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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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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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Odškodňování pracovních úrazů
Zemánková, Veronika
ZEMÁNKOVÁ, V. The compensations of occupational injuries. Bachelor thesis. Brno: Mendel University, 2017. The bachelor´s thesis deals with the problematic of the compensations of occupational injuries which belong to the field of the labour law. The theoretical part of the thesis defines basic concepts, describes the duty of the employer to the compensation of the harm and non-property detriments and characterizes in detail individual types of compensations for occupational injuries and occupational diseases. The practical part of the thesis includes the calculation of compensation of specific occupational injury according to the Labour Code and relevant implementing regulations that happened to the employee of the selected company. The development of the injury rate in the company during certain period of time is also processed.
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Compensation for damage and non-material damage caused by a work accident
Fojtíková, Monika ; Bělina, Miroslav (advisor) ; Morávek, Jakub (referee)
The diploma thesis deals with the issue of damage and non-material damage caused by work accidents. The first chapter describes the basic concept of legal liability and main functions of the employer's liability for damage caused to employees. The second chapter focuses on the basic assumptions, fulfilment of which creates an obligation for the employer to compensate employees for damage and non-material damage. It also describes the work accident as a legal term and discusses specific situations such as a heart-attack, a work injury during team-building or a work injury during a business trip using interpretation based, in particular, on a review of Czech case law. The employer is not always obliged to compensate employees for damage and non-material damage. Situations in which the employer is released from the obligation to pay damages and non-material damage are described at the end of the second chapter. These situations include violation of legal regulations or instructions, drunkenness or misuse of addictive substances and, last but not least, reckless behaviour of an employee. The third part which is the core of the thesis, deals with individual types and scopes of compensations, namely compensation for loss of earnings, material damage and purposefully spent treatment costs. A particular...
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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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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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