Legislator Case Law & Legislation
II UKN 11/98 AI generated

Supreme Court dismisses appeal when employee's gross negligence is not sole cause of accident.

Case Number II UKN 11/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the Social Insurance Institution's appeal against a lower court ruling granting disability benefits to an employee injured in a workplace commute accident. The employee was found negligent for crossing a crossing without checking for oncoming trams, but the court determined this did not constitute gross negligence. The decision relied on expert opinions showing the tram driver could have avoided the collision, establishing that the accident was not solely caused by the employee's actions.

Legislator headnote

AI generated

Art. 8 in conjunction with Art. 41 ust. 4 of the Act on Benefits from Work Accidents and Occupational Diseases; An employee's negligence in a work accident does not preclude benefits if the accident was not caused exclusively by that negligence.

Keywords

AI generated
workplace commute accident gross negligence standard exclusive fault requirement disability pension benefits Social Insurance Institution appeal

Cited Legislation

AI generated
art. 8 in conjunction with art. 41 ust. 4 of the Act on Benefits from Work Accidents and Occupational Diseases
art. 393 15 of the Code of Civil Procedure

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text