Act No. 33 / 1965 Coll.
Law on the reimbursement of costs incurred by the State from accidents, occupational diseases and other damage to health (Regression Refunds)
Valid
Effective from 01.05.1965
33
THE LAW
of 25 March 1965
on the reimbursement of costs incurred by the State arising from accidents, occupational diseases and other damage to health (on regression refunds)
The company has created the necessary conditions for human life and health to be protected as much as possible in life and work conditions. Nevertheless, there are numerous accidents, occupational diseases and other damage to health, which not only threaten the standard of living of disabled persons and their families, but also cause very significant social damage, in particular burdening the state with considerable costs of social compensation, and possibly mitigating the consequences. At the same time, most of the damage to health is a breach of legal obligations.
These facts show that more than ever, organisations and citizens need to be led in order to comply with obligations linked directly or indirectly to the protection of life and health. One means of such education is to demand that they bear at least part of the costs incurred by society by causing someone harm or death.
Based on these facts, the National Assembly of the Czechoslovak Socialist Republic decided on this law:
(1) If an organisation or a citizen is responsible for causing damage to health or death (hereinafter referred to as "damage to health '), they shall pay the State a regression compensation.
(2) Regression compensation consists of reimbursement of the costs of preventive care, sickness insurance benefits paid and pension benefits, or other costs incurred by the company.
(1) Any breach of the rules on safety and health at work, as well as the disregard of mandatory instructions given in the exercise of supervision under those rules ("the infringement '), shall be considered to be a fault of the organisation if they have been caused in the course of the performance of the tasks of the organisation by those who performed its tasks.
(2) An organisation which has been found to have committed an infringement shall be exempt from the obligation of a regression refund if it demonstrates that the damage to health has been caused solely by the fault of the injured party or that the infringement could not have been prevented even if all the efforts that may be required of it had been made. However, it cannot be relieved of its duty by pointing out that it has complied with the measures of the superior bodies.
(3) If the organisation has demonstrated that the damage could not be prevented because another organisation has failed to fulfil the obligation, it shall have a duty to make a regression refund unless it has demonstrated that it could not fulfil its obligation even if all the efforts that may be required of it have been made.
(4) If the damage to health is a direct consequence of an infringement or failure to fulfil a commitment by several organisations, those organisations shall pay the regression compensation pro rata. This is also true if the damage to health is a direct result of the fault of the organisation and the citizen.
(5) The fault of citizens and their shared responsibility is assessed under the Civil Code.
The amount of the refund shall be fixed:
(a) the cost of preventive care at fixed rates;
(b) the amount of sickness insurance benefits actually paid,
(c) a fixed amount in the case of partial invalidity, invalidity or death of the injured party; in determining this amount, it is based on the capital value of the average invalidity pension (partial invalidity pension) calculated according to the average age of pensioners.
(1) If, in the same plant or at the same workplace, there is a repetition of damage to health caused by the same causes, which the organisation does not care enough to remove, a reasonable premium may be imposed for the regression compensation for such repeated damage to health, but not more than the amount of the regression refund itself. This premium may be imposed only on the proposal of the competent authority for occupational safety and health. A citizen may be entitled to such a supplement if he has caused health damage again intentionally or drunk or under the influence of substances other than alcohol. 1)
(2) Where a citizen is obliged to make a regression refund, the amount of the regression refund may not exceed 20 000 CZK, even with a premium, and if it is due to health damage caused intentionally or in drunkenness or under the influence of substances other than alcohol (1), the amount of 40 000 CZK.
(3) All other provisions on the regression refund also concern the mark-up.
(1) The documents for decisions on regression refunds are prepared and decided on the regression refunds, with the exception referred to in Section 12 (1) of the Regional Institute of National Health, the District Institute of National Health (hereinafter referred to as "National Health Institute") and, in the event of the disappearance of the National Health Institute, a health organisation designated by the District Office, in the City of Prague, the District Office (hereinafter referred to as "District Office").
