Injured at work in Kosovo — can you claim compensation?
Yes. In Kosovo the employer is responsible for safety and health at work, and a worker injured in a workplace accident can claim compensation from the employer — or the employer’s insurer — for both material damage, such as medical costs and lost earnings, and non-material damage, such as pain and suffering. What matters most is that the accident is properly recorded as a workplace accident from the start.
Key points
- The employer must ensure safe working conditions and must record and report workplace accidents.
- An injured worker can claim material damage (medical costs, lost earnings) and non-material damage (pain, suffering, reduced life activity).
- Make sure the accident is recorded as a workplace accident immediately — in writing, with witnesses and medical documentation.
- If the employer refuses, the claim can be pursued before the Basic Court; time limits apply.
What the employer is responsible for
Under the Law on Safety and Health at Work, the employer must assess the risks of the job, provide safe equipment and the necessary protective gear, train workers and organise work so that injuries are prevented. When a workplace accident happens, the employer must record it and report serious accidents to the Labour Inspectorate (Inspektorati i Punës). The Law on Labour separately governs the worker’s employment rights, including paid sick leave.
If a worker is injured at work or because of the work, the employer is generally liable for the damage under the Law on Obligational Relationships — fully where it failed to meet its safety duties, and in many cases even without proven fault where the work involves dangerous machinery or activities.
What to do after an accident at work
- Get medical help immediately and tell the doctor that the injury happened at work, so it is recorded that way.
- Inform your employer in writing as soon as possible and ask that the accident be recorded as a workplace accident.
- Note the names of colleagues who saw the accident and, if possible, photograph the place, the machine or the hazard.
- Keep all medical documentation, sick-leave certificates and receipts for treatment and travel.
- If the employer refuses to record or report the accident, you can contact the Labour Inspectorate yourself.
What you can claim
- Material damage — treatment and rehabilitation costs, lost earnings during recovery, reduced future earning capacity, and the cost of help and care.
- Non-material damage — physical pain, mental suffering, fear endured, reduced life activity, and disfigurement.
The amount is not fixed in law; it depends on the injury and its consequences, usually assessed with the help of medical findings. If your own conduct contributed to the accident — for example not using provided protective equipment — the compensation may be reduced in proportion to your share of responsibility, but not usually removed altogether.
Sick leave and pay during recovery
A worker who cannot work because of a workplace injury is entitled to sick leave under the Law on Labour, which contains specific rules on how sick leave after an injury at work is paid. Sick-leave pay is separate from compensation for the damage itself: receiving it does not remove the right to claim compensation for pain, suffering and other losses.
If the employer refuses to pay
Many claims are settled with the employer or its insurer once the injury and its consequences are documented. If the employer denies responsibility or offers too little, the claim can be brought before the Basic Court (Gjykata Themelore), which decides liability and the amount. Your employment is protected: an employer may not lawfully dismiss or penalise a worker for reporting an accident or claiming compensation.
Time limits
Compensation claims become time-barred after a limitation period set by the Law on Obligational Relationships, generally running from when you learned of the damage and who is responsible. Because the exact deadline depends on the facts — and because evidence from the workplace becomes harder to obtain over time — act early.
Frequently asked questions
Can I claim compensation from my employer for an injury at work in Kosovo?
Yes. The employer is responsible for safety and health at work and is generally liable for injuries suffered at work. You can claim both material damage, such as medical costs and lost earnings, and non-material damage, such as pain and suffering.
What if my employer will not record the accident?
Report it in writing yourself and keep a copy, make sure the doctor records that the injury happened at work, and contact the Labour Inspectorate, which supervises safety at work.
Does sick-leave pay replace compensation?
No. Sick-leave pay under the Law on Labour covers your absence from work; compensation for the damage — including pain and suffering — is a separate claim.
I was partly at fault. Can I still claim?
Usually yes. Your compensation may be reduced in proportion to your share of responsibility, but partial fault does not normally remove the claim altogether.
Can my employer fire me for claiming compensation?
An employer may not lawfully dismiss or penalise a worker for reporting a workplace accident or pursuing a compensation claim.
Is there a deadline?
Yes. Compensation claims are subject to a limitation period under the Law on Obligational Relationships. Check the exact deadline early and keep all evidence from the start.
Legal basis
- Law No. 04/L-077 on Obligational Relationships
- Law No. 04/L-161 on Safety and Health at Work
- Law No. 03/L-212 on Labour