Solidary liability of split factories for pre-split occupational diseases applies even if diagnosis occurred post-split.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court resolved a legal question regarding whether newly formed factories from a plant division are jointly liable for an employee's occupational disease diagnosed after the split. The plaintiff, a former worker now receiving disability pension, sought compensation from the successor entities, while the original plant argued that only the factory where the disease was last contracted should be liable. The court ruled that Article 231 § 4 of the Labor Code mandates joint liability for all new entities created by the division for obligations arising before the organizational changes, regardless of where the disease was medically confirmed.
Legislator headnote
AI generatedArt. 231 § 4 k.p.; Art. 32 ust. 2 pkt 2 ustawy o świadczeniach z tytułu wypadków przy pracy i chorób zawodowych: In cases of a factory division, all newly created entities bear joint and several liability for occupational disease obligations arising prior to the organizational changes, irrespective of the timing of the medical diagnosis.