Workplace AccidentsLegal Rights and Obligations for Employers and Employees

Nicolas Florth | Business | 21st July 2020

Both employers and employees should know and respect the law when it comes to a workplace accident. Prevention and correct use of safety rules are fundamental to reduce the risks of workplace accidents. This article deals with everything about workplace accidents, safety rules that must be respected and also the legal rights, obligations and responsibilities of employers and employees. Employees are often unaware of occupational safety rules or are forced to work in an unsafe environment which results with workplace accidents.

A workplace accident, occupational accident or accident at work is a traumatic event or situation that causes an injury, as a result of an activity carried out at work.

According to the International Labour Organization (ILO), more than 337 million accidents happen on the job each year, resulting, together with occupational diseases in more than 2.3 million deaths annually.

How Are Workplace Accidents Classified

To understand which incidents can be considered workplace accidents, the law provides a definition of specific terms:

• Workplace accident is a serious body injury or acute intoxication that occurred during the working process or in the performance of duties. Only the incidents that caused temporary incapacity of work for at least three days or caused disability and in the worst case death, fall into the category of a workplace accident. Accidents that happened on the way to work or on the way home from work are also included here.

• An occupational disease refers to a condition that occurred during the exercise of a profession, caused by harmful physical, chemical or biological agents, specific to the workplace.

• A hazardous incident refers to an explosion, fire, breakdown, technical accident or major emissions caused by the malfunction of work equipment or the inappropriate behavior, which may or may not affect workers, but which could have such consequences and could cause material damage.

• Minor workplace accidents that result in superficial injuries that require only first aid and that cause incapacity for work for less than three days.

Workplace accidents are classified according to the gravity of their consequences or the number of people involved, as follows:

• workplace accidents that cause temporary incapacity for work for at least three calendar days

• workplace accidents that cause disability

• fatal workplace accidents that cause death

• collective workplace accidents, where at least three people are injured at the same time and for the same reason

Employers’ obligations regarding workplace accidents

According to the law, employers have the obligation to prevent possible workplace accidents and to ensure the necessary safe work conditions. The necessary measures that any employer must take are the following:

• To draw up a prevention and protection plan. The plan must include technical, sanitary, organizational and other measures. This plan must be drawn up by risk assessment and applied according to the conditions of the workplace.

• Obtain the operating permit for labor protection before starting any activity.

• Inform employees before hiring. Each person must be informed about the risks they are exposed at work, but also about the necessary prevention and protection measures.

• Select the employees properly. People who correspond to their working abilities and to the tasks they will perform should be hired, after having passed the medical and psychological examination. A regular medical check-up for the people already employed must be ensured as well.

• Provide adequate work equipment. An employer must provide work equipment that does not endanger the safety and the health of his employees.

In case of a workplace accident, the employer is obliged to declare the incident to the territorial labor inspectorate, to the insurer or, depending on the case, to the criminal investigation and the employment tribunal. Depending on the type of incident that occurred, the employer must report the events immediately. Any incident at work must be registered in the employer’s Accident book. Employers who violate the legal norms for health and safety at workplace might be sanctioned with fines. Contraventions and fines may be applied, depending on the case, by the labor inspectors or by the sanitary inspectors, after drawing up the report. At the same time, there are contraventions that are classified as crimes and can be punished with imprisonment from one to three years.

Employees’ legal rights regarding workplace accidents

In case of a workplace accident, an employee has legal rights to get compensation. Work accidents insurance and occupational diseases are part of the social insurance system of any country and are mandatory for all persons who possess an individual employment contract. A huge problem can be for those people hired through illegal employment.

Every EU country has to assure that the rights stipulated by EU Employment laws (Directives) are respected. There are several European directives on health and safety:

• minimum job standards
• vibration
• electromagnetic fields
• manual handling
• biological, chemical and physical agents
• pregnant women and young people
• work equipment
• monitors
• personal protective equipment
• noise
• asbestos
• constructions

You will be entitled to claim compensation for an injury suffered in a work-related injury if you can prove that your employer is responsible for the accident and your injuries.

