Constitutional Court ruling on the principle of equality in compensation for work injuries

In its ruling of 15 November 2021, Case No. II ÚS 2925/20, the Constitutional Court addressed the question whether the principle of equality is violated in a situation where an injury to an employee's health is compensated as an accident at work under the Labour Code (Section 271c of the Labour Code) and not under general civil law (Section 2958 of the Civil Code). In the case at hand, the complainant suffered a serious injury which was assessed and compensated as a work-related injury. In the present case, the compensation calculated using the methodology for work-related injuries was significantly lower than the compensation a person would have received under the general civil law. Courts at all levels have held that there is no need to apply civil law instead of labour law. However, the Constitutional Court took a different view and concluded that there was a breach of the principle of equality. According to the Constitutional Court, the principles of equality and full compensation require an interpretation and procedure according to which the injured party receives compensation that is at least equal to the amount he/she would have received in a civil law relationship. In other words, it is not possible for compensation for an injury which is assessed as work-related to be less than if the same injury had been assessed under general civil law.