| Abstract [eng] |
In the paper I analyse practice of the Lithuanian Supreme Court in trying the cases related with employer’s material liability for the loss made by mutilation or other harm made to his/her health of through death of the victim. Bases and conditions, the presence of which cause employer’s and state’s obligation to indemnify the loss made due to injury at work, including non-material loss, consolidated in the national legal acts, are given. Employer’s material liability is regulated by a number of law branches: work law, civil law and social law. Conditions of material liability arousal are analysed basing upon the laws, by-laws, jurisprudence. Especial attention is paid at the practice formed by Lithuanian Supreme Court in 1996-2007 regarding conditions of employer’s material liability as well as basic provisions for loss indemnification. It is explained which subjects have the duty to indemnify the loss, also who acquires the right for loss indemnification. Loss indemnification ways for the employees insured with professional and social insurance against accidents at work are discussed as well as the cases when no such insurance is performed. Non-material (moral) loss indemnification issues in the work law and civil law context are analysed. In the paper I analyse the law application problems arising in the first and the appeal instance court practice, as well as reasons of the mistakes. In the conclusions theoretical and practical aspects of employer’s material liability are summarized. |
