Shrnutí: A workplace injury can cause an employee not only pain and health limitations, but also a loss of income, medical expenses, or long-term complications in both their professional and personal lives. Provided that the legal requirements are met, the employer must compensate the employee for the resulting property damage and non-property harm.
In this article, we explain the rules in effect in 2026, including the new electronic reporting of workplace injuries, the calculation of compensation for pain and suffering, and the procedure to follow if an employer refuses to recognize an injury.
Quick Overview
According to Section 271k of the Labor Code, a work-related injury is an injury or death of an employee that occurs independently of the employee’s will due to a short-term, sudden, and violent external influence while performing work duties or in direct connection with them. Typical examples of work-related accidents include falling from a ladder, being cut by a work tool, an injury caused by a machine, or a traffic accident while traveling on business. An occupational injury may also include psychological harm caused by a specific extraordinary event, provided it meets the legal criteria for an accident.
Conversely , an injury sustained by an employee during the ordinary commute to or from work is not considered a work-related injury. The law also distinguishes between the actual performance of work duties and activities directly related to the performance of work.
The employer for whom the employee was working at the time of the accident is liable for property damage and non-property harm caused by the work-related accident. This is strict liability, meaning the employee does not have to prove that the employer violated safety regulations or caused the accident. The employer is liable even if it complied with its occupational safety obligations.
The employer may be fully or partially exempt from liability only under the conditions specified in Section 270 of the Labor Code. For example, the employer must prove that the sole cause of the injury was a culpable violation of specific safety rules by the employee, or the employee’s intoxication or abuse of another addictive substance. A general assertion alone that the employee acted carelessly is generally insufficient.
The extent of compensation depends on the nature of the injury, the duration of the employee’s inability to work, the employee’s income, medical expenses, and any long-term consequences. Individual claims are calculated differently.
Pain and suffering compensation is a one-time payment for physical and mental pain associated with the injury, treatment, surgeries, and any complications. Pain is assessed in points according to Government Regulation No. 276/2015 Coll. The number of points is determined by the attending physician in a medical report. The point assessment may take into account not only the injury itself but also complications, demanding treatment methods, or additional surgeries.
The value of one point corresponds to one percent of the average wage in the national economy for the first through third quarters of the previous year. For an assessment conducted in 2026, one point is worth 481.71 CZK, because the average wage for the first through third quarters of 2025 was 48,171 CZK.
Example: If a doctor assesses pain at 100 points, the base amount of pain compensation in 2026 is 48,171 Kč.
If a work-related injury results in permanent consequences, the employee may be entitled to compensation for impairment of social functioning. This takes into account limitations in personal, family, work, social, educational, or athletic life.
This compensation is also determined on a point basis in accordance with Government Regulation No. 276/2015 Coll. The assessment is typically conducted approximately one year after the accident, when it is clear that the injury is permanent and further treatment will not lead to significant improvement. If the consequences worsen later, a new assessment may be conducted.
Compensation for loss of earnings during a period of incapacity for work makes up the difference between the employee’s average earnings prior to the occurrence of the injury and the sum of:
This is therefore not merely standard wage compensation for the first 14 calendar days of incapacity for work. The employee may also request a supplementary payment to make up the difference, as prescribed by law, between the compensation received and their original average earnings.
If an employee earns less than before the accident due to its consequences, they may be entitled to long-term compensation for loss of earnings, sometimes referred to as an accident pension. The basic principle is to make up the difference between the average earnings prior to the injury and the sum of earnings after the injury and any disability pension granted for the same reason. However, other circumstances are also taken into account in the calculation, such as whether the employee refused suitable work without a valid reason.
Compensation for loss of earnings is paid regularly once a month, unless the employee and employer agree otherwise.
Reimbursement may also be provided for reasonable expenses that would not have been incurred had the work-related injury not occurred. These may include, for example:
Reimbursement is due to the person who actually incurred the expenses. For example, if a family member paid for transportation to the doctor or for necessary care, that person may be directly entitled to reimbursement under certain conditions. It is therefore advisable to document expenses with receipts, invoices, medical recommendations, and a travel log.
The employer must also compensate for property damage caused by a work-related accident. This may include, for example, damaged clothing, eyeglasses, watches, or other personal belongings. The amount of compensation is generally determined based on the item’s market value at the time of the damage or on the reasonable costs necessary to restore its functionality.
If an employee has permanently lost the medical ability to perform their current job due to a work-related injury and the employment relationship is terminated by the employer pursuant to Section 52(d) of the Labor Code or by mutual agreement for the same reason, the employee is entitled to a lump-sum compensation equal to twelve times their average monthly earnings. The compensation is generally paid on the next payday following the termination of employment, unless another date is agreed upon in writing.
If your employer refuses to recognize your work-related injury and your claim for compensation as valid, please contact our labor law expert. We will help you resolve this difficult situation.
Under Section 106(4)(h) of the Labor Code, an employee is required to report a workplace injury to their supervisor without delay, provided their health permits it. The employee also has this obligation if they witnessed an injury to another employee or another person.
Immediately after the accident, it is advisable to proceed as follows:
In practice, the common problem is not proving the injury itself, but demonstrating what the employee was doing at the time of the accident and how that activity was related to their work. A medical report confirms the employee’s medical condition, but it does not necessarily prove that the accident was work-related.
The employer must investigate the causes and circumstances of the accident with the employee’s participation—if the employee’s condition permits—and any witnesses. The employer must not alter the condition of the accident site without a serious reason until the causes have been clarified.
The employer records all accidents in the accident log, including those that did not result in an inability to work or led to an inability to work for no more than three calendar days. Upon the employee’s request, the employer must provide a certified copy or an extract of the information regarding the employee’s accident from the accident log.
