Article 12 of the Serbian Labor Law (ZOR) prescribes the employee’s right to safety and health at work, as well as health care. From this right of the employee arises the obligation of the employer to organize work and provide working conditions in such a way as to fully ensure employee safety, health and health care at work. Safety and security at work is the provision of such working conditions by the employer which, as far as possible, reduce injuries at work.
Injury at work in terms of the Serbian Law on Health Insurance (ZZS) is any injury to the insured (employee) that occurs in spatial, temporal and causal connection with the performance of work on the basis of which he is insured, caused by direct and short-term mechanical, physical or chemical effects. sudden changes in body position, sudden body load or other changes in the physiological state of the organism. Injury at work also means an injury (in the manner described above) that the employee (insured) suffers while performing work in a job where he is not assigned, but which is certainly performed in the interest of the employer. Injury at work is also considered an injury that the employee suffers upon arrival or return from work.
The employee’s right to salary compensation is prescribed by Article 114 of the Labor Law. An employee is entitled to salary compensation during absence from work due to temporary incapacity for work for up to 30 days:
At least 65% of the average salary in the previous 12 months before the month in which the temporary incapacity for work occurred, provided that it may not be lower than the minimum wage determined in accordance with this Law, if the incapacity for work is caused by illness or injury outside work , unless otherwise provided by law;
The employer is obliged to compensate the damage as a consequence of the injury at work. The Labor Law unequivocally prescribes this obligation of the employer. It is the business practice of every serious employer to conclude liability insurance contracts with insurance companies for injuries to workers at work. If your employer has concluded such an insurance policy, a claim for damages is submitted to that insurance company. If the employer has not concluded a contract with the insurance company, the claim for damages is submitted directly to him. If the claim is submitted directly to the employer, it is important to note that there are two grounds for his liability for the damage: subjective and objective. In the case of subjective liability, the employee must prove the causa between the injury he suffered at work and the employer’s failure. In the case of strict liability, the rule on the presumption that the damage was caused by a dangerous item, ie in connection with a dangerous activity, applies, so the burden of proof is on the employer to prove that the dangerous item or dangerous activity does not cause damage.
Types of damages in the case of injuries at work are divided into material and non-material damage. Depending on the circumstances of the case, the employee may claim compensation for only one type of damage from the above or may claim compensation for material and non-material damage together.
The manner of exercising the right to compensation depends on the specific situation. In the text above, we have stated the manner in which the right to compensation for damages is exercised in the event that the employer has concluded a contract with the insurance company. If there is no such contract, the employee (injured party) and the employer can conclude an out-of-court settlement. This solution is the best for both parties, there are no additional costs and court fees, and the obligation, ie. the legal effects of such a settlement are the same as for a court judgment. Due to the complexity and specificity of each specific situation, we advise that in this case, the injured party (employee) hires a lawyer to take care of the best interests of the injured party with his professional knowledge.
If, on the other hand, the two parties cannot agree on the conclusion of an out-of-court settlement, the employee who suffered damage may file a lawsuit in court and initiate civil proceedings. The subject of the dispute is compensation for damage, so it is important to emphasize that care should be taken with the statute of limitations. The period of 3 years from the knowledge of the violation is preclusive and the expiration of this period is due to obsolescence. The deadline for filing a lawsuit for damages is 5 years from the date of the damage.