Occupational accident and compensation from the employer

Under Article 200(1) of the Labour Code (KT), an employer is financially liable to an employee for damage caused by an occupational accident or occupational disease resulting in temporary incapacity for work, disability or the death of the worker or employee, irrespective of whether the employer was at fault. This liability is objective and does not depend on fault.

When deciding disputes under Article 200 of the Labour Code, the court must establish that an employment relationship existed between the parties and that an occupational accident or occupational disease occurred. The questions of what caused the occupational accident, whether officials of the employer undertaking committed culpable acts or omissions, and whether there was a causal link between those acts or omissions and the accident are not mandatory elements of the employer’s liability towards the injured worker. Under the general definition laid down by the legislature and accepted in established case law, an occupational accident consists of traumatic injuries occurring during and in connection with, or on the occasion of, the work performed: injuries causally linked to the injured worker’s employment activity which have resulted in temporary or permanent loss of capacity for work. The causal link between the occupational accident and the resulting temporary incapacity for work is established through evidence gathered during the proceedings, which the lawyer representing the injured person should arrange to adduce.

If you or a loved one has suffered an occupational accident, it is best to consult a lawyer handling occupational accidents, road traffic accidents or other incidents.