What is social disadvantage?

We can talk about social disadvantage for people who have suffered permanent damage to their health. This may be the result of, for example, an accident at work or other injury, an occupational disease or a car accident. Who assesses personal injury and how is its amount calculated? This is the focus of our current article.

pracovní úraz, ztížení společenského uplatnění
6 minutes of reading

Chapters of the article

What is social disadvantage?

We understand impairment of social life as a limitation (in extreme cases, even a complete loss) of the victim’s ability to participate in a defined area of human life. The person concerned loses the abilities he or she previously possessed.

To assess the situation, it is useful to compare the person’s lifestyle before and after the injury. It should be ascertained whether there have been permanent health effects or even exclusion from normal life. For example, the person concerned has permanently lost the ability to earn a living in his or her former occupation, cannot play sport, cannot have children, suffers from depression or is permanently dependent on the care of others.

Are you facing a legal problem that is beyond your capabilities and does not fall under any of our packages?

We will assess your case and draft a proposal for legal services to resolve it within 24 hours. If you then decide to entrust its solution in our hands, you have the drafting of the proposal free of charge.

Sometimes the change in lifestyle and therefore the loss of social participation is quite obvious, for example when confined to a wheelchair. Other times, however, it may be an injury that many people manage to overcome with more or less difficulty, but for others it is quite fatal (chipped fractured ankle for lawyer X for ballerina, loss of pinky finger for teacher X for guitar player). So the assessment needs to be approached on an individual basis.

In the context of the law, we can find social disadvantage enshrined in the Civil Code, which states that: ‘In the event of personal injury, the injured party shall compensate the injured party for the injury by monetary compensation fully compensating for the pain and other non-pecuniary damage suffered; if the injury to health has caused an obstacle to a better future for the injured party, the injured party shall also compensate the injured party for the social disadvantage. If the amount of compensation cannot be so determined, it shall be determined in accordance with the principles of decency.”

If the impairment of social well-being is caused by an occupational accident or occupational disease, the procedure is governed by the Labour Code, which states that “…compensation for pain and suffering and impairment of social well-being shall be granted to the employee in a lump sum. In doing so, it refers to a government regulation which specifies the amount of compensation in more detail‘.

Assessment of the permanent consequences of non-occupational injuries

The Supreme Court has issued a detailed methodology for the qualified assessment of the permanent consequences of a lawsuit for compensation for non-pecuniary damage to health (pain and impairment of social life). In it, it recommends that the injured person’s medical condition should only be assessed once it has stabilised. This means that continuous treatment should be completed. The state of health (including the point at which it becomes established) must always be assessed comprehensively, not separately for each medical discipline into which medical science is formally divided.

The methodology is not binding legislation, but is recommended for use. It should therefore be treated as such. It sets out nine areas within which changes in health status are assessed. Each of these is then divided into individual activities which are scored on a scale of 0-100%. Numerical adjustments to each section are then made to arrive at a final percentage of the person’s impairment. The notional value of a person’s life at 100% disengagement from all spheres of social participation was set at four hundred times the average gross monthly wage for the previous year.
The basic compensation for the impairment of social integration is calculated as a percentage (corresponding to the established degree of limitation of the injured person) of the basic framework amount.

The different areas assessed are:

  • Learning and application of knowledge
  • General tasks and requirements
  • Communication
  • Mobility
  • Self-care
  • Living at home
  • Interpersonal behaviour and relationships
  • Main areas of life
  • Community, social and civic life

A 100 % impairment of social functioning would essentially mean that the victim would have to be completely removed from his or her life. He would therefore lose the ability to move around, communicate, look after himself and be completely dependent on the care of others.

For the purposes of determining compensation for non-pecuniary damage, expert reports drawn up by a medical expert should be used as evidence

Tip: Have you had an accident at work? What are you entitled to, what is pain and suffering and how is it determined? Is the procedure different if you caused the injury in part by your own breach of duty? And why is your employer allowed to give you notice in connection with an accident at work? We will answer all this in our article.

