Rekompensata szkody na osobie pracownika
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Date
1988
Authors
Advisor
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Publisher
Wydział Prawa i Administracji UAM
Title alternative
Compensation for personal injurier of an employee
Abstract
1. Compensation for personal injuries sustained by an employee has long been
a controversial social and legal problem. Namely, social insurance benefits do not
cover a full damage. Thus, the greater the difference between the damage and
those benefits, the more significant from a social point of view the problem of
obtaining a compensatory payment becomes.
2. The Act on Accident Benefits of 1975 introduced for an employee a more
advantageous system of compensating personal injuries than the previous law.
However, the present regulation is not free from shortcomings. There still remains
an unsolved, yet basic problem of just compensation. The present system
does not provide for a compensation of a full damage (in a civil law meaning)
but of a damage defined in the Act. The maximum level of social insurance benefits,
including benefits obtained form an employer, is limited by the Act. The
source of compensation for the loss of income due to a complete on partial inability
to work are— depending on its period and a character and degree of disturbance
of health — sick benefits, salary differentials, rehabilitative payments, compensation
allowances, compensation payments and disability pensions Furthermore,
an injured person, or — in the case of his/her death — members of his/her family
are entitled to a single indemnity, the level of which (maximum: 250 000 zl)
depends on the percentage of a permanent or long-lasting detriment to the health. 3. Even though a compensation covers only a part of the damage, an employer
— by virtue of the Act of 1975 — is not liable (civil law liability) for the
damage resulting from labour accidents or occupational diseases. Similarly, if
a person causing damage is an employee, he/she is also free from civil law liability.
An injured person may thus obtain a compensatory payment only when a
third party is a person liable for the damage. In turn, an employer is liable for
a damage causally linked with employment, yet resulting from another occurence
than occupational accident or disease.
4. A principle adopted in the present system: a sure yet not full allowance,
does not correspond with social expectations. Therefore, it is necessary to continue
the process of improving a system of compensation for personal injuries.
An optimum model would be to depart from states of affairs determining rights
to allowances (labour accidents, occupational diseases) and to adopt a rule that
each damage which is in causal nexus with employment would give a right to
allowances covering, in principle, a full damage. Before such a rule is introduced,
an employer should be held liable for any non-compensated damage, especially
if an employer or its subordinates could be held guilty of such a damage.
Description
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Digitalizacja i deponowanie archiwalnych zeszytów RPEiS sfinansowane przez MNiSW w ramach realizacji umowy nr 541/P-DUN/2016
Keywords
Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny 50, 1988, z. 4, s. 133-153
Seria
ISBN
ISSN
0035-9629