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- Carlsson, Mia, 1966-
(author)
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Arbetsskada : samspelet mellan skadestånd och andra ersättningsordningar
- 2008
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Doctoral thesis (other academic/artistic)abstract
- This thesis addresses the issue of compensation for work-related injuries – the so called occupa-tional damages. Tort law, private insurance law, insurances due to collective bargaining, public insurances covering occupational damages as well as different areas of the social security system are all connected in a vast and complex structure. An important feature of the thesis is to analyse the so called “interdependence” between the different compensation systems. In Part I, the total system – the so called Swedish, or Nordic, model – and its historical development are presented.In Part II of the thesis, it is established what kind of damage situations, which can at all give rise to claims for compensation. Important issues are thereby the requirements of the concept of damage regarding this area of the law (the “work-related injury”). Also the subject matter of causation – “causation-in-fact” and “causation-in-law” – are brought into the analysis. Another factor of crucial importance is the procedural law and its requirements about burden of proof and what is to be counted as proven.If Part II of the thesis has shown the way “into the system”, Part III describes what a person can “get out of the system”. The different forms of compensation are conveyed, with emphasis on income loss.Part IV contains concluding remarks concerning legal aspects on collective agreement regulation of action for damages – the safety insurance – whereby the debate individualism versus collectivism is involved. Moreover, the issue tort law versus insurance law and social welfare law is discussed. The author’s general aim in the thesis is to give stimulus to both critical and constructive discussions concerning the present situation and the development in this field of law.
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