Supreme Court allows work accident claim by family member when social insurance fund pays benefits.
Pologne (PL)
Synthèse Legislator
Généré par l'IAThe Supreme Court of Poland overturned the lower court's dismissal of a work accident claim filed by a widow against a housing cooperative. The lower court rejected the suit because the cooperative had lost its cooperative status and the Social Insurance Fund was now the sole payer of benefits. However, the Supreme Court ruled that the plaintiff retains a legal interest in obtaining a court order to substitute the accident protocol, which is required for the Social Insurance Fund to issue benefits. Consequently, the case was remanded for a new trial to determine the accident's nature.
Regeste Legislator
Généré par l'IAArt. 189 Kodeksu postępowania cywilnego; Art. 36 ustawy wypadkowej: A worker or family member has a legal interest in obtaining a court order substituting an accident protocol when seeking benefits from the Social Insurance Fund, even if the employer is no longer the direct obligor.