207/1919 Sb..
Law
of 10 June 1999. April 1919,
amending the law on accident insurance of the workers.
On the basis of a resolution of the National Assembly shall be issued by the following acts:
Section I.
Changes to the law.
Article I.
Law of 30. in December 1917, from row # 523, for the accident insurance of miners and
the penultimate paragraph of § 1 of the law of 28. December, 1887, from the round No 1 for the year
1888, about the workers ' accident insurance shall be deleted and the laws of 28. December
1887, from 9-1 to the year 1888 (law úrazový) and from 20. July 1894, from.
l. No. 168, as amended by the Act of 21. August 1917 from the row No. 363, as follows,
amended and supplemented:
Article II.
§ 1 of the law of accident para. 1. is amended as follows:
All workers and miners závodoví, employed in factories and Mills, in
mines in non-reserved minerals, in the shipyards, quarries, as well as in
establishments belonging to those undertakings, workers and závodoví
officials employed in enterprises under the supervision of the top, top
offices and factories to them belonging, in drilling companies
reserved minerals and in enterprises on the extraction of the upper wax and asphalt are
According to the provisions of this Act are insured against the consequences of accidents
coming with in the operation of enterprises (business-related injuries).
Article III.
§ 4 of the law of accident varies as follows:
Porter's holdings of State and provincial Minister for social welfare, can
dohodna is with the participating Ministers and vyslechna interested accident
the insurance company, the insurance obligation pursuant to this Act, zprostiti
belongs to them and their members, in accordance with staff regulation in General
applicable in case of an accident claim company for the provision of that
equal to the benefits provided for in this Act, after the case in article VII.
the law of 20 December 2002. July 1894, of the row No. 168, as well as in section 65 of the Act of
on March 30, 1888, from row # 33, and has the appropriate hospital or
fraternal checkout right to compensation, which should by then
that provision, if the obligations have not been insured ushers
runaway, and ushers the same influence on the decisions of the odškodněném,
What is the guarantee to the insured for insurance undertakings established under this
the law.
Under the same conditions, in the same way and with the same effects, the Minister of social
care insurance obligations and zprostiti private railways, Porter
provided to meet the demands for the provision of their keepers, warranty
ordered by the Minister of welfare, in agreement with the Minister of railways.
Claims for the provision, conferred by the General staff regulation, cannot be
contract with individual persons or vyloučiti, or obmeziti. If they are
serious grounds, the Minister of social welfare, dohodna with stakeholders
the Ministry and participating insurance against accidents, vyslechna odvolati exemption
insurance obligations.
Article IV.
In section 6 of the Bill lay in accident is para. 6. place the digits "3600"
the number "6000", and in paragraph 1(b). 7. place the digits "1200" on both site
the number "1800" and "600" digit "900".
An Article In The.
In section 7, no 1. the law of accident goes is the place of the numerals "100" to
the number "150" to.
Article VI.
section 8 of Act úrazovéhose amended as follows:
For salary or wages under this Act, shall be deemed to tantiemy shares on the
earnings and other remuneration for the work, as well as benefits in kind.
District appoint a political office at the beginning of each year, vyslechna
confidants of entrepreneurs and policy holders for your district value in kind
benefit obligation. The value of the benefit in kind of miners ' down in the same way
the top executive and the value of the benefit in kind of railway servants
the Office, which railway Minister shall determine, in agreement with the Minister of social
care.
Minister of social welfare may, if necessary, may be that the competent
the Office reviewed the value of benefits in kind and in the meantime. With regard to the
the perks of mining, it will be in agreement with the Minister of public works
with regard to the benefits of public servants, in agreement with the railway Minister
railways.
Article VII.
Between the first and the second paragraph of section 12 of the Act given this accident so be it
paragraph:
Common things insurance companies, in particular, decisions on claims for compensation,
provides the Administrative Committee, which consists of the Chairman of the Board of directors or
his Deputy, out of 9 Board members and three alternates. After 3
members and 1 náhradníku the Administrative Committee shall elect each of the three groups
the Board of Directors, namely the Group of entrepreneurs, a group of policy holders and group
people, called to the Board by the Minister of social welfare.
If necessary, they can be povolati to a meeting of the Administrative Committee and the person
that do not belong to the Board of Directors to submit a good idea.
Asking if at least three members of the Administrative Committee, the final
the decision on the present case, the Board of Directors of the insurance company.
