Getting compensation – compensation for damages resulting from accidents at work
Our team of lawyers supports employees who have suffered workplace accidents throughout the entire compensation process, ensuring their rights are upheld and their damages fully covered.
Workplace accidents are unforeseen events that can have serious consequences on workers’ lives and health, causing financial losses as well as physical and emotional suffering.
Types of Workplace Accidents in Romania
Law no. 319/2006 on Occupational Safety and Health broadly defines workplace accidents as
“violent bodily harm, as well as acute occupational intoxication, occurring during work processes or in the fulfillment of job duties, leading to at least three calendar days of temporary work incapacity, disability, or death.”
Specific incidents considered workplace accidents include:
- Injuries suffered by individuals visiting the workplace with the employer’s permission;
- Travel-related accidents occurring during commutes between home and work or between work sites as part of job duties;
- Accidents occurring during official breaks, provided they took place in employer-designated areas;
- Injuries caused by natural disasters such as storms, blizzards, or floods while performing job duties;
- Assaults suffered while carrying out job-related responsibilities.
Employer Responsibilities in Romania
According to Articles 175-177 of the Labor Code, the employer is responsible for employee safety. Safe working conditions must comply with all applicable occupational safety regulations, including general safety measures to prevent workplace accidents and specific measures for particular jobs or industries.
Additionally, employers are required to provide workplace accident and occupational disease insurance under Law no. 246/2002. This insurance is part of the national social security system and is guaranteed by the state. The National House of Public Pensions acts as the insurer and covers expenses related to:
- Medical rehabilitation and recovery of work capacity;
- Professional rehabilitation and retraining;
- Temporary work incapacity benefits;
- Compensation for temporary reassignment and reduced work hours;
- Compensation for physical impairment;
- Death benefits for surviving family members;
- Reimbursement of expenses related to medical care and recovery.
According to Article 44 of Law no. 319/2006 on Occupational Safety and Health:
“Employers bear financial liability, according to civil law, for damages suffered by victims of workplace accidents or occupational diseases, insofar as damages are not fully covered by state social insurance benefits.”
Furthermore, Article 253 of the Labor Code states that employers must compensate employees for any damages suffered due to employer negligence during work-related activities. This includes compensation for damages resulting from workplace accidents. While employer liability is contractual in nature, it is also subsidiary and complementary, meaning that (1) employer fault, damages, and causation must be proven, and (2) damages not fully covered by insurance can be recovered from the employer.
Applicable Procedures – Workplace Accident Compensation in Romania
Any workplace accident must be reported to the employer, who is responsible for notifying labor inspectorates and insurance providers. The event is then investigated, usually by the employer, except in severe cases, such as those resulting in disability or multiple victims. In such cases, the investigation is conducted by the regional labor inspectorate, the National Labor Inspectorate, or public health authorities, as applicable.
The purpose of the investigation is to determine the causes and circumstances of the accident, identify violations of regulations, assign liability, and implement measures to prevent similar incidents. Additionally, the accident’s classification affects the rights and obligations of those involved.
All findings are compiled into an official investigation report, documenting the accident’s dynamics. This report serves as critical evidence for determining whether the incident qualifies as a “workplace accident.” The findings in the report can be legally challenged in administrative court.
How Does Collaboration with Us Work?
Although the specific approach to each case varies, the general steps in working with our team of workplace accident lawyers include:
- Analyzing the circumstances of the workplace accident to assess the case and identify the legal responsibilities of insurers, employers, and potential violations of safety regulations;
- Providing legal consultation regarding the employee’s rights under current labor laws;
- Managing communication with relevant institutions, including the Territorial Labor Inspectorate (ITM) and the National House of Public Pensions;
- Challenging the official accident investigation report, if necessary;
- Representing the client in court to obtain rightful compensation.
Contact a labor law attorney in Romania today.
