KCC 406/2003

This case involved a request for an expert to be appointed to estimate compensation due by an employee who had contracted hepatitis at work. Administrative bodies were not responsible for providing compensation for workplace injuries which had not been caused by their mistake.

Background

A claimant filed a case against a defendant and requested the court to appoint an expert in order to estimate the compensation he deserved after contracting Hepatitis at work.

The court ruled that the defendant should pay the claimant 17000 Dinars.

The defendant appealed the ruling before the court of appeal. The court changed the appealed ruling and ruled the defendant should pay the claimant 12000 Dinars.

Decision

The defendant appealed the ruling before the court of cassation and stated in his grounds of appeal that the ruling had erred in the application of law because the legislator had not obliged the state to compensate employees were injured at work if they were not the party responsible for the mistake which resulted from this injury.