Injury At Work in Serbia (Safety And Health)
In this, and some of the following articles, we shall cover, among other things, the concept of work-related injury in Serbia, the employer’s obligation to report the injury, the possibility of submitting injury reports electronically, the register of injuries, the right to healthcare and wage compensation, the right to compensation for material and non-material damage, additional training, work-related injuries for employees working from home or remotely, work-related injuries for individuals not in an employment relationship, misdemeanor provisions for failure to report an injury.
Does Serbia Health & Safety regulate work-related injury?
Occupational Safety and Health according to the new Law on Occupational Safety and Health (“Official Gazette of RS”, no. 35/2023 – hereinafter referred to as the “LOOSH“) means ensuring working conditions that aim to minimize work-related injuries, occupational diseases, and work-related illnesses to the greatest extent possible, with the purpose of promoting the physical, mental, and social well-being of employees.
The primary goal of introducing the new LOOSH is, among other things, prevention as a fundamental principle of occupational safety and health. Its objectives include the development and strengthening of mechanisms to prevent work-related injuries, occupational diseases, and work-related illnesses, as well as creating conditions for continuous improvement in the field of occupational safety and health. This encompasses culture, policies, activities, and measures.
However, work-related injuries remain an everyday inevitability despite efforts by legislative bodies to act preventively, employers’ and employees’ attempts to minimize them, and the oversight of competent authorities responsible for monitoring occupational safety and health in companies. When such injuries occur, specific procedures must be followed. These procedures vary depending on the severity of the injury, whether it is a minor work-related injury that incapacitates the employee for less than three days or a fatal, collective, or severe work-related injury, or a hazardous incident that endangers the safety and health of employees.
What constitutes a work-related injury?
First and foremost, it is essential to define what constitutes a work-related injury. The definition and concept of work-related injuries and occupational diseases are governed by several regulations, primarily the Law on Pension and Disability Insurance (“Official Gazette of RS”, no. 34/2003, 64/2004 – decision of the USS, 84/2004 – other law, 85/2005, 101/2005 – other law, 63/2006 – decision of the USS, 5/2009, 107/2009, 101/2010, 93/2012, 62/2013, 108/2013, 75/2014, 142/2014, 73/2018, 46/2019 – decision of the US, 86/2019, 62/2021, 125/2022, and 138/2022 – hereinafter referred to as the “LPI“) and the Law on Health Insurance (“Official Gazette of RS”, no. 25/2019 – hereinafter referred to as the “LHI“), while the procedures for reporting and registering injuries are regulated by the LOOSH.
What employee must do in order to be entitled to compensations from work-related injury in Serbia?
To be entitled to benefits related to work-related injuries under the employment contract, the employee is obligated to report the injury to the employer and seek medical attention from the appropriate health authority.
On the other hand, the employer’s responsibilities include reporting the work-related injury to the competent labor inspection and the competent internal affairs authority, providing a report on the work-related injury to the healthcare institution where the injured employee was examined for inclusion in the medical report, and paying the employee wage compensation for the period of absence from work due to temporary incapacity for work throughout the entire duration of such incapacity.
In addition to the right to receive wage compensation from the employer, the employee is entitled to mandatory health insurance and health protection. The right to compensation for damages resulting from a work-related injury is only granted to the employee in case the employer’s liability is established.
Who determines if the injury is work-related?
Whether the injury is considered work-related is determined by the health insurance organization to which the injured employee is affiliated. If the injured employee disputes the assessment made by the health insurance organization, they can initiate legal proceedings before the competent court to determine whether the injury is work-related or not, and if the employer is found liable for the injury, they will be obligated to compensate the injured employee for the damages.
So what is the concept of work-related injury in Serbia?
The definition of a work-related injury is as mentioned above, primarily regulated by the Law on Pension and Disability Insurance (LPDI) and the Law on Health Insurance (LHI). Both of these regulations provide a similar definition, with the LPDI offering a broader scope.
| Injury At Work as per Serbia Law on Pension and Disability Insurance | Injury At Work as per Serbia Law on Health Insurance |
| Article 22 and 23 of the LPDI state: A work-related injury, according to this law, is an injury suffered by an insured person that occurs in spatial, temporal, and causal connection with the performance of the job for which they are insured, caused by direct and short-term mechanical, physical, or chemical effects, sudden changes in body position, sudden body strain, or other changes in the physiological state of the body. A work-related injury also includes injuries caused in the manner described in the preceding paragraph, suffered by an insured employee while performing a task not assigned to them but carried out in the interest of the employer by whom they are employed. A work-related injury also includes injuries caused in the manner described in the preceding paragraph, suffered by an insured person during their regular commute between their home and workplace, or vice versa, while on a journey undertaken for official duties or when starting work, as well as in other cases determined by the law. A work-related injury also includes illnesses of the insured person that directly result from or are the exclusive consequence of an accident or force majeure that occurs during the performance of the job for which they are insured or related to it. A work-related injury also includes injuries caused in the manner described in points 1 to 4 of this article, suffered by an insured person in connection with the use of their right to healthcare due to a work-related injury or occupational disease. Article 23 A work-related injury also includes injuries caused in the manner provided for in Article 22 of this law that are suffered by insured persons while participating in the following activities: 1. Rescue or defense actions during natural disasters or accidents; 2. Military exercises or the fulfillment of other defense obligations determined by law; 3. Work camps or competitions (production, sports, etc.); 4. Other tasks and duties defined by law as being of general interest. | Article 51 of the Law on Health Insurance (LHI) states: A work-related injury, according to this law, is an injury suffered by an insured person that occurs in spatial, temporal, and causal connection with the performance of the job for which they are insured, caused by direct and short-term mechanical, physical, or chemical effects, sudden changes in body position, sudden body strain, or other changes in the physiological state of the body. A work-related injury also includes injuries caused in the manner described in paragraph 3 of this article, suffered by an insured employee while performing a task not assigned to them but carried out in the interest of the employer. A work-related injury also includes injuries suffered by an insured person during their commute to and from work. A work-related injury also includes illnesses of the insured person that directly result from or are the exclusive consequence of an accident or force majeure that occurs during the performance of the job for which they are insured or related to it. Under this law, a professional illness refers to an illness that arises due to prolonged exposure to hazards present in the workplace.
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If any of the above-mentioned cases occur, such as an employee falling and getting injured at work, or sustaining an injury during their regular commute to or from work, or getting injured while performing tasks not assigned to them, the employer will have the obligation to report the work-related injury.
It is particularly problematic if an employee gets injured while performing tasks not assigned to them, as this can lead to administrative or even criminal liability in case of more severe consequences, such as the injury of an employee who was not qualified for safe and healthy work or did not have an appropriate job contract annex.
Hazardous activities or dangerous practices in Serbia
Work-related injuries can also result from hazardous activities or dangerous practices of the employer or due to accidents or force majeure.
If any of the above-mentioned cases occur, such as an employee falling and getting injured at work, or sustaining an injury during their regular commute to or from work, or getting injured while performing tasks not assigned to them, the employer will have the obligation to report the work-related injury.
It is particularly problematic if an employee gets injured while performing tasks not assigned to them, as this can lead to administrative or even criminal liability in case of more severe consequences, such as the injury of an employee who was not qualified for safe and healthy work or did not have an appropriate job contract annex.
PS. Work-related injuries can also result from hazardous activities or dangerous practices of the employer or due to accidents or force majeure. If an injury, nevertheless, occurs, an employer must report it appropriately. To find out how, CLICK HERE
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