Legislator Case Law & Legislation
II UKN 395/00 AI generated

Medical staff cannot refuse dangerous work; employer bears liability for HBV exposure due to lack of vaccination.

Case Number II UKN 395/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the plaintiff's claim for compensation after finding the employer liable for the plaintiff's Hepatitis B infection. The court ruled that medical personnel do not have the right to refuse dangerous work under Article 210 of the Labor Code, and the employer failed to provide necessary protective measures like pre-existing vaccinations. Consequently, the court held the employer responsible for the lack of due diligence and ordered the case to be retried.

Legislator headnote

AI generated

Art. 210 § 1, 210 § 5 KP; Art. 231 KPC; Medical personnel cannot refuse dangerous work; employer bears liability for occupational exposure due to failure to provide protective measures.

Keywords

AI generated
Hepatitis B infection medical personnel liability labor code provisions occupational safety measures employer due diligence refusal of dangerous work civil compensation claim

Cited Legislation

AI generated
art. 210 § 1 KP
art. 210 § 5 KP
art. 231 KPC
art. 207 KP
art. 393 § 1 KPC
art. 108 § 2 KPC

Cited Case Law

AI generated

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