Our law firm is ready to provide you legal assistance and legal representation in seeking compensation for injury to person or property in the following cases:
1. Claims for compensation for injury to person or property suffered by an employee due to work accident or occupational disease
Liability of the employer for injury to person or property suffered by an employee as a result of a work accident or an occupational disease is one of the categories of employer’s liability for injury suffered by employees. The employer’s liability for injury to person or property suffered by an employee as a result of a work accident or an occupational disease is a case of strict liability where the employer is liable even if no employer’s fault or breach of statutory duty is involved.
All of the following conditions must be met to give rise to employer’s liability for injury to person or property suffered by an employee as a result of a work accident or an occupational disease:
a) the employee has been injured in a work accident, or the employee has been diagnosed with an occupational disease;
b) the employee has suffered injury to person or property;
c) there is a causal link between the work accident or the occupational disease and the injury to person or property suffered by the employee.
In certain cases foreseen by law, the employer may, however, be released from the liability for work accident or occupational disease in full or in part (i.e. released from the obligation to compensate the employee for injury to person or property).
In addition, the employer is liable to the employee for any damage incurred during or directly in connection with the performance of work tasks or as a result of the breach of employer’s duties or intentional conduct against good morals (i.e. general liability) and for damage suffered by the employee when averting damage that the employer could have otherwise incurred, or mitigating life- or health-threatening hazards, or damage to personal belongings of the employee.
2. Damage inflicted on employer by employee
By the same token, the employee is liable for damage caused to the employer. The employee’s liability for damage inflicted on the employer is a case of fault-based liability; in other words, the employee is liable to the employer only where there is fault-based breach of employee’s obligations.
Employees are obliged to compensate the employer for damage caused by fault-based breach of employee’s obligations when performing their work tasks or directly in connection with their performance (i.e. general liability), for damage caused due to failure to fulfil their obligation to avert damage or for any loss involving entrusted property or funds, which must be accounted for by the employee.
3. Claims for compensation of damage arising in connection with road accidents
Anyone who has suffered injury to property or person including, without limitation, bodily injury or property damage as a consequence of a road accident may seek damages. The damages may be claimed, depending on the circumstances and nature of the road accident, in civil, administrative or criminal proceedings.
4. Injury resulting from a criminal offence
A victim, i.e. a person who has suffered bodily injury, injury to person or property resulting from a criminal offence or at whose expense the offender has unjustly enriched, has the right to recover compensation from the offender. On the other hand, a person who feels morally or otherwise injured as a result of a criminal offence, but where the injury has not been caused by fault of the offender or where there is no causal link between the criminal offence and the injury suffered does not qualify as a victim.
One of the rights of a victim in criminal proceedings is to seek that the court, in its judgment of conviction, orders the defendant to compensate the victim for the injury to person or property (suffered by the victim as a result of the criminal offence), or where the case may be, to provide restitution for the unjust enrichment acquired through the criminal offence (by the accused) at the expense the victim.
The victim may claim the compensation for injury to person or property, or for the restitution of unjust enrichment also outside the criminal proceedings, namely in civil proceedings or in proceedings before other competent bodies, for instance, when the criminal court directs the victim to such a procedure to make the claim.
5. Claims of air passengers in the event of denied boarding, flight cancellation or long delay of flights
Under European Union law, air passengers have the right to be assisted and compensated by the relevant air carrier if the passengers are, either denied boarding, their flight is cancelled or there is a long delay of their flight. These cases include, without limitation, claims for reimbursement of cost of the flight ticket or the right to be re-routed under comparable transport conditions to their final destination, right for free-of-charge meals and refreshments proportionate to the waiting time, accommodation in a hotel where it is necessary to stay over one or more nights, transport from the airport to the place of accommodation and the right to damages determined as a flat-fee depending on the duration of the flight.
Please do not hesitate to contact us if you wish to find out more about how to claim the compensation in each of the situations above or if you need to know anything about any damage or injury you have suffered.