Legislator Case Law & Legislation
II PK 24/05 AI generated

Civil court ruling that work injury compensation for retraining covers only police school, not university studies.

Case Number II PK 24/05
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the plaintiff's cassation appeal against a lower court decision limiting work injury compensation for retraining. The plaintiff, who lost his right hand in a workplace accident, sought to cover the full cost of university studies to become a tourist guide or IT specialist. The court held that compensation under Article 444 § 1 of the Civil Code is strictly compensatory and must restore the victim's ability to earn a living, which was already achieved upon completing the police vocational school. Consequently, costs for higher education beyond that point were deemed unrelated to the injury and thus inadmissible.

Legislator headnote

AI generated

Art. 444 § 1 k.c.; Compensation for work injury retraining is limited to costs necessary to restore the victim's ability to earn a living, excluding higher education costs once vocational qualifications are obtained.

Keywords

AI generated
work injury compensation retraining costs police vocational school university studies compensatory principle Civil Code Article 444 ability to earn living

Cited Legislation

AI generated
art. 444 § 1 k.c.
art. 39312 k.p.c.
art. 444 § 1 k.c
art. 361 k.c
art. 39312 k.p.c

Cited Case Law

AI generated
orzeczenie Sądu Najwyższy z dnia 4 maja 1934 r., C.III. 319/33
orzeczenie Sądu Najwyższy z dnia 14 lipca 1972 r., I CR 188/72
orzeczenie Sądu Najwyższy z dnia 4 czerwca 1970 r., I PR 64/70

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