be assessed only at the level resulting from social security rules.
The limitation periods which began to run before the date of the entry into force of this Act but have not expired until that date will expire on 30 April 1966.
Act No. 150 / 1961 Coll., on compensation for accidents and occupational diseases is hereby repealed.
This Act shall take effect on 1 May 1965.
Novotný v. r.
Laštovka v. r.
Lenárt v. r.
*) Annex No 1 to Decree No. 102 / 1964 Coll., implementing the Social Security Act.
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Regulation Information
| Citation | Act No. 30 / 1965 Coll., on compensation for accidents at work and occupational diseases |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 06.04.1965 |
|---|---|
| Effective from | 01.05.1965 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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