| Abstract [eng] |
Compensation of Damage Done to the Health of the Employee in Lithuania Current master thesis “Compensation of Damage Done to the Health of the Employee in Lithuania” analyses a number of legal regulations. The aim of the paper is to create a comprehensive set of employees’ rights regarding the compensation for the detriment to their health. In order to achieve this aim the paper presents historical development of legislation related to compensation for the detriment to employee health, the ways of compensation, interplay of the laws, as well as compensation for non-material damage. Taking that into account, this paper “Compensation of Damage Done to the Health of the Employee in Lithuania“ is trying to outline legal regulations regarding compensation for the detriment to employee health and the possible issues related to those legal regulations and their interplay. Looking at the issue from a different angle, it is possible to come up with the following question: Will the employee, who has suffered the damage, be secured with full material and non-material loss reimbursement? While at the same time the comparable damage reimbursement legal regulation interaction and compatibility is also questionable. There is an old and negative stereotype, that accidents and occupation related illness social insurance priority has the employee interests, and not both (employer and employee interests). Proposition to increase security limits at work, or at least to create a possibility for the employee to acquire a private liability insurance is being proposed. The legislator‘s decision regarding procedural issues for the compensation of damage done to the health of the employees is to be assessed critically, because of the following reason – the legislator declined to include compensation of damage done to the employee due to the procedural peculiarities of labour litigation. However, the legislator‘s aim concerning to provision of additional protection for the employee regarding the reorganization and liquidation of the employer, is assessed positively. The Lithuanian Court‘s jurisprudence is examined regarding non-material damage due to employee health damage compensation. |
