RISK OF COMPENSATION IN THE LIGHT OF HARM TO A THIRD PARTY BY AN EMPOYEE

• Published in: Zeszyty Naukowe Wyższej Szkoły Finansów i Prawa w Bielsku-Białej Vol. 21; no. 4
• Main Author: Marek Jasion
• Format: Journal Article
• Language: English
• Published: University of Applied Sciences in Bielsko-Biała 01-02-2016
• Subjects: compensation risk; employee; employer; liability for damages
• ISSN: 2543-9103; 2543-411X

The paper undertakes an analysis of an employer`s financial liability for damages caused by an employee to a third party. The author presents controversies which appeared in this field of law in the doctrine and judicature. An attempt was made to determine the basis and regulations that trigger the liability of the employer. The paper presents how the regime of liability changes depending on whether the employer and the victim were or were not in any relationship of obligation before the damage occurred. However, the main purpose of the paper is to focus on a situation in which the victim, called the third party, is also an employee of the employer. The contemporary literature emphasizes the fact that the employer is increasingly burdened with the risk of paying compensation due to employment relationship with the victim. In practice, it is pointed out that the risk determines the extent of the employer’s compensation liability for damages. The aim of the paper is to analyze the practical significance of this risk in the scope of the employer's liability.