Legislator Case Law & Legislation
I PK 95/10 AI generated

Employer liability for tuberculosis infection due to failure to inform workers of occupational risks under Polish law.

Case Number I PK 95/10
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court of Poland partially allowed the plaintiff's cassation appeal against a lower court dismissal of her claim for damages. The plaintiff, a social worker, contracted tuberculosis after being exposed to infectious cases while working without adequate information on prevention methods. Although the lower court acknowledged the link between her job and the infection, it dismissed the claim because she did not develop the full disease. The Supreme Court ruled that the failure to inform about risks constitutes non-material damage (krzywdę) under Article 445 of the Civil Code, entitling her to compensation for the psychological suffering and functional impairment caused by the infection.

Legislator headnote

AI generated

Art. 445 k.c.; Art. 300 k.p.: The employer's failure to inform an employee of occupational risks regarding infectious diseases constitutes non-material damage (krzywdę) under Article 445 of the Civil Code, entitling the employee to compensation for the psychological suffering and functional impairment resulting from the infection, even if the full disease has not yet developed.

Keywords

AI generated
employer liability occupational risk tuberculosis infection non-material damage failure to inform psychological suffering Article 445 Civil Code

Cited Legislation

AI generated
Art. 445 k.c.
Art. 300 k.p.
Art. 415 k.c.
Art. 448 k.c.
art. 445 k.c
art. 300 k.p
art. 445 § 1 k.c
art. 448 k.c
art. 378 § 1 k.p.c
art. 328 § 2 k.p.c

Cited Case Law

AI generated

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