On the Deduction of Received Public Security Benefits from the Amount Compensation for Non-Pecuniary Damage in Case of an Occupational Accidents or Occupational Disease Cover Image

Относно приспадането на получено осигурително обезпечение от размера на обезщетението за неимуществени вреди при трудова злополука или професионална болест
On the Deduction of Received Public Security Benefits from the Amount Compensation for Non-Pecuniary Damage in Case of an Occupational Accidents or Occupational Disease

Author(s): Rayna Koycheva, Janeta Hristova
Subject(s): Law, Constitution, Jurisprudence, Civil Law, Labour and Social Security Law
Published by: Университет за национално и световно стопанство (УНСС)
Keywords: Employment Relationship; Employer's Pecuniary Liability; Non-pecuniary Damage; Occupational Accident; Occupational Disease

Summary/Abstract: The article examines whether public security benefits received by insured person should be deducted from the amount of compensation owed by the employer for non-pecuniary damage suffered by the worker or the employee, or by their relatives in cases of harm to life or health resulting from an occupational accident or occupational disease. Given the established contradictory judicial practices, the Supreme Court of Cassation considers this issue through Interpretative Case No. 1/2023. This article is based on the submitted opinion in that proceeding, which the court’s final conclusions adopt, and argues – through analysis of legal framework – that the amount of non-pecuniary damages should not be deducted from the received compensation and/or pension from the public insurance system.

  • Issue Year: 23/2024
  • Issue No: 1
  • Page Range: 51-61
  • Page Count: 11
  • Language: Bulgarian
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