Arbejdsgivers erstatningsansvar for psykiske arbejdsskader

Abstract

This thesis examines the criteria courts use to assess employer liability for psychological workrelated injuries under the EAL. In the present thesis, the legal dogmatic method is applied, whereby an analysis of applicable law is conducted. Through this method, a range of legal sources including legislation and case law are analyzed to identify key elements considered in court decisions. Similarly, legal literature is employed to support the systematics formed based on the analysis of legal sources. In determining liability, courts focus on the compliance with work environment regulations, the injured party's acceptance of risk, and the Medical Legal Council’s statements. Importantly, a breach of work environment regulations does not directly imply liability for psychological injuries. Instead, how employers act following such a breach is heavily weighted. Furthermore, courts evaluate whether employees accepted the risk of injury. This includes considering if employees informed their employers about undue stress and voluntarily took on extra work. Risk acceptance plays a significant role, especially in cases of high work pressure resulting in stress-related conditions, making it challenging for employees to claim compensation. Concerning causality and adequacy, the courts rely on the Medical Legal Council’s opinions about pre-existing vulnerabilities, which rarely lead to further exploration if a liability basis is not established initially. Based on a comparison of the liability for physical work injuries, the thesis also finds that there appears to be a difference in the assessment of the employer's duty of care, statutory liability standards, and the injured party's acceptance of risk compared to psychological work injuries. In conclusion, it can be stated that the employer's liability for mental work-related injuries has evolved over time, which must be seen in conjunction with society's increased focus on mental well-being over time. This tendency is likely to influence future legal practices concerning psychological workplace injuries.

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A master thesis from Aalborg University

Arbejdsgivers erstatningsansvar for psykiske arbejdsskader

[Employer's liability for psychological work-related injuries]