Workplace injuries pose a serious challenge for both employees and employers, and the issue of liability for resulting damage often depends on the specific circumstances of each case. The Law on Occupational Safety and Health clearly defines the rights and obligations of employers and workers, with the aim of ensuring a safe work environment and preventing risks that could lead to injury or occupational illness.
According to the legal framework in Bosnia and Herzegovina, the employer is obligated to take all reasonably feasible preventive and protective measures at every stage of work organization to ensure the safety and health of workers. This includes risk assessments, worker training, providing clear instructions for safe work, and proper marking of hazardous zones and equipment.
However, even when an injury occurs, the employer is not automatically liable for the damage. If it is proven that all legally prescribed measures were implemented, and that the worker nevertheless acted carelessly or irresponsibly, legal liability may shift to the employee. In court practice, several factors are considered: whether the employer provided working conditions in accordance with applicable safety standards, whether the equipment was safe, and whether the employee was adequately warned about potential risks.
In multiple cases, courts have ruled that when an employer fulfills all duties under the Law on Occupational Safety and Health—including conducting a risk assessment, providing protective equipment, and giving clear instructions—they cannot be held liable for injuries caused solely by the employee’s reckless behavior.
Article 177 of the Law on Obligations clearly states that liability is excluded if the damage was caused solely by the actions of the injured party.
Conversely, an employee cannot be held liable if they were not properly trained or did not receive clear safety instructions. In such cases, the employer’s liability is re-established, as confirmed by case law in Bosnia and Herzegovina.
In practice, courts closely examine all circumstances surrounding a workplace injury. The key question is whether the injury could have been avoided by applying standard safety measures, and whether the employer ensured their consistent implementation. The behavior of the worker is also assessed, especially in terms of compliance with safety regulations and instructions in the workplace. If the court determines that the employer acted responsibly and that the injury occurred due to the employee’s own negligence, the claim for compensation is dismissed as unfounded.
If you need legal advice and representation regarding compensation for work-related injuries, whether you are an employee or an employer, you are in the right place. You can contact our lawyers for direct consultation by phone at (+387 62 423 413) or by email at info@partners.haracic.ba.
