Legal Aspects and Statistics of Work Injuries in the Czech Republic

Abstract

Abstract By work injury, a health damage or employee´s decease are meant if those were caused independently on employee´s will by short-period, accidental and violent effect of external impacts while fulfilling working tasks or directly related to it. Also such injury is considered a work injury, which happened when the employee fulfilled his/her working tasks. Legal regulation of the rights and obligations of employers as well as employees as it comes to occupational injuries is being often ignored by both parties of labour-law relationship. In fact, insufficient knowledge of this topic can bring many complications to both parties. It is necessary to keep in mind that not each injury can be considered work injury. The aim of this article is to analyze legal aspects of work injury supported by judicature and statistical data out of segment of work injuries in the Czech Republic. The law is not always clear and allows different explanation, as it also does not consider all situations and questions. Answers to problematic points are more and more often being found in judicature - deciding practice of courts, its conclusions, explanations and statements are evaluated. There is an example of injury happened during a business trip used in this article, by which it will be explained what activities can be thought such relating to working tasks fulfilment. When work injury occurs, the employer is obligated to clarify the reasons and circumstances of it. A monitoring of statistical data of work injuries and their causes seems to be a significant basis when elaborating company risk analyzes, prevention and risk management, occupational health and safety, working conditions and environment.