| Abstract [eng] |
Compensation for Damages Caused by Employee’s Injury, Death of the Employee and the Infringement of the Employees or Other Persons’ Interests The employer's duty is to organize work in such a way as not to endanger the health and life of the employee, and the employer's property liability is subject to non-compliance with this duty. It is important that the employer's guilt is presumtive when the presumption of integrity is denied, and accordingly the liability is applied without fault. The necessity to reimburse the harm caused to a person is a constitutional principle, the laws must make all the necessary legal premises to compensate for the damage caused properly. In addition, each stake-holder of the contract of employment must be liable for any violation of his employment obligations as a result of his fault to the other party of the contract, both material and non-pecuniary damage. The damage caused to the worker's health caused by non-pecuniary damage is intended to compensate for the physical harm suffered as a result of the spiritual experiences and to try to restore the employee as much as possible before the injury, respectively, when third parties claim this right as a result of harm to the employee's health and life, the most significant circumstance is to the extent objectively maturely linked very closely with each other. Given that it is not possible to accurately assess the non-material damage in cash, the existing principle of full compensation can not be objectively applied to it‘s extent. Normally, the law provides for monetary compensation, which seeks to compensate harm suffered by the victim fairly. The first part of the work analyzes the concept of employer's property liability and their features in general issues, as well as examines employer's property liability conditions. In the second chapter of the work, special attention is paid to the damage caused to the employee's health and life insurance system in Lithuania. The third section invstigates cases in the court of law in order to determine the amount of non-pecuniary damage. The subjects who claim the right to compensation because of the harm caused to the employee’s life and health is disclosed with related materials. |
