Zwłoka w zgłoszeniu wypadku przy pracy rolniczej a prawo do jednorazowego odszkodowania
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Date
2007
Authors
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Journal Title
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Publisher
Wydawnictwo Naukowe UAM
Title alternative
DELAY IN REPORTING AN AGRICULTURAL ACCIDENT AND A RIGHT TO SINGLE INDEMNITY
Abstract
The paper addresses the issue of late reports of accidents at work in an agricultural
environment and attempts to answer the question whether a delay in reporting such an
agricultural accident has any influence on the right to claim single indemnity for an accident
at work.
The first part of the paper determines the conditions that must be satisfied in order for
the accident to be considered as reported without delay. Further in the paper, legal consequences
of a late report of an accident at work, and the possible limitation of the right to
claim compensation are presented. Farmers are often late to notify the insurer about an accident, despite the requirement
that such an agricultural accident at work should be reported not later that 6 months following
its occurrence. However, there are no legal sanctions if this date is not met. Therefore
in practice, a late report does not result in any direct legal consequences, and a late
claim is rejected on grounds o f unnecessary delay only if late reporting has impaired the
possibility of ascertaining the actual circumstances of the accident.
As can be deduced from the statistics of reported agricultural accidents, the current
regulations in Poland, although introduced to discipline potential claimants, seem unsatisfactory.
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Citation
Przegląd Prawa Rolnego, 2007 Nr 1, s. 256-273.
Seria
ISBN
978-83-232176-0-2
ISSN
1897-7626