Delodajalci in posledice prometnih nesreč : nadomestilo plače v času nezmožnosti za delo ...

slovenian

2014

volume 40, issue 8

IUS SOFTWARE d.o.o.
(Obvezni izvod spletne publikacije)

A consequence of a road traffic accident can also be temporary incapacity for work. If the injured person is employed, the employer must pay wage compensation for up to 30 working days; afterwards this duty goes over to the State health insurance carrier. If a third person is liable for the accident (tortfeasor), the latter has a subrogation right against its motor liability insurance, albeit in a form of a lump sum. However, according to the narrow and formalistic interpretation, prevailing at the courts, an employer does not have such a right. Consequently, the tortfeasor and its insurance company are partially exempt from liability. The article presents the legal context and points out the inconsistency of this solution, which is unfair against employers and deviates from the basic principles of tort law. Notwithstanding the absence of express provisions, the right of the employer to claim back the wage compensation can be derived from the general rules of the law of obligations on subrogation.

19.01.2017