(2) The local authorities responsible for preparing the supporting documents and deciding on regression refunds shall be the National Health Institute or a designated health organisation in whose district there has been damage due to the obligation of regression compensation. In the case of occupational diseases, the local competent national health institution or designated health organisation in whose district the injured person last worked under the conditions under which the occupational disease arises; This organisation shall discuss the regression compensation in respect of the obligations of all participating organisations (Section 2 (4)).
(3) If the local jurisdiction cannot be determined in accordance with paragraph 2 or if the regression refund is directed against the locally competent national health institution or against the locally competent designated health organisation or the superior district office, the Ministry of Health of the Czech Republic shall determine which national health institution or which designated health organisation shall discuss the regression compensation; Such delegation shall not be reciprocal.
(1) Where the national health institution or the designated health organisation, when preparing the documents for decision-making on regression refunds, finds, in accordance with the results of the investigation carried out, that the obligation for a regression refund is not given, it shall not apply the regression refund and postpone the case. The decision shall not be given in suspensive matters.
(2) If, according to the results of the investigation, the Institute of National Health or the designated health organisation considers that a citizen or organisation is required to receive a regression refund, it shall notify them in writing, stating in particular the reasons for that obligation and the amount of the required regression refund. At the same time, they shall be invited to pay the regression compensation within 15 days, or, where appropriate, to accept the obligation in due cause and above, or to raise objections to the request and its supporting documents within that period, as well as to how they are established.
(3) If, after examination of the objections, the Institute of National Health or the designated health organisation fails to find grounds for postponement, they shall decide on the substance of the case.
(4) The national health institution or designated health organisation shall also issue a decision on a regression refund in cases where a citizen or organisation has recognised the obligation of a regression refund in writing, both as a result and above, but fails to comply with the regression refund.
(1) An appeal against a decision of the National Health Institute or a designated health organisation shall be decided by the Regression Commission of the District Office.
(2) As a special body, the Regression Commission sets up a presenter of the district office, in the capital of Prague the district council.
The National Health Institute, the designated Health Organisation and the Regression Commission of the District Office also decide on the reduction and remission of regression refunds and on the imposition of obligations to pay the costs of regression refunds.
Unless otherwise provided for in this law, decisions on regression refunds shall be taken according to the Administrative Regulation.2)
A uniform procedure for applying and deciding on regression refunds is provided by the Ministry of Health in cooperation with the relevant trade union, the Ministry of Labour and Social Affairs of the Czech Republic and the Ministry of Finance of the Czech Republic; issue the instructions necessary for that purpose.
(1) The right of the State to a regression refund shall cease if three years have elapsed since the first day of the year following the damage to health or an occupational disease has been detected, unless the regression refund has been granted within that period.
(2) Regression refunds granted by law may be recovered no later than three years after the expiry of the period laid down in paragraph 1 for the termination of the right. If the maturity of the regression refund has been deferred until after the expiry of the period for the termination of the right, the recovery period shall only begin from the date on which the maturity was deferred.
(1) With the exception of the regression refunds applied by a body other than the national health institution or a designated health organisation, the regression refunds are payable to the district office, which also manages their yield.
(2) The proceeds of the regression refunds administered by the county authorities shall be used for the financing of facilities and measures to better ensure the protection of life and health, in particular the prevention and treatment of accidents and occupational diseases, whether they are State or organisation facilities and measures.
(3) The application of the yield of the regression refunds referred to in paragraph 2 shall be decided by the district authorities after the hearing of the district social security administration, the competent trade unions, the health services and other national professional occupational safety and health authorities.
(1) The provisions on safety and health at work (Section 2) are the same as those applicable to compensation for accidents at work and occupational diseases for the purposes of this Act.
(2) When assessing whether an organisation has infringed the regulation, it is not only the general provisions under which the organisation is to do everything to avoid harm to health.
