| Abstract [eng] |
This paper analyses the formulated practice of the Supreme Court of Lithuania dealing with cases of material liability for damages incurred by employees as a result of injury, health alterations of any kind or death. It also defines the role of the Supreme Court dealing with problems that arise in these cases and tries to find ways to solve them. The paper first examines the concept of material liability according to labour law, referring to legal acts and court decisions as well as the concepts of occupational accidents and diseases. Moreover, the problem of determining occupational diseases is also discussed. Furthermore, the paper explains the position of material liability for damages incurred by employees as a result of injury, health alterations of any kind or death, its relation with other legal liabilities and social security law. The material liability according to the labour law conditions are explained, and a particular analysis referring to the Supreme Court decisions is given. Finally, the paper analyses the determination of the material extent of damage, the compensation limits and payment procedures according to the Interim law on compensation of damage due to occupational accidents and diseases, to the law on social insurance of occupational accidents and diseases, the previous and present Civil and Labour codes. Also, the paper presents the problems applying to the afore mentioned legal acts analysed in Supreme Court cases. |
