Legislator Case Law & Legislation
II UKN 551/98 AI generated

Civil Code allows cumulative compensation for work accident damage and increased disability pension.

Case Number II UKN 551/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal against a lower court ruling awarding both a lump-sum compensation and a compensatory pension. The plaintiff, a worker with a work-related occupational disease, argued that receiving a lump sum for increased disability should preclude a monthly pension. The court held that these are distinct legal remedies based on different statutory provisions and do not constitute double payment for the same loss. Consequently, the court upheld the lower court's decision to award both benefits cumulatively.

Legislator headnote

AI generated

Art. 442 § 2 KC; Art. 444 § 2 KC: The right to a lump-sum compensation for increased disability does not exclude the right to a compensatory pension, as these are distinct legal remedies for different aspects of the same injury.

Keywords

AI generated
cumulative compensation work accident occupational disease compensatory pension Civil Code double payment disability assessment

Cited Legislation

AI generated
Art. 442 § 2 KC
Art. 444 § 2 KC
Art. 213 § 2 KPC
Art. 217 § 2 KPC
Art. 227 KPC
Art. 393 § 12 KPC

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