Trygghetsförsäkring vid arbetsskada : - en no fault-försäkring med särdrag

• Main Author: Karlsson, Pernilla
• Format: Others
• Language: Swedish
• Published: Stockholms universitet, Juridiska institutionen 2019
• Subjects: occupational damage; compensation for work-related injuries; compensation for traffic injuries; social insurance; Swedish model; Law; Juridik
• Online Access: http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-167855

A modern society is often characterized by a large measure of welfare that all citizens take part of to a greater or lesser extent. Welfare can be defined as the social rights and benefits enjoyed by the habitants of a country. In Sweden, the social safety net is well developed and offers financial compensation in several situations and the individual can safely rely on the social safety net. In addition, legislations and insurances have been developed to offer protection to the habitants in special deserving cases. For example, when a person gets injured at the work-place or in traffic there are insurances that allow compensation regardless of any negligence, so called culpa. The insurance form is called no fault insurances. In addition, there is tort law that is applicable on all non-contractual damages. Tort law, private insurance law, insurances due to collective bargaining, public insurances covering occupation as well as different areas of the social security system are all connected in a vast and complex structure. The main purpose of the essay is to analyze the interdependence between the different compensation systems and to examine the differences that the no fault insurances concerning work related injuries and injuries due to traffic shows between them but also in comparison with tort law regarding for example compensation and the possibility to appeal a “wrongfully” made decision. The first part of the essay will provide a historical background to the development of the no fault insurances, especially regarding occupational damage and accidents in traffic, and focus on the relation between the different compensation systems - the Swedish model. Further on the motives to the regulations will be examined, followed by cases illustrating the actual application and specialness of the regulations. Analyzes and conclusions will be found in the different chapters of the essay, and they will be put together in a final chapter.