Civil claim for work accident compensation dismissed as statute of limitations expired; criminal charge not required for tort liability.
Legislator summary
AI generatedThe Supreme Court dismissed the plaintiff's cassation appeal regarding a work accident claim, ruling that the three-year statute of limitations had expired. The plaintiff argued that the claim did not lapse because the employer's liability stemmed from a criminal offense (negligence causing severe injury) rather than simple tort, which would extend the limitation period to ten years. The court held that civil liability for work accidents based on tort does not require proving a criminal offense and that the limitation period began when the plaintiff knew of the damage and the obligor.
Legislator headnote
AI generatedart. 415 i nast. KC; art. 291 § 1 KP; art. 442 § 1 KC; art. 220 § 1 KK: A civil claim for compensation based on employer liability for a work accident does not require establishing that the employer committed a criminal offense, and the limitation period runs from the date the damage and obligor were known, regardless of potential criminal charges.