Calculation of work-related social disadvantage

To calculate the impairment, you must use the government regulation on compensation for pain and suffering caused by an occupational accident or disease. According to this regulation, pain and impairment are assessed in points. The distinction is whether the impairment is caused by an accident at work or an occupational disease. The individual points are then set out in the tables in Annexes 3 and 4 to the Regulation.

While Annex 3 gives the scores for injuries such as loss of nose (900 points), deformation of the nose (400 points), perforation of the nasal septum (160 points), Annex 4 lists various occupational diseases, e.g. cancer of the nasal mucosa (4-6 000 points).

The sum of the points is then multiplied by the value of one point, which is currently CZK 250.

It is advisable to contact a solicitor to quantify the claim.

Tip: Everyone has a slightly different idea of occupational disease. Could it be an illness that we suffer from for a month or two? Or should it be accompanied by irreversible consequences? And is it possible to understand as an occupational disease, for example, the back pain or headache that we always suffer from in the evening after work? We have looked at some of the uncertainties we encounter on the subject of occupational diseases.

When do I qualify for a hardship award?

As mentioned above, the assessment of impairment is only made once the injured person’s state of health is relatively stable and the effects of the accident or injury can be described as permanent. This is most often after one year from the onset of the injury, but the time limit can be shorter in the case of very serious injuries such as amputation or paralysis. Conversely, it can be extended for more complex treatment. The law sets the time limit for a claim for impairment of social mobility at three years (calculated from the time when the medical condition becomes stable). However, in the case of accidents at work, the time limit is calculated from the accident itself, even if the medical condition has become established earlier.

It is interesting to note that the impairment can be claimed repeatedly. Each time the health condition worsens, the difference between the new impairment rating and the original rating can be calculated and the difference can be claimed.

Tip: Can you have an accident at home? Find the answer to this question in our article.

Are you solving a similar problem?

Dostupný advokát team of online lawyers will solve it for you.

Solutions Tailored for You

Our team of experienced attorneys will help you solve any legal issue. Within 24 hours we’ll evaluate your situation and suggest a step-by-step solution, including all costs. The price for this proposal is only CZK 690, and this is refunded to you when you order service from us.

Preset Prices
All services pre-priced for no surprises.
We Do Everything Online
Save time, money and the hassle of travel.
We Work Fast
90 % of issues get solved by the following day.
Experienced Team
We have specialists for every field of law.

Has this content helped you? Give it a rating

No rating yet. Be first to rate and help others.

Article topic:

Author of the article

JUDr. Ondřej Preuss, Ph.D.

Ondřej is the attorney who came up with the idea of providing legal services online. He's been earning his living through legal services for more than 10 years. He especially likes to help clients who may have given up hope in solving their legal issues at work, for example with real estate transfers or copyright licenses.

Education
  • Law, Ph.D, Pf UK in Prague
  • Law, L’université Nancy-II, Nancy
  • Law, Master’s degree (Mgr.), Pf UK in Prague
  • International Territorial Studies (Bc.), FSV UK in Prague

Reviews of the Dostupný advokát service

Recenze služby

Lucia Tóthová, Prague

before 4 years

We chose the premium package because it promised a fast reply within 24 hours, and we needed help quickly. A few hours after sending our order, Dostupný advokát called us. After discussing our issue and agreeing on the next steps, we felt confident in how the whole procedure would go since we had never experienced (zobrazit více) it before. We appreciate their patience.

Recenze služby

Zuzana Marková, Prague

before 4 years

We had terms and conditions drafted for our gym, and now we are very glad that we did so. Clear relationship rules are the basis for lasting friendships, and never more so than in the business world!

Recenze služby

Pavel Kasal

before 4 years

I decided to withdraw from my operating lease prematurely and was charged a ridiculously high penalty, apparently because the car had been sold for a significantly lower price than its market value. I found it frustrating, so I turned to Dostupný advokát for help. They got to work on the case very fast and recommended (zobrazit více) several options on how to proceed. They also helped me prepare all necessary documentation. Thanks to them, I had to pay only a fraction of the original amount and saved tens of thousands of Crowns.

View All Testimonials

You could also be interested in

About us in public media
Logo Česká advokátní komora Logo Advokátní kancelář roku 2023 a 2024
Follow the news
Facebook Dostupný advokát Twitter / X Dostupný advokát