Workplace Injury - What Are Your Rights and What Should You Do Immediately?
Workplace injuries are unexpected events, but their consequences can be long-lasting, affecting both an employee’s health and financial security. Many workers in Serbia are not sufficiently informed about their rights or about the steps they should take immediately after an injury occurs.
Biljana Tančić, an attorney at the Marinela Ljubić Todoran Law Office, explains the rights of employees in cases of workplace injury and represents clients in matters of this kind.
What Is the First Step After a Workplace Injury?
The most important step is to report the injury to your employer immediately and ensure that the appropriate workplace injury documentation is completed. It is also important to seek medical attention as soon as possible and clearly explain to the doctor how and under what circumstances the injury occurred.
Documentation created immediately after the incident can be very important if a dispute later arises over whether the injury occurred at work and under what circumstances, emphasizes attorney Biljana Tančić.
Who Is Legally Responsible for Reporting a Workplace Injury?
Employers have legal obligations regarding the reporting and recording of workplace injuries.
Depending on the type and severity of the injury, there may also be an obligation to report the incident to the relevant authorities. If an employer attempts to avoid documenting the injury, or if an employee believes that the proper legal procedure is not being followed, it is important to seek legal advice as soon as possible.
What If the Employer Disputes the Workplace Injury?
This is not uncommon, emphasizes attorney Biljana Tančić. An employer may dispute how the injury occurred, whether it was work-related, or whether the employer bears responsibility.
In such cases, it is advisable to gather all relevant documentation and seek legal assistance as soon as possible. As time passes, certain facts and circumstances may become more difficult to prove, which is why acting promptly is very important.
What Documentation Is Important After a Workplace Injury?
Attorney Biljana Tančić emphasizes that employees should retain the following documentation and evidence:
- medical records
- the workplace injury report and other workplace injury documentation
- working time records
- witness statements
- photographs of the accident scene and the injuries sustained, if available
- correspondence with the employer regarding the workplace injury
- receipts and other evidence of expenses incurred as a result of the injury
- records of earnings before and after the workplace injury
This documentation and evidence may be particularly important if a dispute arises or if the employee later files a claim for damages.
How Much Wage Compensation Are You Entitled to While on Sick Leave Due to a Workplace Injury?
If an employee is temporarily unable to work due to a workplace injury or occupational disease, they are entitled, for the first 30 days, to wage compensation equal to 100% of their average earnings during the 12 months preceding the month in which the temporary incapacity for work began.
The wage compensation cannot be lower than the minimum wage.
It is important to distinguish wage compensation during sick leave from the right to claim damages arising from the workplace injury itself. Depending on the circumstances of the individual case, an employee may be entitled to both.
Is the Employer Always Liable for a Workplace Injury?
An employer’s liability depends on the circumstances in which the workplace injury occurred.
When determining liability, relevant factors include whether occupational health and safety measures were properly implemented, whether the employee had received appropriate training to perform the work safely, whether appropriate personal protective equipment was provided, and whether the injury was connected with a dangerous object or hazardous activity.
For this reason, the facts and legal basis for liability must be assessed separately in each individual case.
Does an Employee Lose Their Rights If the Injury Was Caused by Their Own Negligence?
Not necessarily, explains attorney Biljana Tančić.
The fact that an employee’s own conduct contributed to the occurrence of the injury may affect the determination of liability, but it does not automatically mean that the employee loses all of their rights.
All circumstances surrounding the incident must be assessed on a case-by-case basis.
What If a Workplace Injury Results in Permanent Consequences?
In cases of more serious injuries, the consequences may continue even after the employee’s sick leave has ended.
If the injury results in a permanent reduction in the employee’s ability to work or other lasting consequences, the employee may have additional rights depending on their health condition, assessment of work capacity, and the circumstances of the individual case.
Permanent consequences may also be relevant when determining the amount of damages to which the employee may be entitled.
What If a Workplace Injury Results in the Employee’s Death?
In the most serious cases, certain rights may also be available to the family members of a deceased employee.
Depending on the circumstances and whether the statutory requirements are met, family members may be entitled to certain rights and may claim damages arising from the death of a family member.
How Often Do Employees Fail to Exercise Their Rights?
Unfortunately, this happens frequently, emphasizes attorney Biljana Tančić. Reasons may include fear of losing their job, lack of information, or the belief that “there is no point.”
However, delaying action can make it more difficult to prove the circumstances surrounding the workplace injury and to exercise legal rights at a later stage. This is why it is important to act promptly.
What Is Your Most Common Advice to Employees After a Workplace Injury?
Biljana Tančić emphasizes that the most important thing is not to wait.
Employees should retain all relevant documentation, record the circumstances of the incident, and avoid signing statements or other documents if they do not understand their legal implications.
If there is any uncertainty regarding their rights or the employer’s actions, employees should seek legal advice as soon as possible.
Legal Assistance After a Workplace Injury
A workplace injury is not only a health issue. It can also have employment-related, financial, and other legal consequences.
If you have suffered a workplace injury or have questions about your rights, the Marinela Ljubić Todoran Law Office can help you determine what steps you can take and how to protect your legal rights.
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