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Abstract

Analyzing the distinctive features of civil liability in occupational accidents first requires clarifying the very terms of the subject. While the notion of civil liability calls for little comment—designating the body of rules obliging the author of harm caused to another to repair that prejudice by compensating the victim—the notion of occupational accident warrants closer attention. In its strict sense, an occupational accident implies a sudden accidental event linked to the performance of work under an employer's authority, during working time and on the workplace. Although this strict meaning better matches the definition, practical and legal usage adopts a broader sense encompassing not only the occupational accident proper but also, by assimilation, the commuting accident and occupational disease. Having delimited the notion, the author confines the study to civil liability within its statutory scope and the cases specifically determined by the legislator, examining the particularities that distinguish this regime from ordinary civil liability.

DOI

10.66499/2665-7112.1676

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