(1) An organisation or a citizen whose obligation to make a regression refund is being discussed shall be obliged to provide the necessary synergies, in particular to the Institute of National Health or to a designated health organisation or district office within the prescribed time limit to submit the necessary supporting documents and to comment on the reason for its obligation to make a regression refund.
(2) Other organisations and bodies are also required to assist in the performance of the tasks arising from this Act and from the regulations issued for its implementation, in particular to comply with requests for supporting documents and the communication of the necessary data or expert observations with an expedited basis.
(3) The competent trade union authorities shall cooperate closely in the performance of the tasks arising from this Act and the provisions adopted for its implementation and shall in particular cooperate in identifying the basis for decisions on regression refunds.
In agreement with the central trade union, the Ministry of Labour and Social Affairs of the Czech Republic and the Ministry of Finance of the Czech Republic will issue regulations for the implementation of this Act. In particular, those provisions shall provide for the amount of the regression compensation, the method of the regression refund procedure, the possibility of authorising repayments or any other deferral of maturity, the reduction or remission of the regression refund, as well as the use of and decision-making of the yield of the regression refund; such provisions may limit the scope of application of regression refunds or provide that certain regression refunds are to be settled without application.
(1) Regression compensation from damage to the health of members of the armed forces is applied by the authorities of the Federal Ministry of Defence, by regression compensation from damage to the health of members of the military and by the Security Corps of the Federal Ministry of Interior or the Ministry of Interior of the Czech Republic, by the authorities of the Federal Ministry of Interior or the Ministry of Interior of the Czech Republic, and by regression compensation from damage to the health of members of the Czech Correctional Education. The authorities of these ministries shall also decide on such regression refunds where they are directed against members of those departments or organisations in the field of those ministries; Regression refunds applied by these authorities against other persons or organisations shall be decided by the district authorities in whose district the authority of the Federal Ministry of Defence or the Ministry of Justice of the Czech Republic or the Federal Ministry of Interior or the Ministry of Interior of the Czech Republic, which shall be responsible for the application of the regression compensation, shall be decided upon.
(2) The Federal Ministry of Defence, the Ministry of Justice of the Czech Republic and the Federal Ministry of Interior or the Ministry of Interior of the Czech Republic, ensure a uniform procedure for the activities resulting from this Act, if implemented by their authorities.
(3) The proceeds of the regression refunds applied by the authorities of the Federal Ministry of Defence of the Ministry of Justice of the Czech Republic and of the Federal Ministry of Interior and the Ministry of Interior of the Czech Republic pursuant to paragraph 1 are the income of the Federal Ministry of Defence of the Ministry of Justice of the Czech Republic or of the Federal Ministry of Interior of the Czech Republic, even though the district authorities have decided on these refunds.
(4) The Federal Ministry of Defence, the Ministry of Justice of the Czech Republic and the Federal Ministry of Interior or the Ministry of Interior of the Czech Republic, may, in agreement with the Ministry of Health, the competent central trade union body and the Ministry of Finance of the Czech Republic, issue regulations for the implementation of this Act in its field of competence.
The provisions of this Act also apply to regression compensation for damage to health arising before its effect, unless such compensation has already been decided. However, for such refunds, the current provisions on limitation of entitlement shall apply, with the limitation period ending on 31 December 1968 at the latest.
This Act shall take effect on 1 May 1965.
Novotný v. r.
Laštovka v. r.
Lenárt v. r.
1) Paragraph 1 (3) of the Act of the Czech National Council No. 37 / 1989 Coll., on protection against alcoholism and other toxic substances.
2) Act No. 71 / 1967 Coll., on Administrative Procedure (Administrative Regulations).
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Act No. 33 / 1965 Coll., on the reimbursement of costs incurred by the State from accidents, occupational diseases and other damage to health (on regression refunds) |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 07.04.1965 |
|---|---|
| Effective from | 01.05.1965 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0