A new government regulation was published in connection with the new Czech Labor Code which came into force on 1st October 2015. The new regulation establishes procedures for determining the amount of compensation for pain and social impairment resulting from occupational injuries and diseases. The Government Regulation no. 276/2015 Coll., on compensation for pain and social impairment caused by an occupational injury or disease, was published in the Collection of Laws on 26th October 2015.
The whole issue of compensation for occupational injuries and diseases, which was previously covered by transitional measures of the Labour Code, has been implemented directly into the text of the Labour Code - modified sections 248 to 275: "Compensations for property and non-property damages". The Government Regulation no. 276/2015 Coll. is based on section 271c of the Labour Code which states:
(1) Compensation for pain and social impairment is provided to an employee on a one-time basis and in an amount the minimum level of which is specified in the regulation issued according to paragraph 2.
(2) A government regulation orders that the amount of compensation for pain and social impairment corresponds to the loss incurred, the manner of determining the amount of compensation in individual cases and procedures for issuing a medical assessment, including requirements in relation to the activity under consideration.
The point system of evaluation
Pain and social impairment are evaluated in points, the value of one point is CZK 250. Detailed tables in the Annexes to the regulation determine how many points can be allocated for a particular type and severity of pain and the extent of social impairment. The point value specified in the relevant Annexes may, in some cases, be reduced or increased.
The type and extent of the damage due to an occupational injury or disease is determined by a physician in a medical assessment (requirements for medical assessments are specified in sections 8 and 9).
Section 8 of the Government Regulation no. 276/2015 Coll. states:
(2) The assessment of pain or social impairment is based on
a) medical reports and findings of health care providers who participated in the treatment of the injury and its consequences, and
b) if it is necessary for the assessment, on
1. an excerpt from medical records provided by the impaired person's authorized health care services provider,
2. the results of medical examinations carried out by an examining physician, or
3. the results of current examinations requested by an examining physician.
The assessment of pain using the point system is to be carried out when the health of the impaired person has stabilized. Social impairment is generally assessed a year after the impairment occurred, and when it is obvious that there is permanent damage.
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