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Professional accident (402, 403, 404, 405,-666)

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Keywords: Professional accident
Total judgments found: 25

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  • Judgment 4248


    129th Session, 2020
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant filed an application for execution of Judgment 3446.

    Judgment keywords

    Keywords:

    application for execution; complaint allowed; invalidity; medical examination; professional accident;



  • Judgment 4239


    129th Session, 2020
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to terminate her appointment for health reasons and claims that the compensation she received for her service-incurred injury is grossly inadequate.

    Judgment keywords

    Keywords:

    complaint allowed; decision quashed; duty of care; professional accident; service-incurred;



  • Judgment 4222


    129th Session, 2020
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the refusal of UNESCO to award full compensation for the injury suffered as a result of an accident recognized as being service-incurred.

    Judgment keywords

    Keywords:

    complaint allowed; decision quashed; professional accident; service-incurred;

    Considerations 15-17

    Extract:

    According to article 4 of the Staff Compensation Plan:
    “The compensation payable under these Rules shall be the sole compensation to which any person shall be entitled as against the Organization in respect of any claim falling within the provisions thereof”.
    Contrary to the defendant organization’s submissions, these provisions do not preclude a staff member from claiming compensation for the consequences of negligence on the part of the Organization. Such a claim cannot be regarded as being based on the provisions of this plan (see, for similar cases, Judgments 3689, consideration 5, and 3946, consideration 17).
    [...]
    According to the Tribunal’s case law, an organization may incur liability in negligence where it fails to take reasonable steps to prevent a foreseeable risk of injury (see Judgments 2804, consideration 25, 3215, consideration 12, and 3733, consideration 12). In the instant case, it is apparent from the file that the floor of the podium set up for the seminar was defective and should have been repaired or, at least, signposted, as evidenced by the occurrence of the accident.[...]
    According to the Tribunal’s case law, an international organization has a duty to provide a safe and adequate environment for its staff, and they in turn have the right to insist on appropriate measures to protect their health and safety (see Judgments 3025, consideration 2, 2403, consideration 16, and 3689, consideration 5).
    In the instant case, the Organization, which had ordered the construction of the podium in which the hole was found, should have ensured that this work was properly carried out. It must therefore be recognized that the Organization is at fault.
    Pursuant to the principle that full compensation is due in respect of injuries caused by negligence on the part of the Administration, the complainant is entitled to compensation for injuries not already compensated under the Staff Compensation Plan.

    Reference(s)

    ILOAT Judgment(s): 2403, 2804, 3025, 3215, 3689, 3689, 3733, 3946

    Keywords:

    allowance; compensation; construction work; misconduct; negligence; professional accident;



  • Judgment 4080


    127th Session, 2019
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant claims that the Organisation has breached its duty of care towards him following an accident at work, involving a contractor, which resulted in national judicial proceedings.

    Judgment keywords

    Keywords:

    complaint allowed; duty of care; professional accident;



  • Judgment 3215


    115th Session, 2013
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: As the complainant did not exhaust internal remedies concerning her claim of harassment and failed to prove negligence on the part of IAEA, the Tribunal dismissed her complaint.

    Consideration 12

    Extract:

    "As discussed in Judgment 2804, negligence is the failure to take reasonable steps to prevent a foreseeable risk of injury. Liability in negligence is occasioned when the failure to take such steps causes an injury that was foreseeable. A person seeking damages for negligence bears the burden of establishing the factual foundation on which the claim is based."

    Reference(s)

    ILOAT Judgment(s): 2804

    Keywords:

    burden of proof; evidence; general principle; injury; liability; material damages; negligence; organisation's duties; professional accident; service-incurred; working conditions;



  • Judgment 2843


    107th Session, 2009
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 4 and 6

    Extract:

    As a result of slipping on liquid in the Office's underground car park, the complainant suffered a fracture of the leg.
    "The complainant contends [...] that the Office breached the duty of care owed to its employees by failing to provide a safe work environment. He maintains that the Office was negligent in its cleaning and maintenance of the car park and claims that it should have been mopped instead of just swept on a weekly basis and that the security staff were not specifically trained to check for and report oil or water stains."
    "Given the nature of the premises, namely a car park, it cannot be concluded that it was reasonable for the Office to take measures in addition to those that were in place at the time of the accident. In particular, it cannot be concluded that it should have arranged for the mopping rather than the sweeping of the floors. Moreover, it has not been established that, even if additional measures had been taken, they would have eliminated the risk of injury. Accordingly, negligence has not been established and the complaint must be dismissed."

    Reference(s)

    ILOAT Judgment(s): 435, 2533, 2804

    Keywords:

    general principle; invalidity; liability; material damages; organisation's duties; professional accident; service-incurred;



  • Judgment 2533


    101st Session, 2006
    Organisation for the Prohibition of Chemical Weapons
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 26

    Extract:

    The complainant suffered a workplace injury at the Organization premises. The results of this seemingly minor accident were catastrophic and the complainant is now permanently and totally disabled and suffers from a rare illness, which has extended up both of the complainant's legs and requires him to use a wheelchair.

    "[G]iven the possibly progressive nature of [the illness], the condition may continue to deteriorate seriously. [...] the Tribunal asserts unequivocally that the defendant's obligation to pay the complainant reasonable compensation for the results of his workplace injury is a continuing one and is not affected or diminished by the terms of an insurance policy to which the complainant is not a party."

