Objective responsibility of employers for damage employees suffered at work

An employee who suffers damage or injury at work or in connection with work, may demand compensation from the employer, in accordance with the law.
Article 150 paragraph 1 of the Labor Law in Montenegro stipulates that if an employee suffers an injury or damage at work or in connection with work, the employer is obliged to compensate him for the damage.
Therefore, in this situation, the employer is liable on the basis of objective liability.
Objective liability implies that damage to the employee occurred, but not that the employer necessarily caused the damage, but that such a situation occurred while the injured party was performing work tasks as ordered, and that he did not contribute to the occurrence of the damage.
Therefore, this type of satisfaction for the employee is based on the fact that the damage or injury occurred, that the employee was on a random task at the time of the damage, that he was performing the task at the behest of the employer and that he did not hide the damage, i.e. that he was not responsible for its occurrence .
Therefore, damage or injury occurs only if the employee’s mental or physical integrity is threatened or violated, that is, if there is a basis for compensation for material or non-material damage.
Another condition that must exist is that the employee performed tasks on the order of the employer, which implies that the injury did not occur before the beginning or after the end of working hours, that it did not occur during the use of monthly or annual vacation, or in another situation in which work tasks were not performed.
The last condition that must be fulfilled is that the employee did not contribute to the occurrence of damage or injury. In other words, the employer or the court, depending on the person from whom compensation is requested, will appreciate the employee’s contribution to the occurrence of the damage, and in that sense will determine or reduce the monetary satisfaction due to him due to the occurrence of such circumstances.
The conclusion is, therefore, that in the event of damage, the employee has the right to fair compensation, which is reflected in the monetary amount determined in relation to all the above-mentioned circumstances.