Article VIII.
section 29 of the Act, accident is amended as follows:
Of any accident, which happens when the operation of an undertaking, subject to the
the insurance requirement, and that a person employed in the undertaking, it was
killed or suffered bodily injury that resulted in death, or
the inability to work, lasting for at least three days, let there be an entrepreneur, or by
who was responsible for the accident have to říditi, within a week after the accident, the lodging of a written
notification of accident insurance or directly from the competent Office, the insurance company
responsible for.
Article IX.
articles 30 to 32 of the law of accident varies as follows:
The proceedings on the claim. Effect on healing. The detention of retired.
At the request of the accident insurance company is a political office shall be obliged to
vyšetřiti all the circumstances applicable to the assessment of entitlement to
compensation for personal injury.
Perhaps the costs arising out of the investigation, in particular costs incurred by
It was after the event to be povolati of an expert, the insurance company.
section 31.
Accident insurance company may entrust to the tills fraternal procure
contact business owners and insured with an insurance company, and in particular to
work in synergy with the investigation of the accident. The Brethren Church coffers, if it were
asked are obliged as follows spolupůsobiti. More detailed provisions on the
that are contained in the statutes of the insurance company.
Fraternal tills belongs for their interaction in addition to compensation
the finished release reward, whose amount, if not about the agreement, the Minister shall determine the
social welfare in consultation with the Minister of public works.
The municipal authorities are obliged to spolupůsobiti in an investigation of the circumstances
that are důležity for the determination of claims for compensation and to determine its
above.
§ 32.
The insurance company is entitled to treatment in each period odejmouti sickness
or fraternal, to which belongs the care of the injured patient. In
this case, the insurance undertaking shall enter all the obligations and rights
According to the law belong to the sickness or brotherly hand, as regards the
sick care for the injured and care for its members.
Accident insurance company may commit to the account may be injured his
retired to a medical facility in all cases when treating intentionally
prevents or is staying. In that case, belongs to the members of the wounded
support under the provisions of the penultimate paragraph of section 8 of the Act on insurance
workers in case of illness.
If the assessment of the claim for damages according to the opinion of the medical need
that was seen in the treatment of the wounded to the Constitution, the undertaking may may
to make the wounded brought to the time necessary to Institute treatment. The cost of this
resulting from an accident insurance company pays.
The rest of the wounded of the accident insurance regulation, not having to
This legal or material reasons, this may be the insurance company
pension zadržeti wholly or in part, in the meantime, until the regulation
rest of the world.
Also can the pension, wholly or partially, be detained, when injured,
having no substantial reasons for it, the rest of the accident regulation
insurance companies, to come to a medical examination in order to determine
whether, and to what extent the consequences of the accident still persist.
When is treating the injured and ended the hopes of improving his
health, accident insurance company may place the pension offer
free treatment to the injured and care in a therapeutic Constitution,
but only with his consent. In this case, the undertaking may debit
reasonable compensation for the earnings of the injured, who suffered prolonged
healing.
Article X.
To section 33 of the Act, accident is přidati this paragraph 4:
If the damages in the plays, the deadlines specified above, an accident
the insurance company may want the person entitled interim damages. An accident
the insurance company cannot insist that she was returned to the paid interim
in compensation, he was entitled to damages if the final decision is dismissed.
Article XI.
section 34 of the law of accident varies as follows:
The persons to whom it was not compensation accident insurance company, its
oznámiti the relevant insurance company claim, before the expiry of one year from the date of
the consequences of an injury occurred, and no later than two years after the date of the accident,
Although their claim will expire.
If the insurance company claim for damages was justified, so be it above
damages to be assessed immediately; If not, let there be a claim for damages is dismissed.
The limitation period referred to in paragraph 1. 1. subject to the claims of the sick-leaves
and fraternal treasuries against personal accident insurance.
Article XII.
# 38 of Act § accident debit is:
section 38.
For each insurance company, established under this Act, shall be in the
the seat of the Arbitration Court, which is the only rozhodovati of the claims
for damages, against the insurance company, however, her repudiation.
The arbitral tribunal shall consist of the standing of the President, four lay judges and from the
the necessary replacements. The President and his deputy shall be appointed by the Minister
Justice, dohodna the Minister of welfare, from State
judicial officials. The two lay judges, as well as alternates who are
all persons must be professionally educated, presiding judge in the Court of arbitration on the
a period of time the Minister for social welfare, dohodna with stakeholders
Ministers. The two lay judges and two alternates elected by the members of the insurance undertaking,
each group (entrepreneurs and insured persons) one by one, at the same time when choosing
to the Board (section 12), for a period as well a long with úřadováním
the Board of Directors. Member of the arbitral tribunal shall not náležeti Board of Directors
insurance companies, nor be in the service.
