La revue regards sur le droit social
Volume 6, Numéro 1, Pages 54-62
2015-12-31
مدى تأثير خطأ العامل المضرور من حادث عمل على حقه في التعويض
الكاتب : عفاف تلمساني .
الملخص
The present study discusses the error of an injured worker in a work accident and his right to compensation. So, it starts with defining what a work accident is in the Algerian law and the Arab laws as well, and to what extent the Algerian legislator expands the work accident definition for the sake of giving more protection to the worker. But, what if the accident is a result of an error that is made by the worker himself? Will it have an impact on his right to compensation? According to the general laws, the worker has no chance to benefit from any compensation of any damage that may happen if the accident is caused by him. To answer the previous question, I have dealt with the attitudes of different legislations which deprive the injured worker from the right to indemnification because of his or her intentional error, and the attitude of the Algerian legislator who had used not to offer any indemnity for any premeditated error before the law 83-13 was issued. The latter, after being applied, has given the right to any injured worker to benefit from compensation of any damage regardless the kind of error.So,in order for my research work to be well organized, I divide it into two most important parts:
الكلمات المفتاحية
Defining the concept of Work accident.The impact of the worker’s intentional error on his or her right to indemnification
مقالات مماثلة
زيبار الشاذلي
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بوهنتالة ياسين
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ص 124-140.
