Minor child injured helping parents in farm work entitled to one-time compensation despite parental negligence.
Legislator summary
AI generatedThe Supreme Court reversed the appellate court's dismissal, ruling that an eight-year-old child is eligible for one-time compensation after being injured while assisting parents in agricultural work. The lower court denied the claim based on the child's age and the parents' alleged gross negligence, arguing the child lacked the capacity for fault. The Supreme Court held that the statutory definition of 'nearest relative' includes minor children and that the prohibition on child labor does not negate the accident's status or exempt the parents from liability.
Legislator headnote
AI generatedArt. 10 ust. 1 pkt 2 ustawy z dnia 20 grudnia 1990 r. o ubezpieczeniu społecznym rolników; The prohibition on employing children does not preclude a minor from claiming one-time compensation for an accident occurring while assisting parents in farm work, nor does parental negligence bar the claim when the minor cannot be held liable for gross negligence.