KCC 18/2010
Type
Case
Court
Kuwait Court of Cassation
Jurisdiction
Kuwait
Taxonomy
Limitation of Actions, General Personal Injury, Rights & Duties of Employees & Employers, Contract & Conditions of Employment, Litigation Procedure & Practice
Copyright
LexisNexis
Decision date
6 Apr 2011
Catchwords
Personal Injury – Workplace Injury – Employer’s Liability – Employment Contract – Treatment – Statute of Limitations – Litigation Procedure
This case involved a claim for compensation by an employee who had been injured in a workplace accident. The key issue in this case was the calculation of the statute of limitations as the employee had continued to work for the company after the incident and his employment contract had not been terminated.
Background
An employee made a complaint before the Labour Department and stated he used to work with a subcontractor who had a contract with a company and he was injured at work. The employee requested the department to order the company and the contractor to pay his salaries and compensation. The department referred the case to the court.
The company added an insurance company to the case and requested the court to order the company to pay the value of compensation.
The court refused to consider the case due to the statute of limitation.
The employee appealed the ruling before the court of appeal. The court upheld the appealed ruling.
Decision