Liability for Health Damage – Public vs Private Area

Abstract

The article deals with the comparison of refunds of non-material damage in public and private area. In the public area is analyzed legal regulation on health injuries in service relations, in private area is discussed legal regulation on health injuries in civil law and labour law. Particular attention will be focused on the transfer of compensation in the event of injury to the heirs – while in service relationships, such claims are extinguished by death (not transferred on the heirs), which was taken over from the 1960s legislation, in current private law, do not cease if they have been recognized or at least brought in court. The aim of the paper is a critical analysis for the current state of legal regulation and the proposals de lege ferenda (approximation to labour law regulation). The issue has increased importance for public finances and functioning of public sector and enforcement of the rule of law.

Keywords

• compensation
• registered partnership
• injury
• soldier
• employee