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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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Compensation of Pecuniary and Non-pecuniary Damage Caused by Occupational Injury or Occupational Disease
Demová, Kateřina ; Vysokajová, Margerita (advisor) ; Morávek, Jakub (referee) ; Fischerová, Iva (referee)
1 Compensation of Pecuniary and Non-pecuniary Damage Caused by Occupational Injury or Occupational Disease Abstract The thesis deals with the topic of compensation of pecuniary and non-pecuniary damage caused by occupational injury or occupational disease whereas its main sources comprise of Czech and foreign literature and mainly of vast range of court decisions. The introduction researches the topic of concept of damage compensation as a part of tort law, both from the general private law and specific labour law perspective. Further, the dissertation explores the historical development of the legal rules concerning compensation of damage caused by occupational injury or occupational disease focusing on the most significant legal regulations valid on the territory of the Czech Republic. The brief summary concerning subjects of the relevant liability closes the introduction part of the thesis. The merits of the dissertation cover detailed research of assumptions of the liability of employer for damage caused by occupational injury or occupational disease, i.e. detailed research of the terms "damage" (pecuniary and non-pecuniary), "occupational injury", "occupational disease" and "causation" between damage and occupational injury or occupational disease. Although fault does not belong to the assumptions of...
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Qualified persons in the field of occupational risks
Fichtner, Jan ; Štefko, Martin (advisor) ; Tomšej, Jakub (referee)
Qualified persons in the field of occupational risks Abstract Qualified persons in the field of occupational risks are persons dealing with different levels of risk, different extent and type of risks. In this set is not only the person for health and safety, but there are other qualified persons as well. For example, a qualified person who provides and performs the ccupational health services, a qualified person for fire protection, a construction safety coordinator, as well as an inspection technician of dedicated technical equipment, etc. A key qualified person in occupational risk and health and safety prevention is a person who assist employers in occupational risk prevention by managing risk identification, providing risk assesments, identification of source and risks causes and incidents. This person takes care about risk factors on worplaces such as microclima, chemical and biological hazards, noise, ergonomy and many others risks and continuosly advises employers of identificated risk on workplaces. He leads as a expert in health and safety, but not responsible, for applying right and effective principles of work safety and accident prevention and provide high qualified consultating job for employers. As well as is need to be noticed that employers has a legal obligation to have minimum one these...
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Compensation of damage to property and intangible damage resulting from a work injury or occupational disease
Maryšková, Věra ; Vysokajová, Margerita (advisor) ; Tomšej, Jakub (referee)
Compensation of damage to property and intangible damage resulting from a work injury or occupational disease Abstract The thesis discusses compensation of damage to property and of intangible damage that has resulted from a work injury or an occupational disease. This is an important legal institute regulated primarily by Act No. 262/2006 Coll., the Labour Code, as amended, further referred to as the "Labour Code, however also by a range of other laws further elaborating the matter. When discussing the matter, it is impossible not to also discuss the regulation of Act No. 89/2012 Coll., the Civil Code, as amended, further referred to as the "Civil Code", since the Civil Code applies in the cases that are not expressly addressed in the Labour Code and since it is valuable to compare the rights of the damaged person under the general civil law and the labour law. The analysis of the laws is supplemented by selected case law, namely produced by the Supreme Court and the Supreme Administrative Court of the Czech Republic, in particular such case law that provides answers to certain questions of interpretation. The thesis not only discusses the obligations of the employer in the event the employee injures himself during work or contracts a disease during work and the related rights of the employee but also...
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Accidents at work and occupational diseases
Junek, Jan ; Štefko, Martin (referee)
This rigorous thesis deals with the issue of accidents at work and occupational diseases, that may arise in employment relationship, and the related liability of the employer for damages and non - pecuniary damage, including the possibility of his liberation. The thesis consists of six chapters. The first chapter deals with the theoretical aspects of liability in labor law and further discusses the obligation of employer liability insurance in case of accidents at work and occupational diseases. The second chapter is dedicated to the obligation of prevention in labor relations. The third chapter discusses the basic signs of accident at work and occupational disease, including the employer's practical procedures and statitical data for 2018. There are also described specific cases of accidents, which are analyzed whether it is a accident at work or not. The fourth chapter deals with the extent of damages and non pecuniary damage and the possibilities of waiver of compensation. In addition to the three basic assumptions of the employer's obligation to compensate for damage and non - pecuniary damage, which is an accident at work and occupational disease, damage and non - pecuniary damage and a casual link between them, the author adds yet another assumption, which is the existence of an employment...
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Occupational Health and Safety with Focus on Atypical Forms of Employment
Zichová, Aneta ; Morávek, Jakub (advisor) ; Tomšej, Jakub (referee)
Thesis Title: Occupational Health and Safety with Focus on Atypical Forms of Employment The thesis aims to analyse and present the rules of occupational health and safety (OHS). The second goal of the thesis is the research of OHS solutions in atypical forms of employments with regard to current development of working relationships. The thesis also deals with the question of atypical forms of employment and the ensuring of OHS in Germany (GER). The collected information is used for comparison and evaluation of both countries and their attitudes toward OHS in atypical forms of employment. Part of the thesis is also devoted to possible course of OHS in the atypical forms of employment de lege ferenda including potential inspiration from GER in connection with ensuring of OHS. The thesis is mainly based on study of laws, relevant literature, comments and current articles. In the thesis, the descriptive and analytical method are used and at the end supplemented by the comparative one. The thesis is divided into six chapters that are split systematically into subchapters. The first part is focused on the definitions of fundamental terms that are further used in the following chapters. In the introductory subchapters the thesis deals with the term OHS itself, atypical forms of employment, work accidents...
