When an unfortunate event occurs and your employee notifies you that he or she has suffered an injury at work, here is what your first obligation is.
- Report to the Labor Inspection
You must immediately, and within 24 hours at the latest after the injury occurred, report a work injury to the competent labor inspection.
If a work injury occurs e.g. in a traffic accident on the way to the place of work, you are obliged to report it to the competent authority within the stated time.
- Report on the Workplace Injury
You are obliged to immediately, and within 24 hours from finding out about the injury at work at latest, fill in the report on work injury (injury list) and to submit it to the healthcare institution where the injury was examined. The report shall be completed and submitted to the health institution in 5 copies.
Then the doctor (health institution) shall enter the finding and opinion on the injury at work in the report, within 2 days from the receipt of the report, and without delay, the next day at the latest, he shall return it to the employer.
Upon receipt of the report from the health institution, you shall submit it to the competent branch of the Republic Health Insurance Fund, within 2 days from receipt.
When the Branch of the Republican Health Insurance Fund returns to you the certified copies of the report on the injury at work – one copy of the certified report you should keep for your needs, one copy shall be delivered to the employee immediately, and within 2 days from the receipt at the latest, one copy shall be delivered to the Republican Pension and Disability Insurance Fund and one copy to the Administration for Work Safety and Health.
The Regulation prescribes the content and the manner of issuing the form of the report on the injury at work, and its forms are an integral part.
As an employer, you are obliged to reimburse the salary to the employee for time off from work due to a temporary inability for work due to injury at work or occupational illness. The amount of salary compensation is 100% of the average salary of an employee in the previous 12 months, before the month in which temporary inability for work occurred, during the employment of the insured, from the first day of temporary inability to work, for the entire duration of temporary work inability.
It should be noted here that the employee also has the right to compulsory health insurance.
The Labor Law provides the obligation of the employer to compensate for damage to the employee for injury at work or occupational illness.
However, this issue will be regulated on a case-by-case basis, bearing in mind that the obligation of the employer to compensate for damage to the employee for injury at work is constituted only in the case of the employer’s liability.
Thus, if your employee suffers an injury on the way from home to work or vice versa, you would not be liable, and therefore there would be no obligation to compensate for damage to the employee. For your liability for compensation to an employee to exist, there must be a causal relationship between your action and the damage that occurs to the employee.
- Misdemeanor Liability of the Employer
If you do not adopt a risk assessment act in writing for all workplaces, by a general act, i.e. collectiveagreement or employment agreement do not determine the rights, obligations and responsibilities in the field of safety and health at work, and if you do not designate a person for safety and health at work by a written act, you run the risk of a misdemeanor proceeding against you.
You should also be aware of misdemeanor liability if you failed to comply with the obligation to report a work injury to the competent inspection, and if you do not submit the prescribed form of work injury report to the competent institutions and the injured employee himself.
Regarding the penalties for these offenses, a fine in the amount of RSD 800,000 to RSD 1,000,000 is provided for a legal entity, i.e., the employer.