Относно приспадането на получено осигурително обезпечение от размера на обезщетениетоза неимуществени вреди при трудова злополука или професионална болест
Автори: Райна Койчева, Жанета Христова
On the Deduction of Received Public Security Benefits from the Amount Compensation for Non-Pecuniary Damage in Case of an Occupational Accidents or Occupational Disease
Rayna Koycheva, Janeta Hristova
Резюме
The article examines whether public security benefits received by insured person should be deducted from the amount of compensation owed by the employer for non-pecuniary damage suffered by the worker or the employee, or by their relatives in cases of harm to life or health resulting from an occupational accident or occupational disease. Given the established contradictory judicial practices, the Supreme Court of Cassation considers this issue through Interpretative Case No. 1/2023. This article is based on the submitted opinion in that proceeding, which the court’s final conclusions adopt, and argues – through analysis of legal framework – that the amount of non-pecuniary damages should not be deducted from the received compensation and/or pension from the public insurance system.