Aktkualności BHP - special edition 2018/40

  • Accidents at work in case law
    • The relationship of an accident with work and other premises of an accident at work in the Supreme Court's case law (1)
      The relationship of an accident with work should be considered in terms of unity of place and time of work, obligations resulting from or related to the bond relation and accident occurrence. In order to determine the existence or severity of a relationship with work, the behavior of the employee who suffered an accident is decisive.
    • Solidary liability for an accident at work in the case of division of duties related to health and safety (4)
      The employer and the plant - on whose premises the employees of this employer performed the activities commissioned by the contract - are jointly and severally liable for the damage caused to the employee of the injured in an accident at work, if both of these entities respond on the basis of art. 435 of the Civil Code.
    • Request for rectification of the contents of the post-accident protocol (7)
      The employee may demand rectification of the cause of the accident indicated in the record of establishing the circumstances and causes of an accident at work (Article 189 of the Code of Civil Procedure). However, an action for establishing liability for the future for damages resulting from an accident at work is not admissible, when the injured employee did not claim civil damages.
    • An employer who does not supervise an employee may be liable for an accident at work (10)
      Lack of supervision by the employer on the way the employee works on the first day of his employment under a trial contract may be one of the causes of an accident at work justifying the acceptance of liability under Art. 415 of the Civil Code.
    • Compensation to an employee for an accident at work (12)