Indemnification for an accident at work or an occupational disease

Till the end of 2013, the Decree No. 440/2001 Coll., on compensation for pain and diminishing of a social position was effective. According to this decree non-property detriment in case of damage to human health had been compensated when a competent doctor had determined pain and diminishing of a social position on the basis of point valuation set by this decree. The decree was applicable in field of labour law (for cases of accidents at work or an occupational diseases) as well as in field of civil law.

 The decree was derogated by the New Civil Code (Act. No. 89/2012 Coll.). From 1.1.2014 no legal regulation regulates how the extend of pain and diminishing of a social position shall be determined. Nevertheless, there is a different situation in case of accidents at work and occupational diseases with regard to the provision 394 subsection 2 of the Labour Code. This provision (which has not been affected by the efficiency of the New Civil Code) regulates that “until the legal regulation on accident insurance enters into effect, Decree No. 440/2001 Coll., on compensation for pain and diminishing of a social position … shall apply”. This process was confirmed also by the common statement of Ministry of Labour and Social Affairs and Ministry of Health as of 28.01.2014. However it is necessary to remark that so experts do not agree with this process. They find the different process for non-property detriment in the field of labour law and the field of civil law unconstitutional.