Work accident compensation in Estonia: what damage can be claimed and who pays

If a certificate of incapacity for work is issued because of a work accident (tööõnnetus), the Estonian Health Insurance Fund (Tervisekassa) pays sickness benefit from the second day at a rate of 100 per cent, but in 2026 the benefit is subject to a daily cap of 126.87 euros. This does not always cover all the damage. If the employer breached occupational health and safety requirements, you can also claim medical costs, lost income, damage from reduced work capacity and compensation for non-pecuniary damage from them.

What is a work accident?

A work accident is damage to an employee’s health or the employee’s death that occurred while performing a work task, doing work with the employer’s permission, during a break counted as working time or at any other time when the employee was acting in the employer’s interests. What matters is the causal link with the work. If an injury is not related to the work or the working environment, it is not a work accident even if it happened during working hours.

It may be a work accident, for example, if:

• a warehouse worker falls off a ladder while lifting goods onto a shelf
• an office worker slips on the stairs while taking documents to the first floor
• a sales representative has a road accident while driving to a client as part of their work
• a construction worker injures their hand on a machine without proper guarding

It is generally not a work accident, for example, if:

• an employee is injured at home on a day off while doing repairs
• an employee develops a health problem during working hours caused by a pre-existing illness and unrelated to the work or the working environment
• an employee is injured on the usual journey from home to work or back, when they are not performing a work task

There are many borderline cases, and the final assessment always depends on the specific circumstances. If it is unclear whether it was a work accident, it is still worth reporting it to the employer and the doctor as a work accident and reviewing the circumstances later with the evidence.

Who pays what after a work accident?

The damage from a work accident is usually shared between several payers:

1. The Health Insurance Fund pays sickness benefit from the second day of the certificate of incapacity for work at 100 per cent of average income, but for no more than 182 consecutive calendar days. Unlike in the case of ordinary illness, the employer does not pay sickness benefit for days 4 to 8 after a work accident.
2. The Health Insurance Fund cap. For incapacity for work that began on or after 1 January 2026, the Health Insurance Fund pays no more than 126.87 euros per calendar day. For employees with higher pay, part of their income therefore remains uncompensated.
3. The employer compensates the remaining damage if they are liable for the accident. In addition, the Health Insurance Fund recovers from the employer the difference between the benefit calculated at 100 per cent and at 70 per cent.
4. The Unemployment Insurance Fund (Töötukassa). If the injury causes a long-term reduction in work capacity, the employee may apply to the Unemployment Insurance Fund for a work capacity assessment and work ability allowance (töövõimetoetus). Receiving the allowance depends on partial or no work capacity being established and on other conditions set out in law.
5. An insurer pays if the employer has liability insurance that covers the damage. There is no compulsory work accident insurance for employers in Estonia.

What damage can you claim from your employer?

If the employer is liable, they must compensate the damage causally linked to the injury. This includes:

• the costs of treatment, rehabilitation, medicines, aids and travel, and other costs arising from increased needs
• lost income, with benefits paid by the Health Insurance Fund and the Unemployment Insurance Fund taken into account to the extent that they cover the same damage
• damage from reduced work capacity and poorer future economic prospects
• compensation for non-pecuniary damage for pain, suffering and loss of quality of life

If the employee died, their close relatives may also claim compensation for non-pecuniary damage in exceptional circumstances. Reasonable funeral costs and the loss of maintenance suffered by dependants must also be compensated.

When is the employer liable?

An employer must assess work-related risks, instruct employees, provide safe equipment and organise supervision. In its judgment of 27 June 2025 in case no. 2-19-14759/139, the Supreme Court of Estonia (Riigikohus) emphasised that an employer must ensure occupational safety in every work-related situation and reassess risks when circumstances change. NAMM attorneys Kristiina Urb-Semjonov and Küllike Namm represented the parents of the employee who died in that case.

An employee’s own breach of safety rules does not automatically release the employer from liability. In the event of injury or death, compensation for pecuniary damage may be reduced because of the employee’s own contribution only if the employee contributed to the damage intentionally or through gross negligence. When determining the amount of compensation for non-pecuniary damage, the court may also take into account the injured person’s own contribution to the damage. You can read about the judgment in NAMM’s news item the Supreme Court clarified employer liability in the event of a work accident.

How much can the compensation be?

The amount of compensation for non-pecuniary damage varies considerably in case law. It depends mainly on the severity and duration of the injury, the severity and extent of the breach, the conduct of the person who caused the damage and the other circumstances of the case. In cases with serious and lasting consequences, compensation can be considerably higher.

For example, in 2026 the Tallinn Circuit Court awarded a total of 100,000 euros to the family of an employee who died in Sweden. The employer was ordered to pay 45,000 euros for the deceased’s own suffering and 25,000 euros for the suffering of a close relative, and the insurer a further 30,000 euros in insurance indemnity. The family was represented by attorney-at-law Kristiina Urb-Semjonov. Read more in NAMM’s news item court awards 100,000 euros to the family of a worker killed in a work accident.

What should you do to get compensation?

1. Inform your employer immediately, preferably in writing, even if the injury seems minor.
2. Tell the doctor that the accident happened at work. If you are certified as unfit for work, the doctor will notify the Labour Inspectorate (Tööinspektsioon).
3. Ask your employer for the investigation report. The employer must investigate the work accident and, in the event of incapacity for work or death, give the report to the injured person in writing.
4. Collect evidence: photos, messages, witnesses’ contact details, medical documents, receipts and salary information.
5. Calculate the damage and submit a written claim to your employer, setting out each type of damage and the amount.
6. If no agreement is reached, go to court. The Labour Dispute Committee (töövaidluskomisjon) does not hear disputes over compensation for injury, bodily harm or death caused by a work accident. You have three years to bring a claim from when you learned or should have learned of the damage and of who must compensate it.

You can also find practical advice for the first days after an accident in NAMM’s guidance work accidents, employee rights and compensation for damage.

When should you contact an attorney?

An attorney’s help makes sense if the employer disputes the circumstances of the accident or their own liability, if the damage is significant or lasting, or if someone died in the accident. An attorney can help assess the real value of the claim and draft it so that no type of damage is left out. See NAMM’s damages and personal injury practice area and employment law and workplace disputes practice area.

Frequently asked questions

Is my employer liable if I made a mistake myself?

Yes, that is possible. An employee’s own mistake does not automatically release the employer from liability if the employer had not organised occupational safety properly. Compensation for pecuniary damage may be reduced because of the employee’s own contribution only if the employee acted intentionally or through gross negligence. When determining the amount of compensation for non-pecuniary damage, however, the court may take the employee’s own contribution into account.

Does the Health Insurance Fund’s sickness benefit cover all my lost pay?

Not always. The benefit rate is 100 per cent of average income, but in 2026 there is a daily cap of 126.87 euros and the benefit is paid for no more than 182 days. The shortfall can be claimed from the employer if the employer is liable.

What should I do if my employer does not want to register the accident?

Write down what happened yourself and inform your employer in writing. Tell the doctor that the injury happened at work. The employer must investigate and register every work accident, and if necessary you can turn to the Labour Inspectorate.

How long do I have to claim compensation from my employer?

The limitation period for a claim arising from injury or death is three years from when the injured person learned or should have learned of the damage and of who must compensate it. This applies regardless of whether the claim is based on the employment contract or on another legal basis. In any case, the claim expires no later than 30 years after the accident. Damage often only becomes apparent later, so it is worth collecting evidence straight away and seeking legal advice early.

This article reflects the law in force as of 28 July 2026.