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Compensation for Occupational Accidents and Deseases
Kubínová, Petra ; Drápal, Ljubomír (advisor) ; Morávek, Jakub (referee)
English abstract Compensation for Occupational Accidents and Diseases The aim of this thesis is to give a comprehensive view of problematics related to occupational accidents and occupational diseases with attention to the types of compensation of injury and their comparation with legislation of compensation of accidents in civil law. According to author's opinion a deference between legislation of compensation of injury in civil law and in labour law can have a big influence on a victim status. Because of that the author of this work suggest to harmonize legislation of compensation of injury for all cases. The text is structured into chapters and subchapters. In this thesis author defines the basic concepts as occupational accidents, occupational diseases, duties of employers and employees in connection with an accident at work or occupational disease, employer's liability for damage and system of employer's liability insurance for damage. A large part of this work is also paid to the system of work injury insurance, which was to be run through the Czech Social Security Administration in the form of provision of social benefits to employees injured by work injury or occupational disease. Besides that the main attention is paid to forms of compensation for injured employees or in the event of employee death...
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Conception of compensation for bodily harm arose in performance of work
Novotná, Martina ; Hůrka, Petr (advisor) ; Morávek, Jakub (referee)
This thesis deals with the conception of compensation for bodily harm arisen from industrial injuries or occupational diseases. Recently, it was decided bodily harm of employees continues to be compensate by the employer under his objective liability for damages. The main aim of the thesis is to describe current legislation in the Labour Code and to compare it with the general bodily harm compensation legislation in the Civil Code. The thesis is divided into 7 chapters. The first chapter defines the concept of bodily harm and its specifics. The second chapter brings brief insight into the field of the international law, especially focuses on the conventions of the International Labour Organization which provides minimum standards of the compensation for industrial injuries and occupational diseases. In the third chapter follows short excursion into the European law, focused primarily on providing compensation to the migrant workers within the European Union. The fourth chapter describes historical development of compensation for bodily harm arisen from industrial injuries or occupational diseases in legislation since the Industrial Revolution until recent past. Fifth chapter is already fully focused on the main issue of this thesis - analysis of the current legislation of compensation for bodily...
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The Evaluation of Managers and Employees Awareness of the Ergonomics in Office Environment
Pešek, Ondřej Matthew ; Pavlů, Dagmar (advisor) ; Novotná, Irena (referee)
Title: The Evaluation of Managers and Employees' Awareness of the Ergonomics in Office Environment Objectives: The aim of the thesis was a quantitative research to assess the awareness of ergonomics, working environment, office equipment, motor behavior and the appearance of professionally conditioned diseases among office workers, recruiters and management of companies in the Czech Republic. In conclusion outlined recommendations to improve the situation. Methods: The thesis using electronic polling using non-standardized questionnaire, which provides primary data collection. The method is used to analyze the awareness of ergonomic environments, motor behavior in the workplace, the occurrence professionally conditioned diseases and office equipment. The questionnaire was distributed to companies throughout the Czech Republic, a total of 678 employees were contacted, data was compiled from 442 respondents with an average age of 32,6 years. For data analysis was used software Microsoft ® Excel for Mac version 15.20. Results: It was found that ergonomics training and OSH passed only 25% of employees of Czech companies in the research sample. It came up to 20% more employees of national companies rather than international companies of the total number. The data show that the awareness of ergonomics is...
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The liability for damages caused by work-related accidents and occupational diseases
Všetečková, Monika ; Morávek, Jakub (advisor) ; Vysokajová, Margerita (referee)
This diploma thesis deals with the employer's liability for damages caused by work-related accidents or occupational diseases of his employees. The reason for choosing this topic was partly because of the author's experience with the assessment of work-related accidents in legal proceedings, partly due to the high- frequency of work-related accidents and also the fact, the results of work-related accidents and occupational diseases not rarely cause a long-term adverse repercussion in real life of an employee. The main point of this thesis is to analyse elements of stated employer's liability for damages. Using the case law, detailed analysis of the concept of work- related accidents is performed in the same chapter. There are analysed specific situations with conclusions if the injury can be evaluated as an work-related accident or not. Besides work-related accidents, occupational diseases and other elements of liability, this chapter deals with the possibility of an employer to be absolved from any liability as well. Case law concerning the absolution from liability is also included in this chapter. The essential part of this thesis is also the enumeration of employer's obligations connected to the fact his employee has suffered a work-related accident or an occupational disease. The most...
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Liability for damage regarding occupational accidents and diseases
Kyslíková, Kristýna ; Morávek, Jakub (advisor) ; Lang, Roman (referee)
Název práce v anglickém jazyce: Liability for damage regarding occupational accidents and diseases The aim of this thesis is to analyze liability for damages regarding accupational accidents and diseases as a part of employer's liability and the evaluation of the current regulation in this area. This thesis is devided to eight chapters. First part of this thesis is a theoretical introduction to the matter of occupational accidents and diseases and the liability for damages caused by them. The target of the first part is to define the institutes of the labor law, which are crucial for the regulation of material and non-material damages in labor law. The theoretical first part consists of Chapter One, Chapter Two and Chapter Three. Chapter One is introductory and defines basic terminology used in the thesis, with the main term being liability in labour law. Chapter Two enumerates various types of liability, such as material liability, non-material liability and other types of liability. Chapter Three defines material and non-material damage in the light of new Civil Code. Chapter Four and Chapter Five are specifying the issue of damage liability, on both sides - employee's and employer's. Chapter Six provides outlines of the relevant Czech case law and is therefore subdivided into four parts. Part One...
