"Compensation paid by employees can be claimed to workplace" Supreme Court judges for the first time

`` Compensation paid by employees can be claimed to work place '' First judgment by the Supreme Court February 28 19:14

The Supreme Court will be able to claim your employer in a court case over whether an employee who had an accident while working paid compensation to the other party, was also liable whether the company at work was also liable. I showed my first decision.

A woman who worked for Fukuyama Express, a major transportation company, died while driving a truck on business, and was sued by her family to pay compensation.

Article 715 of the Civil Code, which stipulates the liability of "employers" who employ employees, stipulates that if the employer compensates, the employee can claim it, but there is no provision for the reverse case like this time The woman filed a lawsuit seeking compensation from Fukuyama Express, but was dismissed in the second instance and appealed.

Judge Koichi Kusano of the Supreme Court's 2nd Preliminary Court ruled that the interpretation of Article 715 of the Civil Code states that "employees are not only liable to third parties, but also damaged in relation to those employed. You should understand that there are times when you have to bear the burden. "

In addition, the court rejected the ruling of the second trial and filed a trial in the Osaka High Court, stating that "if the employed person compensates a third party, the employer can claim the amount deemed appropriate from the viewpoint of impartial sharing of damages." Was ordered to be redone.

In the future, if employees pay compensation in the same way during work accidents, it is likely that the employer will be required to bear a certain burden.

Fukuyama Express "No Comments"

Regarding the Supreme Court's ruling, the Fukuyama Transportation General Affairs Department has stated, "We will not comment on the company."