II PZP 1/94
AI generated
Employee can sue to correct accident protocol if no direct compensation claim exists but legal interest remains.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court ruled that an employee may file a lawsuit to correct an accident protocol under Article 189 of the Civil Procedure Code even without seeking direct compensation. The plaintiff argued his heart attack was work-related due to stress, while the employer claimed it occurred during vacation and lacked extraordinary stress. The court affirmed the procedural right to sue for factual correction when a legal interest exists, provided no direct claim for benefits is pursued.
Legislator headnote
AI generatedArt. 189 k.p.c.; Art. 391 k.p.c.: An employee has the right to file a lawsuit to establish and correct an accident protocol if they have a legal interest in the determination, even without seeking direct compensation benefits.
Keywords
AI generated
accident protocol correction
work accident determination
legal interest requirement
civil procedure code
employee rights protection
Cited Legislation
AI generatedArt. 189 k.p.c.
Art. 391 k.p.c.
Dz. U. Nr 37, poz. 160
Dz. U. Nr 30 z 1983 r., poz. 144
art. 391 k.p.c
art. 189 k.p.c
Cited Case Law
AI generatedII PRN 8/92 (OSNCP 1993 z. 6 poz. 114)