Act No. 58 / 1956 Coll.
Law on compensation for accidents at work and reimbursement of medical costs and sickness and pension benefits
Valid
Effective from 01.01.1957
58.
Law
of 30 November 1956
on compensation for accidents at work and reimbursement of medical costs and sickness and pension benefits.
The National Assembly of the Czechoslovak Republic decided on the following Act:
Compensation for accidents at work.
Where workers have been caused by a damage to their health or death caused by an accident which has taken place directly in connection with the performance of their employment or an occupational disease, those undertakings, institutes, cooperatives or other socialist organisations, or those other undertakings and persons in whose operation (establishment) it has taken place (the operator), shall be responsible for such damage.
(1) An operator shall be exempt from liability only if it demonstrates:
(a) in the event of damage caused by the accident, that the damage was caused exclusively by:
1. an irrevocable event which has not originated in operation; or
2. by violating the rules on safety and health at work with the injured staff member, even though he has been duly informed of them, or by neglecting an important obligation of his profession; or
3. the irrevocable conduct of a third party;
(b) in the event of damage caused by an occupational disease, that the obligations arising from the rules on safety and health at work have been complied with, both with its parties and with those of persons he has used in service.
(2) The irrevocability of an event or conduct of a third party depends on the fact that the event or conduct could not be prevented by the care required.
(3) A third party shall not be considered to be a person used in service.
If the damage was also caused by the damage caused by the victim, the damage was sustained in proportion, only if it infringed the safety and health regulations at work, although he was well acquainted with them, or if he neglected an important obligation of his profession.
Liability under the provisions of this Part of the Act cannot be excluded or limited.
The amount of compensation shall be reduced by what the injured party receives because of an accident or occupational disease under the rules on preventive and medical care or under the rules on occupational sickness and pension insurance (provision).
For the sake of permanent protection of the injured party, only a cash pension may be provided as a replacement for future earnings; the arrangements contrary to this are invalid.
The claim for compensation shall be suspended six months after the date on which the injured party becomes aware of the damage and who is responsible for it, but no later than three years from the date on which the damage was caused.
If the circumstances relevant to the determination of the pension change substantially, the pension may be reduced or increased or its further payment stopped or the pension suspended.
(1) The competent authority of the trade union shall discuss all cases of accidents and occupational diseases (Section 1), in particular as regards the causes and circumstances in which the accident or occupational disease occurred. That authority shall also be entitled to give binding instructions to the operator in accordance with the rules on safety and health at work to remove the causes of the accident or occupational disease.
(2) The same authority shall also discuss with the injured party and with the operator the claim for compensation which the injured party claims against the operator. Without this hearing, the injured party cannot claim the action before the court. The period for which such discussion lasted does not count as a limitation period (§ 7).
(3) The details will be adapted by the Central Board of Trade Unions; it shall also determine which trade union bodies shall carry out the tasks referred to in the preceding paragraphs.
An action under this part of the law may also be brought by the injured party in the court in whose jurisdiction the damage was caused.
The provisions of this Part of the Act do not exclude liability under the Civil Code. However, even in that case, the provisions of Sections 6 and 8 to 10 apply and the operator responsible under this part of the Act is always responsible for the fault of the person in service used.
Reimbursement of medical care costs and sickness and pension benefits.
(1) Where the operator's parties have not complied with the obligations arising from the occupational safety and health regulations and the damage to health or death has been caused to someone, the operator shall be obliged to reimburse the State for the cost of medical care as well as the sickness insurance and pension insurance benefits (provision) provided for that reason.
(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.
If there is no case referred to in Paragraph 12 and there is a reason for compensation for damage caused by the same event in which the cost of medical treatment has been incurred, or sickness or pension insurance benefits (provision) have been provided, the State is obliged to reimburse those costs and benefits to the extent that they are liable to the injured party.
Reimbursement of pension benefits (provision) under Sections 12 and 13 must be paid in capital value, calculated according to actuarial principles, if requested by the State Social Security Office.
(1) Entitlements for reimbursement of the costs and benefits provided for in Sections 12 and 13 shall be limited in three years; the limitation period begins,
(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 body first granted the benefit.
(2) In the joint application of the costs and benefits claims provided for in § § 12 and § 13 of the same event, none of the claims claimed shall be deemed to be limited if the limitation period for at least one of them runs.
(3) Paragraph 34 of Decree No. 33 / 1955 Coll., on Economic Contracts, does not apply to claims for reimbursement of costs and benefits under Sections 12 and 13.
Disputes concerning reimbursement of costs and benefits under § § 12 and § 13 shall be settled by the courts.
(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, determine by common decree in the official list which authorities apply claims for reimbursement of costs and benefits under Sections 12 and 13.
(2) If a claim for reimbursement of sickness insurance benefits is made pursuant to § § 12 and § 13 of the Central Committee of the trade union concerned, it shall appear before the court in its own name.
(3) The recovery of costs and benefits under Sections 12 and 13 may be waived in part or in full in an agreement with the Ministry of Finance if this is justified by the exceptional circumstances of the case.
Provisions common and final.
Save as otherwise provided in this law, the compensation for the damage to which it relates and the reimbursement of the costs and benefits provided for in Sections 12 and 13 of the Civil Code.
For the purposes of this Act, persons participating in pension insurance (insurance) under Act No. 55 / 1956 Coll., on social security, or in regulations issued under it, as well as members of the armed forces participating in pension arrangements under special regulations, shall be regarded as employees.
Diseases of the profession are diseases listed in the Annex to Act No. 55 / 1956 Coll., on social security, if they are incurred under the conditions set out therein.
(1) The provisions of existing provisions contrary to this law shall be repealed; in particular:
(a) § § 110 to 112 of Act No. 99 / 1948 Coll., on National Insurance, as amended by its amendments,
(b) Sections 35 and 36 and 37 (1) and (2) of the measure of the Central Council of Trade Unions of 18 December 1953 on the organisation and implementation of staff sickness insurance, published in Decree of the Prime Minister No 100 / 1953 Coll., as amended by Decree No 65 / 1955 Coll.
(2) Furthermore, Paragraph 8 (2) of Act No. 63 / 1951 Coll., on liability for damage caused by means of transport is deleted.
(3) The Minister of National Defence may take appropriate measures to eliminate the hardships which occurred under the provisions of § 8 (2) of Act No. 63 / 1951 Coll.
This Law shall take effect on 1 January 1957; it shall be carried out by all members of the Government.
Zaporocký v. r.
Fierlinger v. r.
Broad v. r.
Dolan v. r.
Kopecký v. r.
Ing. Jankovcová v. r.
Polack v. r.
Bark v. r.
Ing. Shimonek v. r.
Dr Kylý v. r.
Plojhar v. r.
Dr. Nove v. r.
Bakuľa v. r.
David v. r.
Děuriš v. r.
Krajčir v. r.
Kromir
Machachová v. r.
Dr. Unedible v. r.
Tesla v. r.
Uher v. r.
Lamb
Jonah v. r.
Reitmajer v. r.
Dr Skoda v. r.
Bukal v. r.
Dvořák v. r.
Dr Kahuda v. r.
General Colonel Lomský v. r.
Dr Neuman v. r.
Ouzký v. r.
Pospíšil v. r.
Ing. Púčik v. r.
Dr. Vlasák v. r.
He beat the shit out of me.
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Regulation Information
| Citation | Act No. 58 / 1956 Coll., on compensation for accidents at work and reimbursement of medical costs and sickness and pension benefits |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 19.12.1956 |
|---|---|
| Effective from | 01.01.1957 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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