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Compensation for the bereaved in the case of work accidents and occupational diseases
Pivničková, Kateřina ; Drápal, Ljubomír (advisor) ; Morávek, Jakub (referee)
Compensation for the bereaved in the case of work accidents and occupational diseases Abstract The topic of my diploma thesis is compensation for the bereaved in the case of work accidents and occupational diseases. It is a topic with a relatively settled legislation and a subject which is present - nevertheless, ground-breaking changes in this issue cannot be really anticipated any more. Introductory part of my thesis deals primarily with a theoretical definition of a term liability and liability in labor law. It deals with the conditions of inception of liability, the reasons that allow release from liability and finally, with the obligation of an employer to compensate damages or non-material damage in the cases of work accidents and occupational diseases. I also devote myself to define terms work accident and occupational disease, and for better understanding and explanation of disputable questions, I refer to judicature of the Supreme Court and the Constitutional Court. The mainstay of my thesis is dedicated to the particular types of compensation provided either directly to the aggrieved employees as the consequence of work accident or occupational disease, or to the bereaved in the case of death due to the work accident or occupational disease. I also compare the labor law regulation to the...
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The possibilities of physiotherapy of carpal tunnel syndrome by sewers
PLAČKOVÁ, Tereza
This bachelor thesis deals with the issue of carpal tunnel syndrome. The research topic is work of sewers and elimination of health problems, which emerge after a sewer, had performer this work for long time without taking proper compensation. I present theoretic knowledge in the first part that makes foundation for the research part. I refer to upper extremity anatomy and its setting to the motion and I refer to ergonomic principles, which influence the posture quality. In addition to it, I refer to knowledge of carpal tunnel syndrome and possibilities of physiotherapy intervention. The aim of the thesis is to describe the possibilities of physiotherapy of this dysfunction, to suggest a therapy and to focus on adjustment of work environment which should prevent sewers' wrists and their posture from overburdening. The research part utilizes the qualitative methods, which want to evaluate data gained from three probands. The methods I use are observation, comparison, survey, semi-structured dialog and kinesiology analysis. I perform in therapy manual techniques, kinesiotherapeutic and occupational therapy methods and consulting on increasing the quality of sewers work. I noticed after four-month therapy that clinical symptoms of CTS (carpal tunnel syndrome) which the probands were suffering from were reduced because of selected health care. Work condition adjustment of each proband was made through the instruction. Its assessment could not be carried out because I did not have the opportunity to check it. The results did not attest anything after such short period. Even though final neurological screening did not prove the improved median nerve conducting, both aims of the bachelor thesis were successfully accomplished.
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Industrial injury and occupational disease
Hoffmann, Matouš ; Drápal, Ljubomír (advisor) ; Štefko, Martin (referee)
This diploma thesis is dealing with issues of employer's liability for industrial injuries and occupational diseases and from that consequent obligation to compensate damage or non- material damage, through individual types of compensation. The first part provides a brief excursion into the development of the legislation on industrial injuries and occupational diseases and deals with the question of mandatory statutory insurance of the employer, implemented through two private insurance companies. The second part of the diploma thesis deals with the circumstances, which lead to emergence of employer liability for industrial injury. Substantial space is dedicated to situations where it may not be obvious at first sight that an industrial injury may occur. The industrial injuries resulting from teambuilding, business trip and injury originating from myocardial infarction are discussed in more detail. Further, here are defined the facts leading to the partial or total deprivation of liability by the employer. These facts are recklessness, own fault violation of regulations or instructions and drunkenness or misuse of addictive substances. The third part concerns with conditions under which the employer is liable for occupational diseases. The fourth part deals with individual types of compensation to...
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Employee's claims in the case of work accidents or occupational diseases
Špačková, Hana ; Drápal, Ljubomír (advisor) ; Morávek, Jakub (referee)
The topic of this thesis is employee's claims in the case of work accidents or occupational diseases, because the assessment and determination of damages is still an actual issue. The first part of the thesis deals with theoretical introduction and definition of terms which are material for the whole thesis. The first part defines the liability in labour law, the liability of employee and employer, work accidents and occupational diseases and mainly the employer's liability for damages and non-material damage caused by work accidents or occupational diseases to employees. The next chapter focuses on insurance which is obligatory for all employers who employ at least one employee. This insurance is important in case of the employer becomes liable for damage or non-material damage caused by work accidents or occupational diseases. The insurance is important especially for small and medium-sized employers for whom the compensation could be liquidating and could lead to the termination of their activities. The most importatnt chapter of the thesis is the chapter concerning individual types of employee's claims for damages or non-material damage which arise from work accident or occupational disease, or claims of survivors of employee in case of employee's death, and their assessment. The most...
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