Legal assistance in case of workplace compensation

Compensation for workplace and industrial accidents

If you have suffered an accident during the course of work, you may be entitled to compensation. Within the scope of compensation, you may claim reimbursement for lost income as well as reimbursement for justified costs. In the event of physical injury suffered during a workplace accident, you may also claim non-pecuniary damages.

In the case of workplace accidents, the employer is liable for the damage; this liability is strict, so-called objective liability, meaning it is difficult for the employer to be exempted from liability for damages. The purpose of this rule is to ensure that the injured employee can receive compensation more easily.

If, as a result of the workplace accident, your income does not reach your pre-accident income level, you may be entitled to an income-supplementing annuity, which is a form of compensation that regularly offsets the deficit in your income.

Out-of-court settlement or workplace accident lawsuit?

As in all compensation proceedings, it is advisable to first attempt an out-of-court settlement. If the employer does not admit liability or does not wish to reach an agreement, the claim for compensation may be enforced through litigation. In such cases, the compensation lawsuit must be initiated against the employer, and the court will make its decision based on the rules of strict objective liability imposed on the employer.

In the case of lawsuits initiated due to workplace accidents, the employee is entitled to employee cost-benefits in most cases, meaning they may be exempted from several court and procedural costs, thereby further facilitating the enforcement of the claim.

When is the employer liable?

The employer is liable for a workplace accident if the accident is related to the employment relationship. A connection to the employment relationship can be established if the employee suffered the workplace accident during working hours while performing work.

A connection can also be established if the employee is performing work at a location other than their usual place of work—for example, if they are sent for field work and the accident occurs during this time.

However, a connection to the employment relationship cannot be established if the employee suffered the accident while performing unofficial "side work" or by sneaking back onto the premises after working hours. The connection to the employment relationship must always be thoroughly examined, as this is a prerequisite for compensation.

According to the employer, no violation of occupational safety regulations occurred. Can I still be entitled to compensation?

"Yes, as a violation of occupational safety regulations is not a condition for compensation. The employer's liability for damages does not stem from whether they complied with occupational safety rules or not. We note, however, that Hungarian occupational safety regulations are so strict that it is extremely difficult to comply with them."

Dr. Szentkláray Bence LL.M.
Master of Tort Laws
Attorney-at-Law

If the employee is also at fault for the workplace accident, can they still be entitled to compensation?

If the employee is also at fault for the workplace accident, it is referred to as "contribution" (contributory negligence). The employee may still be entitled to compensation, but the amount can be reduced by the degree of their contribution.

In such cases, however, the employer’s strict liability is weighed against the employee’s lesser responsibility, so the deduction is usually not significant.

However, if the workplace accident was caused exclusively by the employee's conduct and the employer could not have averted this conduct, the employee may not be entitled to compensation. Employers often cite this to avoid paying damages.

We note, however, that employers often misinterpret this rule, and in fact, courts very rarely find that an employee is exclusively responsible for a workplace accident.

Why choose us?

Our Law Firm has decades of experience in compensation proceedings related to workplace accidents, providing us with extensive knowledge of both out-of-court procedures and settlement negotiations, as well as litigation and its minute – yet important – details.
Our attorneys hold specialized legal degrees in compensation law, ensuring they are well-prepared to enforce claims arising from workplace accidents.
Our Law Firm pays particular attention to monitoring judicial practice, as in cases of workplace accident compensation, court practice provides the substance to the theoretical rules of compensation.
Whether you have questions regarding workplace accidents as an employer or an employee, feel free to contact us with confidence!

Frequently Asked Questions

My employment contract was not in writing. Can I be entitled to compensation?

Yes. Even if the employment contract was not put in writing, the connection to the employment relationship can still be proven by other means, as the principle of free evidence applies in the courts. However, a written employment contract facilitates the process of proof.

I am receiving sick pay. Can I be entitled to compensation?

Yes, as sick pay only replaces wages. Furthermore, sick pay is not always 100%, so you can also claim the portion of your wages not covered by sick pay. Typically, sick pay does not cover wage supplements, so these can be enforced as part of the compensation.

My salary was higher than what was in the employment contract / I received my salary in an envelope / I was paid "under the table." Can I ask for compensation?

Yes, as lost income. The Curia (Supreme Court) has stated several times that undeclared income can also be enforced in a claim for damages. The courts are not the Tax Authority (NAV), so they are not concerned with whether the income was undeclared or not. The court is interested in the amount of income loss the injured party can prove.

I had an accident on my way to work. Is the employer liable?

Based on old court practice, the employer was liable in such cases, but under the new rules and current court practice, they are not. According to the new regulations, processes outside the workplace, such as road traffic, are circumstances over which the employer has no influence and thus cannot be held liable. In such cases, however, the social security authority may declare the accident an occupational accident or a commuting accident.

We note that this does not apply to cases where the employee is not required to work at the employer's headquarters or when the accident occurs on the employer's premises. In such cases, compensation may be applicable.