Legislator Case Law & Legislation
II PZP 14/05 AI generated

Supreme Court allows lawsuit to establish work accident status despite negative police report.

Case Number II PZP 14/05
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court resolved a legal question regarding whether an employee has standing to sue for a work accident determination when a negative police report exists. The court found that the procedural requirement of a legal interest under the Civil Procedure Code is met because the determination serves as a prerequisite for future social insurance benefits and damages claims. Consequently, the court ruled that the lawsuit is admissible regardless of the negative findings in the initial accident protocol.

Legislator headnote

AI generated

Art. 3 of the Social Insurance Act; Art. 189 of the Civil Procedure Code: An employee has a legal interest to file a lawsuit to establish a work accident status even if a negative police report exists, as the determination is a prerequisite for claiming social insurance benefits and damages.

Keywords

AI generated
work accident determination legal interest standing negative police report social insurance benefits civil procedure code employee rights procedural admissibility

Cited Legislation

AI generated
Art. 3 of the Social Insurance Act
Art. 189 of the Civil Procedure Code
Art. 365 of the Civil Procedure Code
Art. 199 of the Civil Procedure Code
Art. 366 of the Civil Procedure Code
art. 189 k.p.c
art. 390 § 1 k.p.c
art. 365 § 1 k.p.c
art. 366 k.p.c
art. 237 § 2 k.p

Cited Case Law

AI generated

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