KCC 21/2010
Type
Case
Court
Kuwait Court of Cassation
Jurisdiction
Kuwait
Taxonomy
General Personal Injury, Rights & Duties of Employees & Employers
Copyright
LexisNexis
Decision date
10 Jan 2011
Catchwords
Personal Injury – Workplace Injury – Settlement – Employer’s Liability – Employee’s Rights
This case involved a claim for compensation by an employee who had been injured in a workplace injury. Although the employee had settled in a case for a 10% disability that settlement should not be relevant in this new case for a permanent disability.
Background
An employee made a complaint against a company and requested the Labour Department to order the company to pay him compensation for a workplace injury. The department referred the case to the court.
The court rejected the case.
The employee appealed the ruling before the court of appeal. The court upheld the appealed ruling.
Decision
The employee 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 court had rejected the case based on the argument that he gave up his rights though the first case which was related to disability rate of 10% and it should not be applied to the current case.