Supreme Court reverses dismissal, ruling statute of limitations starts when employee learns of income loss from disability pension vs. wages.
Pologne (PL)
Synthèse Legislator
Généré par l'IAThe Supreme Court of Poland revoked the lower court's dismissal of the plaintiff's claim for compensatory pension. The lower court incorrectly held the three-year limitation period began when the worker learned of his occupational disease, ignoring that he continued working and earning wages. The court ruled that the limitation period only starts when the employee discovers the specific economic loss, defined as the difference between their disability pension and the wages they would have earned without the injury. Consequently, the case was remanded for a new trial to determine the exact date this income disparity was discovered.
Regeste Legislator
Généré par l'IAArt. 442 § 1 zd. 1 KC; Art. 3 § 2 KPC; The three-year statute of limitations for a claim for compensatory pension begins from the date the injured worker becomes aware of the specific economic loss, calculated as the difference between the disability pension received and the wages they would have earned had the injury not occurred, rather than from the date of diagnosis or notification of the disease.