IA Law Firm Bosnia considers the issue of employer liability for workplace injuries one of the most sensitive questions of labor and obligations law in Bosnia and Herzegovina. Although relevant regulations differ depending on the entity and the Brčko District, the common denominator is the same: in order to avoid legal liability, the employer must prove that the workplace was secured in a manner that protects the worker from all possible – even unforeseeable – circumstances. In practice, this is almost impossible to achieve, which is why courts almost always favor the protection of employees.

Legal Framework and Employer Obligations

The basic framework is provided by entity and district labor protection laws, as well as the Law on Obligations. These prescribe the employer’s duty to:

• conduct risk assessments,

• ensure a safe working environment and provide protective equipment,

• continuously monitor the use of equipment,

• organize training and education for employees,

• conclude insurance contracts for employees against accidents.

This legal approach further complicates the position of employers, as liability can simultaneously be established under both labor protection regulations and obligations law. Namely, under these provisions:

• the holder of a dangerous object is liable for the damage it causes,

• and the person engaged in a dangerous activity is liable for the damage arising from it.

Even when an employer proves that all obligations regarding health and safety have been fulfilled, the question remains whether it is possible to be completely freed from liability. In practice, this is almost impossible, as the employer would also need to prove that the objects, tools, or equipment used by workers do not represent a “dangerous object,” which in many industries is difficult to demonstrate.

Case Law

Courts start from the presumption that the employer is primarily liable for any injury. Even when an accident can be linked to the employee’s negligence, the burden of ensuring safety remains largely with the employer.

• Supreme Court of FBiH (2018) – worker fell from scaffolding; the court found that the employer failed to provide adequate protection and awarded damages.

• Municipal Court Sarajevo (2020) – warehouse injury due to lack of protective equipment; employer ordered to pay BAM 12,000 in non-material damages.

• Cantonal Court Bihać – forklift accident; liability divided 70% to the employer and 30% to the worker, as the employer failed to ensure sufficient supervision of the work process.

Particular significance is given to so-called in itinere injuries (accidents on the way to work), which, according to the Supreme Court of FBiH, may be considered workplace injuries if the journey was directly related to work duties. This further broadens the employer’s scope of liability.

One of the more interesting cases still awaiting a first-instance judgment has additionally raised the issue of the limits of employer liability. During the COVID-19 pandemic, employers were obliged, by order of the crisis staff, to place sponges with disinfectant solution. Although the employer placed them on non-slip surfaces and clearly marked the area with a warning sign, a female employee tasked with placing the disinfectant and sign slipped, injured her leg, and sued the employer. This demonstrates that even in situations where the employer formally undertakes all measures in accordance with labor and safety regulations, liability may still be assessed under the provisions of the Law on Obligations

Criminal Liability

Employer liability is not limited to civil claims. A director or responsible person may also face criminal prosecution. The Criminal Codes of FBiH (Art. 328), RS (Art. 329), and Brčko District (Art. 331) prescribe imprisonment of up to three years, and in cases of serious bodily injury or death, up to five years.

Practice confirms the application of these provisions – in Zenica and Tuzla, responsible persons were convicted for failing to implement safety measures, with the courts emphasizing that it was not merely a company’s omission but a conscious neglect of duties by responsible individuals.

Comparative Practice

In Croatia and Serbia, the standards are similar: the employer bears liability, except when the injury is solely the result of gross negligence or deliberate rule violations by the employee. Bosnia and Herzegovina thus does not diverge from regional trends, but case law shows a stronger tendency to assign dominant responsibility to the employer.

Practical Challenges and Recommendations

For employers in BiH, the message is clear: liability cannot be avoided by invoking employee negligence or objective circumstances. The only true protection lies in preventive measures and documenting all actions taken.

Recommended steps include:

• continuous assessment and improvement of safety measures,

• regular training and education of employees,

• timely warnings of risks,

• documented distribution and monitoring of protective equipment,

• internal supervision and record keeping,

• liability insurance, and for directors and board members, D&O insurance.

Bosnian legislation and case law leave employers in a certain state of legal uncertainty. Even the strictest safety measures do not guarantee exemption from liability, making a systematic and comprehensive approach to workplace safety essential. Ultimately, courts in BiH almost always prioritize employee protection, which is why workplace safety represents one of the key issues of sustainability and legal security in every business.

More about IA Law Firm’s services in this area can be found at: Labor Law | IA Lawfirm