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Work injury and occupational disease
Šourek, Filip ; Drápal, Ljubomír (advisor) ; Štefko, Martin (referee)
The aim of the thesis is to give a comprehensive view on the issue of occupational accidents and occupational diseases. The work uses the descriptive method, the method of analysis and the comparative method. The entire text is structured into chapters and subchapters. The main focus is on the work with the judicial decisions that are closer discussed and analyzed. The work defines the basic concepts of occupational accidents and related occupational diseases, such as an accident at work, occupational disease, pain or social impairment, discusses the conditions of employer liability for damage at work accidents and occupational diseases, the possibility of exemption the employer for damage and employers liability insurance for damage. The greatest attention in the thesis is paid to types of compensation related to accidents at work and occupational diseases provided to injured employees or bereaved persons. Neglected is not even forthcoming amendment to Act no. 262/2006 Coll., the labor code and long-delayed law no. 266/2006 Sb., of casualty insurance employees.
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Occupational accidents and occupational diseases
Štaňková, Helena ; Vysokajová, Margerita (advisor) ; Drápal, Ljubomír (referee)
Occupational accidents and occupational deseases The purpose of my thesis is to analyze the legal regulation of occupational accidents and occupational diseaseses. I focused mainly on legal regulation of employer liability for damage to health workers, the revised in the act 262/2006 Sb., Labour Code. Effective regulation of the issue is highly fragmented, extends to more legal fields. As of 1.1.2013 is expected entry into force of Act 266/2006 Sb., about accident insurance of employees. Accident Insurance Act brings major changes. Workmen's compensation insurance for damage in an industrial accident or occupational disease will be replaced by a new form of social insurance - injury insurance policy with its own system of benefits. The monopoly of two commercial insurance companies, which now carries out mandatory insurance, will be abolished. It entrusts the Czech Social Security Administration, that carries out other types of social insurance. The financial demands, lack of preparedness of the Czech Social Security a ministration and other complications have led repeatedly to postpone the entry into force of the Act. Now underway to further intensive work on amendment of this Act. The question remains whether the Act takes effect at all and, what results this will bring. The thesis deals with the...
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Liability for damage regarding occupational accidents and illness
Lachnit, Ondřej ; Štefko, Martin (advisor) ; Koldinská, Kristina (referee)
Ondřej Lachnit Liability for Damage Regarding Occupational Accidents and Illness The following thesis deals with the issue of liability for damage regarding occupational accidents and illness in the Czech Republic. At the present time, employer's liability conforms to the Labour Code from 2006, which builds on the preceding Labour Code from the year 1965. A rich judicature concerning occupational accidents and illness has been formed since the 1960s. In this thesis, I often quote from this judicature. The current Labour Code, however, only provisionally deals with this issue; an ensuing change is about to take place due to the passing of a new law concerning the workers' compensation insurance. This law is already valid, but has yet to become operative. The law will come into effect on January 1st, 2013. Whether the law will become operative is questionable as its legal effect depends on the political situation in the Czech Republic. Currently, the right-wing government does not favour the new law, since it would burden the state budget more than the current system. In the Czech Republic, the employer's liability for damage regarding occupational accidents is defined very broadly:...
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Employers' Liability for Employees' Personal Injuries
Štaňková, Helena ; Vysokajová, Margerita (advisor) ; Štangová, Věra (referee)
Employer's lability for damages of an employee's health The purpose of my thesis is to analyze contemporary legal regulation of employer's lability for damages of employee's health with its former regulation in the labor code from 1965 and its future regulation in the code 266/2006 Sb. The thesis is composed of eleven chapters. Chapter one is introductory and characterises the basic sources of law in this sphere. The chapter is subdivided into three parts - International agreements, European law and National legal regulation. Chapter two examines a description of terms occupational accident and occupational diseases. This chapter is subdivided into trhree parts. Part one gives a description of occupational accident, damage and causality between occupational accident and damage, which are necessary preconditions of employer's lability for occupational accident. The subsequent part is about occupatinal diseases and the employer's lability for them. In this part is also a list of occupational diseases. The third part of the chapter gives an attention to special institute of endangerment by occupational disease. The subsequent chapter is about dues of employer and employee by the occupational accidents and diseases. Chapter Four concentrates on problem for employer's liability and the employer's...
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Liability for damage in case of occupational injuries and occupational diseases
Nguyenová, Lucie ; Štefko, Martin (advisor) ; Drápal, Ljubomír (referee)
The intention of my thesis is to analyse legal provisions concerning occupational injuries and occupational diseases, comment amendments in this area of labour law and indicate meaning and content of above mentioned legal provisions in connection with court decisions and practical facts. The entire text is structured into chapters relating to particular topics connected with occupational injuries and diseases. At first the thesis introduces concept of liability with specifics that influence area of occupational injuries and diseases. Subsequent chapter contemplates recent events and system of legal insurance of employer's liability. Fourth chapter describes provisions implementing prevention of occupational injury and disease. Fifth chapter defines conception of occupational injury and occupational disease in detail, elaborates characteristic features, prerequisites, process of solving and possibility of employer's exemption. Sixth chapter reflects findings relevant to compensations provided to affected employee. Result of processing the topic is composed of comprehensive characterization of main terms and issues, with effort to indicate explanation of respective judgements and consider selected legal provisions.
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