Legislator Case Law & Legislation
II UKN 280/99 AI generated

Hospital employer bears increased liability for medical staff hepatitis infection without employee proving work connection.

Case Number II UKN 280/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court dismissed the employer's cassation appeal, upholding the lower court's award of compensation to nurses infected with hepatitis. The court found that hospital staff cannot refuse unsafe work to protect health, creating a presumption of causation between their employment and infection. Consequently, the employer must prove the infection occurred outside of work duties to avoid liability.

Legislator headnote

AI generated

Art. 210 § 5 in conjunction with Art. 210 § 1 of the Labour Code; Art. 231 of the Code of Civil Procedure: Medical personnel employed in a hospital are presumed to have contracted infectious diseases during work, shifting the burden of proof to the employer to demonstrate the infection occurred independently of their employment.

Keywords

AI generated
hospital employer liability medical staff infection presumption of causation burden of proof reversal hepatitis occupational disease labour code provisions workplace safety risk

Cited Legislation

AI generated
Art. 210 § 5 in conjunction with Art. 210 § 1 of the Labour Code
Art. 231 of the Code of Civil Procedure
Art. 291 § 1 of the Labour Code
Dz.U. Nr 36, poz. 199 (Regulation on the principles and procedure for determining damage to health)

Cited Case Law

AI generated
III PZ 29/84

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