After a workplace accident you should receive first aid. After you have been given first aid, be sure to photograph the scene of the accident, write the comments of the witnesses, write down their contact details. Not all the evidence will remain at the scene of the accident later, so it is important to write it down immediately, because later, based on this data, you will be able to file a claim. Quite often, the employer tries to avoid assuming his responsibilities, therefore, eyewitnesses, photos or any other relevant materials related to the circumstances of the event, will help you significantly.

The employee must benefit of free medical rehabilitation till the improvement of his health condition. These may include free emergency medical care, hospital medical care,specialty investigations,recovery programs and treatments or other individual treatments.

Workplace Accident Compensation

Compensation laws vary from state to state. In the USA workplace safety is ensured by https://www.osha.gov/ of the certain state.

Compensation following a workplace accident can be obtained based on a medical certificate.The employee can claim compensation if the accident occurred due to the employer. Compensation is awarded for injuries suffered, lost income and other financial damages. The victim must keep all papers, cheques for healing expenses as proof of the workplace accident. These can be payments from physiotherapy, the cost of the taxi that took you to the doctor, etc. You can also receive compensation for damaged personal belongings and for assistance provided at home by those close to you. If relatives help the victim to get dressed, wash or tidy the house, they can also receive compensation.

In overall, the value of the indemnity is 80% of the average income received in the last six months. If there are medical-surgical emergencies, the value of the indemnity is 100% of the average income obtained in the last six months, being granted for 180 days during a year, calculated from the first day of medical leave. The medical leave can be extended by a maximum of 90 days, depending on the evolution of the employee’s health condition.

Compensation for achieving integrity. If employees are left with injuries that reduce their work capacity by 20-50%, they have the right to request compensation based on the doctor’s decision. The value of the compensations is established depending on the severity of the injuries, up to a maximum of 12 salaries. The compensations are granted in full, once, and do not affect the other rights or indemnities.

Compensation in case of death. A request for compensation must be submitted accompanied by the documents where the applicant’s right results. The total value of the compensations is of four average salaries and the payment is made within 15 days from the date when the request was admitted. Only a person can benefit from this compensation and can be either the spouse, parent, tutor, heir or, in their absence, the person who proves that assumed the death expenses. The insured rights are granted on the basis of a report on the investigation of the workplace accident or on the basis of the final declaration form of the occupational disease.

Expenses return. Expenses for emergency transport, medical devices implanted as a result of surgeries, glasses, hearing aids or prostheses that have been damaged as a result of workplace accidents. During your stay in the hospital you will receive a certificate. During outpatient treatment, the attending physician must certify your incapacity to work. Send a copy to your employer and another copy to the Health Insurance Center of your country. The incapacity of work must be fully certified from beginning till the end.

According to the legal provisions, the expenses after a workplace accident are supported by the National Social Insurance Fund, until the work character of the accident or the professional character of the disease is established. Subsequently, the settlement will be made from the insurance contributions for workplace accidents and occupational diseases, in the form of the insurance contribution for work. Even if the employee can receive compensation for the injuries suffered, he is often afraid of losing his job and therefore does not claim compensation for the damage. However, he should not be afraid, because the compensation will be paid not by the employer himself, but by the insurance company that represents the employer. If you are really afraid that you may lose your job, you can inform the authorities about the accident after you stop working for the company. It is very important that no more than 3 years pass from the date of the accident.

Liability Waiver

Many companies and businesses require employees to sign a liability waiver. What does a waiver or a disclaimer of liability mean? This is not anything else than an agreement between you and the employer, excusing the employer of assuming responsibility in case of a workplace accident for ordinary negligence only, no matter in known or unknown risks or particular situations. Do not sign any document in which you admit your responsibility or liability for the accident. Before doing so, we strongly recommend consulting a lawyer.

Unfortunately, in spite of all measurements of prevention of workplace accidents, they not always can be avoided and they do not cover entirely your loss. Employees affected by accidents at work not only suffer injuries, but are also often at risk or in fact lose their source of income, as they are not able to work for a period of time.