Workplace injuries may have serious health and financial consequences. It is essential to know who is liable and when compensation can be claimed.
⚖️ Employer’s duties (safety & prevention)
The employer must:
• conduct risk assessments and keep a risk assessment act
• provide protective equipment and training
• issue clear safety instructions and mark hazardous zones
• maintain safe equipment and a safe working environment
❌ Is the employer always liable?
No. If all statutory duties were fulfilled and the injury occurred solely due to the worker’s negligent conduct, liability may be excluded.
📌 Article 177 of the Law on Obligations:
“Liability is excluded if the damage was caused exclusively by the act of the injured party.”
✅ When is the employer liable?
• protective equipment or training were not provided
• equipment was unsafe or defective
• hazards were not marked and controlled
• feasible preventative measures were omitted
🧑⚖️ How do courts assess cases?
They examine:
• compliance of working conditions with regulations
• whether the employee was trained and warned
• existence and use of protective equipment
• employer documentation (risk assessment, training records, instructions)
• worker’s behavior (breach of safety rules)
🤝 Our role (legal team)
We act for both employees and employers. We provide:
• case analysis and likelihood assessment
• evidence collection and structuring
• drafting claims/defences and settlement negotiations
• representation before courts across BiH
📞 Contact
E-mail: ana@raguzlegal.ba
Phone: +387 63 413 147
