Societas et Iurisprudentia (Mar 2019)
Singular Succession of Obligation to Compensate for the Loss Caused by Occupational Accident or Occupational Disease
Abstract
The presented paper describes for more than 25-year-lasting shortcomings of the current Czech legal regulations on employer’s liability in case of injury caused to employee as a result of occupational accident or occupational disease. The above-mentioned shortcomings arise from a combination of employer’s liability for damage caused to an employee by an occupational accident or occupational disease and statutory employer’s insurance specified for this case. In the context of the subject in question, we analyse the wrong practice of the lower courts, which, however, leads (at least in part) to correcting the inappropriate and ineffective legislation. Specifically, there are cases of transfer of rights and obligations from employment relationships with a universal legal successor where the courts in civil proceedings for compensation for damage caused to former employees in respect to occupational accident or occupational disease by a merged employer decide that in the proceedings the court will continue with the Czech Insurance Company or the Kooperativa Insurance Company, Vienna Insurance Group, where the merged employer is insured, instead of with the universal legal successor of the merged defendant company (employer).
