Basics of legal regulation

It might seem at first glance that brain injury and law have nothing to do with each other, but the opposite is true. Often, together with medical care, law is at the top of the list of an injured person’s concerns, especially if the brain injury is the result of a traffic accident, work accident, etc.

Civil Code

According to § 2956 of the Civil Code, if the person causing harm is obliged to compensate the person for the damage caused by his natural right protected by the provisions of the first part of this law, the person causing harm must also compensate the non-pecuniary damages caused (including, for example, mental suffering).

The method and amount of reasonable compensation must be determined in such a way as to compensate for all circumstances are worthy of special consideration (§ 2957 Civil Code). This includes intentional infliction of harm, especially the infliction of harm with the use of trickery, threats, abuse of the victim’s addiction, or harm motivated by an effort to discriminate against the victim because of his gender, state of health, ethnic origin, etc.

Regulation of compensation of damages to health:

• 2958: “In the case of bodily harm, the tortfeasor shall compensate the victim for such harm in money, fully compensating for the pain and other non-pecuniary harm suffered; if the bodily harm resulted in an impediment to a better future for the victim, the tortfeasor shall also compensate him for the deteriorated social position. Where the amount of compensation cannot be determined in this manner, it is determined according to the principles of decency.”
• 2959: “In the case of killing or particularly serious bodily harm, the tortfeasor shall compensate the spouse, parent, child or other close person for the mental suffering in money, fully compensating their suffering. Where the amount of compensation cannot be determined in this manner, it is determined according to the principles of decency”

Labor Code on occupational accidents

Common and special provisions on occupational accidents and diseases (§ 271k – § 271u of the Labor Code)

An occupational accident means damage to the health or death of an employee, if it occurred independently of his will due to the short-term, sudden and violent action of external influences during the fulfilment of job duties or in relation to the fulfilment of job duties. An injury suffered by an employee while performing work tasks is also considered as an occupational injury. However, accidents that occurred to an employee on the way to and from work are not considered as occupational accidents.

Claims for occupational injury compensation (types of compensation):

• • Compensation for loss of earnings during the period of incapacity for work
  • Compensation for loss of earnings after the end of incapacity for work
  • Compensation for pain and difficulty in social application
  • Purposefully spent costs associated with treatment
  • Compensation for material damage
  • One-time compensation for non-pecuniary damage in case of particularly serious injury to the health of an employee

Types of compensation related to the death of an employee:

• • Reimbursement of purposefully incurred costs associated with treatment and reimbursement of reasonable costs associated with a funeral
  • Reimbursement of expenses for maintenance of survivors (alimony)
  • One-off compensation for non-pecuniary damage to survivors
  • Compensation for material damage (belongs to the employee’s heirs)