Assembly of the arbitral tribunal and the hearing before it, as well as reward
arbitration judges, adjusted by regulation, the Minister of social welfare, in agreement with the
the participating Ministers. Costs associated with establishing and managing the arbitration
the Court shall be borne by the insurance company.
§ 38).
The Arbitration Court is competent for disputes about claims
have against the accident insurance company sickness funds pursuant to § 65 of the law on
the workers ' sickness insurance and fraternal Treasury under section 61 a)
of this Act.
The Tribunal also belongs to rozhodovati disputes on claims for accident
provision and on claims for compensation brought by sick or
brotherly Treasury administration company whose employee pursuant to § 4
of this Act, the Minister of social care insurance obligations. tribute
Territorial jurisdiction is the Court of arbitration to the application of the territorial accident
the insurance company, a member of the entrepreneur in whose undertaking the accident is
or would have been had his ushers were not pursuant to section 4 of this Act,
the insurance obligations of the runaway.
section 38 (b)).
In agreement with the relevant Ministers, the Minister of social welfare zříditi
expositury the Court of arbitration in industrial centres, where it
be shown the need, or the special tribunals for each group
policy holders or public servants, which are exempt from the insurance obligation according to § 4, and
should the circumference of their competence.
Assembly of the special courts of arbitration and the procedure before them modifies the
by regulation, the Minister of social welfare, in agreement with the participating Ministers.
As Minister for social care shall designate, in agreement with the participating Ministers,
who has hraditi the costs associated with establishing and managing special
the Court of arbitration, or how to přispívati to cover the costs
the Tribunal, set up under section 38, the administration of undertakings whose
ushers are exempted from the insurance obligation.
section 38 c).
The action by the Arbitration Court have the right to administer the person insured under
of this Act, or pursuant to section 4 of the insurance obligations of the released, a year
the date on which they were delivered a written decision that the claim for damages
was granted or refused, although the action was ruled out.
Also a brotherly and sickness funds can have their claims against accident
vznésti insurance claim by the Arbitration Court within one year from the date of delivery of the
assessment.
Remedies or proceedings against the findings of the Arbitration Court is not
přípustny.
The boy held the award of the arbitral tribunal or conciliation agreed before it is called
the competent court of the debtor's.
Article XIII.
section 48 of the Act, accident varies as follows:
State supervision of insurance undertakings established under this Act, shall exercise
Land Office policy, in which Borough is the headquarters of the insurance company, and in
the next agenda of the Minister for social welfare.
As regards the undertakings subject to the upper authorities, carries out this surveillance
Land Office policy in agreement with the upper hejtmanstvím and the Minister of social
care in consultation with the Minister of public works; as regards undertakings
rail, agree with the Minister of social welfare with the Minister of railways.
Minister for social care shall designate by regulation, issued in agreement with the participating
the Ministry, which the authorities and to what extent will state supervision vykonávati
the implementation of accident pension (art. 4).
Minister of social care is also called upon to State gave approval in
cases where this is required under this Act.
Article XIV.
Section 50 of the Act to the accident, which receives the new heading "Interaction
authorities ", added as the third and fourth paragraph:
In cases in which under this law it is for the political authorities
rozhodovati, the political authorities in the agreement with the upper authorities, if
undertakings subject to the supervision of these authorities.
Acts, dedicated in §§ 18, para. 2. and 28 political offices or
trade inspectors, perform for the enterprises above mentioned offices
top acts then, the political authorities in section 30 and in paragraph 1. This
section a documented, these enterprises also top offices.
Article XV.
Paragraph. 1. section 56 of the Act, accident varies as follows:
All meetings and documents, which should be to establish and modify the
legal relations between insurance undertakings and its members, as well as all
negotiations between the insurance companies and the authorities, shall be exempt from fees and stamps;
as well as all meetings and documents relating to the accident of the pension
(§ 4).
Article XVI.
Instead of section 61 of the Act, accident is to lay the following provisions:
The obligation of zaopatřovacích treasuries of fraternal, provide a provident
the salaries of its members, permanently unable to vydělávati, it takes even those days when
the occupational incapacity arose from injury to the enterprise; but this right to
Provident cash desk resting as long as pension and salary úrazový
Provident together exceed two-thirds of a worker's earnings, which
was taken as the basis for determining the pension, accident.
Under the same conditions rests also entitled to provident salary when
a beneficiary of injury accident previously sustained, shall take
later the right to invalidity provident salary.
