Legislator Case Law & Legislation
II UKN 217/98 AI generated

Supreme Court classifies a work trip accident as equal to work accident when employee stays at lodging instead of home.

Case Number II UKN 217/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal and awarded costs to the plaintiff, Jarosław S., regarding his deceased wife's death. The Regional Court had reclassified the accident as equal to a work accident, ruling that the employee's journey to her parents' home during a business trip constituted work-related activity. The Court upheld this decision, reasoning that since the employee did not return to her permanent residence but to her lodging, all actions during the trip remained linked to her employment duties.

Legislator headnote

AI generated

Art. 6 ust. 2 pkt 1 ustawy z dnia 12 czerwca 1975 r. o świadczeniach z tytułu wypadków przy pracy i chorób zawodowych; An accident occurring during a business trip is classified as equal to a work accident if the employee does not return to their permanent residence but to their lodging, thereby maintaining the functional link to employment duties.

Keywords

AI generated
business trip accident equal to work accident employee lodging work injury law permanent residence functional link casation appeal

Cited Legislation

AI generated
Art. 6 ust. 2 pkt 1 ustawy z dnia 12 czerwca 1975 r. o świadczeniach z tytułu wypadków przy pracy i chorób zawodowych
Art. 393 § 12 Kodeksu postępowania cywilnego

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