Legal regime of work-related injury and occupational disease in domestic and comparative law

D, Petrović

doi:10.5937/spz63-20957

Strani pravni život

2019

DOI: 10.5937/spz63-20957

|View full text |Cite

Legal regime of work-related injury and occupational disease in domestic and comparative law

Petrović D

Abstract: Šta se podrazumeva pod pojmom povreda na radu, odnosno profesionalna bolest može biti različito regulisano u zavisnosti od državne politike i njenog zakonodavstva. S druge strane, značaj definicije ova dva pojma nesporan je budući da se u ovim slučajevima može ustanoviti poseban tretman, u cilju diferencijacije doprinosa poslodavaca, odnosno pružanja povoljnijih beneficija žrtvama ovakvih povreda, tj. bolesti. Imajući to u vidu, posmatrali smo ove pojmove iz ugla domaćeg i uporednog zakonodavstva, uz isticanje… Show more

Help me understand this report

Search citation statements

Order By: Relevance

Paper Sections

Select...

Citation Types

Supporting

Mentioning

Contrasting

Year Published

2022

2023

Publication Types

Select...

Article2

Relationship

Self Cite0

Independent2

Authors

Journals

Cited by 2 publications

References 1 publication

Supporting

Mentioning

Contrasting

Order By: Relevance

Employer 's liability in Serbia for damage caused by work injury: The case of professional athletes

Petrović¹

2023

Pravni zapisi

View full text Add to dashboard Cite

The right to safety and health at work is one of the fundamental human rights at work, which is protected by the highest international and national legal instruments. In Serbian law, such a right is protected, firstly, by the Constitution of the Republic of Serbia itself and then, further, through the Labour Law and the Law on Safety and Health, whose norms address this issue more thoroughly. These norms are embodied first and foremost in certain obligations of employers, with the aim of ensuring safety and health at work primarily for their employees. In cases where the employer fails to provide a safe and healthy work environment, or even when an injury happens despite everything in this process being done correctly, the question of the employer's liability for the damage which was caused at work arises. This paper provides an analysis of this issue, with emphasis on the issue of liability for the damage thus caused to the athletes with an employee status.

show abstract

Employer 's liability in Serbia for damage caused by work injury: The case of professional athletes

Petrović¹

2023

Pravni zapisi

View full text Add to dashboard Cite

show abstract

Covid-19 disease: Injury at work or an occupational disease?

Petrović¹

2022

Strani pravni život

View full text Add to dashboard Cite

The COVID-19 disease pandemic has opened a number of legal issues, one of which is the need to define COVID-19 as a possible consequence of performing work. In that sense, the question arose whether it could be qualified as an injury at work or as an occupational disease. When it comes to the comparative law, this need to put COVID-19 in a professional context has already been answered in various ways, and the wandering in that process (due to the complexity of the issue) is probably best illustrated by the fact that in some systems it takes on the nature of a legal chameleon that is adjusting itself to a sector of work or to a period of exposure to the virus. In the Republic of Serbia, on the other hand, the controversy on this issue is still ongoing - which is also the reason why a review of comparative legal experiences is necessary. And while the qualification of COVID-19 as an injury at work is problematic due to the fact that it is hard to define an event that could be characterized as an accident at work that produced such a consequence, the qualification of COVID-19 as an occupational disease encounters other problems. Most of those problems in the Republic of Serbia, on the other hand, are systemic in nature and, therefore, require fixes of the existing legal gaps and systematic changes of the existing regulations by the Serbian lawmaker. Additionally, when it comes to COVID-19, the one question that arises is the question of causality - having in mind that in this day and age we are all in contact with the SARS-CoV-2 virus to a greater or to a lesser extent. In that sense, occupational medicine will be entrusted with the difficult task of determining the occupational origin of this disease - since it does not seem fair to recognize the status of an occupational disease to an employee if there are reasonable suspicions on the matter whether the infection took place during his performance of his work tasks.

show abstract

scite is a Brooklyn-based organization that helps researchers better discover and understand research articles through Smart Citations–citations that display the context of the citation and describe whether the article provides supporting or contrasting evidence. scite is used by students and researchers from around the world and is funded in part by the National Science Foundation and the National Institute on Drug Abuse of the National Institutes of Health.

Contact Info

customersupport@researchsolutions.com

10624 S. Eastern Ave., Ste. A-614

Henderson, NV 89052, USA

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Blog Terms and Conditions API Terms Privacy Policy Contact Cookie Preferences Do Not Sell or Share My Personal Information

Made with 💙 for researchers

Part of the Research Solutions Family.

Legal regime of work-related injury and occupational disease in domestic and comparative law

Cited by 2 publications

References 1 publication

Employer 's liability in Serbia for damage caused by work injury: The case of professional athletes

Employer 's liability in Serbia for damage caused by work injury: The case of professional athletes

Covid-19 disease: Injury at work or an occupational disease?

Contact Info

Product

Resources

About