If the disability is higher than the salary of a provident, two-thirds of the work
the earnings referred to in paragraph 1, the amount of salary he's resting a provident
occupational injury pension.
If the insured person enjoys accident pension in the amount of the full of its work
earnings, resting entitlement to invalidity pay provident.
The previous provisions on the rest of the claims for provident salaries
přídavková do not apply to voluntary insurance if the insured person
apply the appropriate premiums alone accounted for them from her.
§ 61).
Provide a provident cash fraternal injured Provident
salaries for the period during which, under the provisions of this Act, be entitled to
Provident salaries resting, passes are entitled to a pension of up to úrazový
the amount to which the entitlement to provident resting on provident's salary
the cashier, if an accident insurance company the brotherly already failed to repay the damages
to the insured.
Pozůstali usmrceného, to whom the claim for compensation according to the law
about accident insurance workers, do not have entitlement to provident salary against
the Brethren Church. Provided however, if despite this provident cash register
fraternal survivors killed persons salary, provident passes shall be entitled
survivors on pension úrazový, up to the amount paid by the Provident,
brotherly cashier, to this coffers, if an accident insurance company
persons entitled to damages already betrayed.
section 61 (b)).
In all other respects this law does not apply to claims of insured persons against
fraternal and sickness the tills, against the tills in case of death,
disability and other tills, nor of claims against other insurance companies, unless
against those that were established under the law on accident insurance
workers. The same is true about the commitment of the municipalities and other corporations and foundations to
chudinskému measures.
Exempted from this provision are merely contracts that have been negotiated for
an accident at an enterprise before 1. in March 1886 between the private insurance company and
Entrepreneur business under this Act, compulsory insurance,
insurance of persons employed in this race and belonging under the
the provisions of § 1, and whose validity had not disappeared at a time when the
begins the scope of insurance indicated in § 1. Insurance company established pursuant to §
9, in its place is the race will enter such contracts in place
entrepreneurs and policy holders by the power of the law so that the insurance undertaking in accordance with the law
This established for the period during which an insurance contract will still
She used, is required to pay through insurance premiums always at maturity of the private
the insurance company and that it receives all the amounts that the private
the Insurance Institute is obliged to vyplatiti under an insurance contract for the
This ongoing enterprise-related injuries.
The provisions of the preceding paragraph shall apply only to those days, when she was
contract insurance entrepreneur who agreed it, within three months after the
the beginning of the scope of this law, the political Bureau announced the first
stools, in whose district is undertaking insurance compulsory, and if
submitted to the appropriate insurance.
Article XVII.
Instead of paragraph 3. and 4. Article VII. law of 20. July 1894, of the row No.
168, it goes is this provision:
On the train, the insured according to art. I, no. 1, or article
In, as well as on such State employee insured under art. In that
must track under the terms of the concession or in accordance with other applicable
the provisions of dopravovati without the claim for payment, are not covered by the law of the
March 5, 1869, from row # 27, excluding cases of § § 46 and 47 of the law on accident
insurance workers, if they are entitled to compensation under the provisions of
of this Act.
Also, the ushers, the exemption under section 4 of the law of insurance obligations, and
the person having under general regulation service entitlement to accident
the provision, they do not manage their business against the claims of the law of
March 5, 1869, from row # 27, except sections 46 and 47 of the law on accident
insurance workers, if they are entitled to compensation under the provisions of
of this Act.
Section II.
Transitional provisions.
Article XVIII.
This Act shall take effect on the day on which the Minister for social welfare, dohodna
the participating Ministers shall be determined by regulation.
Article XIX.
Accident insurance accident insurance company mining and Trade Union of Austrian
railways in Vienna shall cease on the date the law takes effect,
set out to do insurance against the consequences of accidents that happen from this
of the day.
Rights and obligations of the accident insurance companies insurance companies and labor unions of the mining
Austrian railways in Vienna to accidents, which have become or will become
until the beginning of this Act, the accident insurance
territorial or corporate governance, which ushers were exempted from paragraph 4 of
insurance obligations, on a date to be determined, the Minister of social welfare, in agreement
with the participating Ministers.
About which the undertaking or the business management takes on the obligation to
vypláceti pension granted, each already insured person, beneficiary
retirement, insurance company or managing the enterprise separately notified.
Article XX.
The Minister for social welfare is directed to dohodna, with the participating
the Ministry has carried out this Act and extended the regulation in good time
the scope of the its and the Slovakia.
T. g. Masaryk in r.
Raja, r.
on behalf of the least of the President.
Dr. Winter in r.