A separate record of a work-related injury is prepared, in particular, when the injury resulted in:
The employer must provide the employee with a copy of the signed record without undue delay.
Effective January 1, 2026, the procedure set forth in Government Regulation No. 322/2025 Coll. shall apply. The employer must report a serious or fatal workplace accident without undue delay through the State Labor Inspection Office portal to the relevant regional labor inspectorate or, where applicable, the district mining authority.
A serious workplace accident is defined, in particular, as an accident in which the employee’s hospitalization lasts longer than five consecutive calendar days or where such a duration of hospitalization can be anticipated given the nature of the injury.
The employer must submit a report on a work-related injury—other than a minor injury not resulting in prolonged incapacity for work—via the portal no later than 15 business days from the date on which the employer became aware of the injury. The report must also be sent to the relevant health insurance provider and to the insurance company with which the employer is legally insured.
Tip: What if you have a work-related injury while working from home? You can read more about this issue in our article at the link below.
A work-related injury can also occur while working remotely. The decisive factor is not whether the incident took place in the employee’s apartment or home, but whether the injury occurred while performing work duties or in direct connection with them. Thus, an injury sustained while handling a work computer, documents, or work equipment, for example, may be considered a work-related injury. Conversely, an injury sustained while performing private home repairs, housekeeping, or other non-work-related activities will generally not be considered a work-related injury, even if it occurred during regular working hours.
The mere fact that an injury occurred during working hours and at the agreed-upon workplace does not, therefore, automatically mean that it is a work-related injury. The specific activity of the employee and its factual, temporal, and geographical connection to the performance of work are examined.
When working from home, proving an accident can be more difficult because there are often no witnesses present. The employee should therefore:
There is no single general statutory deadline for the payment of the full compensation. The processing time depends on the type of claim, the course of treatment, the availability of medical reports, and whether the employer acknowledges the work-related injury and the scope of the claims.
The employer is required to discuss the method and amount of compensation with the employee without undue delay. Compensation for lost wages is paid regularly once a month, unless another method has been agreed upon. Pain and suffering compensation can generally be calculated once the employee’s health condition has stabilized and a medical report has been issued. If the employee undergoes further surgery or new complications arise, they may be entitled to additional pain and suffering compensation.
The impact on the employee’s ability to function in society is usually assessed only after a longer period of time, generally about one year after the injury, when the permanent consequences can be evaluated.
The employee asserts this claim against the employer. This applies even if the supporting documents are reviewed and the claim is actually processed by the insurance company with which the employer is legally insured. The employee should therefore quantify their claim in writing and submit it to the employer, rather than merely communicating informally with the insurance company.
As with almost everything, each case of a workplace injury is always assessed on a case-by-case basis; therefore, the amount of compensation depends on the specific circumstances of the injury, the severity of the injury, and any long-term consequences.
The employer makes the initial decision regarding the recognition of a work-related injury. The Labor Inspectorate may verify whether the employer has fulfilled its record-keeping, reporting, and safety obligations, but it cannot make a binding determination that a specific incident was a work-related injury. If the employee and the employer cannot reach an agreement, the court will decide on the work-related injury and any related claims.
The employee should submit the following to the employer in writing:
An employee is not required to accept the initial calculation submitted by the employer or the insurance company. It is advisable to verify whether all entitlements have been included, whether the average earnings have been correctly determined, and whether the medical report has taken into account all injuries, surgeries, and complications.
Tip: Workplace accidents and all related issues are connected to occupational safety and health. Read our article “Occupational Safety and Health in a Nutshell ” and find out if everything is in order at your workplace in this regard.
A work-related injury is an injury sustained while performing work duties or in direct connection with them. The employee must report it to a supervisor immediately, provided that his or her health condition permits it. The employer will then investigate the circumstances of the accident and record it in the accident log.
A record of the workplace injury is also prepared in the event of incapacity for work lasting longer than three calendar days, or in the case of a serious or fatal injury. Starting in 2026, records and reports to the relevant labor inspectorate must be submitted electronically via the State Labor Inspection Office portal.
An employee may claim compensation for pain and suffering, compensation for impairment of social functioning, compensation for loss of earnings, reasonably incurred medical expenses, and compensation for property damage. Under certain conditions, the employee is also entitled to a one-time payment equal to twelve times their average monthly earnings upon termination of employment.
The claim is filed against the employer. If the employer does not recognize the work-related injury or refuses to pay the appropriate compensation, a court may issue a binding decision on the dispute.
Tip: Are you at risk of an occupational disease? Find out whether it could be a condition you’ve been suffering from for a month, or whether it should be accompanied by irreversible consequences, and learn a lot more about this issue.
An occupational injury is damage to an employee’s health or death caused, independently of the employee’s will, by a short-term, sudden, and violent external influence while performing work duties or in direct connection with them. A typical accident occurring while commuting to and from work does not constitute a work-related injury.
Yes. All injuries are recorded in the injury log, including those that did not result in a work disability or resulted in a work disability for no more than three calendar days. An employee may request a certified copy or an excerpt from the record.
In the assessment conducted in 2026, the value of one point is 481.71 Kč. The resulting compensation is calculated by multiplying the number of points determined by the physician by the value of one point.
There is no single deadline that applies to all claims. Compensation for lost wages is generally paid on a monthly basis. Compensation for pain and suffering can usually be paid once a medical report has been issued, while permanent disabilities are often assessed only about a year after the injury.
Yes. However, it must be proven that the injury occurred while performing work duties or in direct connection with them. The mere fact that the incident occurred during working hours at the employee’s home is not sufficient.
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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 15 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.
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