    Keywords:

    complaint allowed; complaint allowed in part; consequence; disability benefit; handicapped person; illness; insurance; insurance benefit; invalidity; maximum limit; organisation's duties; professional accident; provision; service-incurred;

    Consideration 6

    Extract:

    The complainant suffered a workplace injury at the Organization premises. The results of this seemingly minor accident were catastrophic and the complainant is now permanently and totally disabled and suffers from a rare illness, which has extended up both of the complainant's legs and requires him to use a wheelchair.

    "It is common for a mature legal system to provide compensation on a 'no fault' basis to employees who suffer workplace injuries; the law of the international civil service can do no less."

    Keywords:

    applicable law; complaint allowed; complaint allowed in part; general principle; handicapped person; international civil service principles; invalidity; material damages; official; organisation's duties; professional accident; service-incurred;

    Consideration 22

    Extract:

    The complainant suffered a workplace injury at the Organization premises. The results of this seemingly minor accident were catastrophic and the complainant is now permanently and totally disabled and suffers from a rare illness, which has extended up both of the complainant's legs and requires him to use a wheelchair.

    "The absence of an indexation clause [of the "disability pension"], however, does not remove the defendant's obligation to provide the complainant with adequate compensation. The concern that the utility of the award may be reduced through spoliation is very real and could, in times of high inflation, conceivably, have the effect of negating the very purpose of the disability pension which is to make the complainant whole despite his service-related injury. That is only a possibility, however, and the Tribunal is reluctant to order indexation as a matter of routine when the feared spoliation may never occur to an extent significant enough to seriously affect the complainant's position. Exceptionally, the Tribunal will frame its order in such a way that the complainant may apply at a future date for an adjustment to any ongoing pension payments when and if the purchasing power of such payments has been reduced by at least 10 per cent. Such applications should be by way of request for the execution of the present judgment."

    Keywords:

    adjustment; application for execution; complaint allowed; complaint allowed in part; cost-of-living increase; disability benefit; handicapped person; invalidity; organisation's duties; professional accident; reckoning; service-incurred;

    Consideration 18

    Extract:

    The complainant suffered a workplace injury at the Organization premises. The results of this seemingly minor accident were catastrophic and the complainant is now permanently and totally disabled and suffers from a rare illness, which has extended up both of the complainant's legs and requires him to use a wheelchair.

    "[T]he expenses of necessary adaptations to house and car are on no different footing than other necessary expenses incurred as a consequence of the complainant's service-related injury and must be reimbursed."

    Keywords:

    complaint allowed; complaint allowed in part; handicapped person; insurance benefit; invalidity; organisation's duties; professional accident; refund; service-incurred;



  • Judgment 2190


    94th Session, 2003
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "It is incomprehensible that no internal administrative investigation was conducted following an accident which involved a [...] vehicle [of the organization] driven by an employee of the organization in the context of an official mission, and which caused the death of two passengers, one of whom was a [...] staff member [of the organization], as well as the serious injuries suffered by the complainant. The fact that the Namibian authorities opened their own enquiry could not in any way exempt the organization from ascertaining whether the condition of the vehicle, the preparation of the mission and, more generally, the circumstances of the accident revealed any administrative failure, the consequences of which it would have a duty to bear. [...] There is no evidence to suggest that any internal enquiry whatsoever was conducted in connection with this accident. This failure caused the complainant an injury which the Tribunal considers to be equitably compensated by an award of 5,000 United States dollars."

    Keywords:

    complaint allowed; complaint allowed in part; injury; inquiry; material damages; member state; misconduct; moral injury; omission; organisation's duties; professional accident; service-incurred;



  • Judgment 2091


    92nd Session, 2002
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 10 and 12

    Extract:

    The complainant had an accident while on duty. He signed a settlement agreement with the organisation and the CERN Pension Fund in order to solve the issue of the payment of an incapacity pension by the pension fund. "The ESO submits the complaint is not receivable as it does not allege non-observance of the terms of the complainant's appointment or of the [organisation]'s rules and regulations [...]. The Tribunal considers that since the settlement between the complainant, the [organisation] and the CERN Pension Fund arises out of the complainant's rights under his contract of employment as well as the Staff Rules and Regulations, it has jurisdiction to consider the effect of the trilateral agreement."

    Keywords:

    breach; cern pension fund; competence of tribunal; complainant; complaint; complaint allowed in part; consequence; contract; definition; effect; iloat; incapacity; judicial review; organisation; payment; pension; professional accident; provision; receivability of the complaint; right; service-incurred; staff regulations and rules;



  • Judgment 2083


    92nd Session, 2002
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 8 and 9

    Extract:

    The complainant suffered from retinal detachments and a detachment of the vitreous. The organization recognised her eye condition as service incurred. In "September 1998 [...] the [organization] decide[d] to stop reimbursing the bills [she submitted] on [the] grounds [...] that curing her retinal detachments was no longer the object of the treatment. However, it did not show that the service-incurred injuries were not a "direct and principal" cause of the treatment [... ] The Tribunal takes the view that although, as the organization says, the decision to stop reimbursing the bills was at the discretion of the Director-General, it could not be taken without an independent expert medical opinion obtained through a process which provides all the safeguards of transparency and impartiality." The case is therefore sent back to the organization.

    Keywords:

    case sent back to organisation; complaint allowed; consequence; decision; discretion; due process; executive head; expert inquiry; grounds; illness; independence; insurance benefit; lack of evidence; medical opinion; organisation; organisation's duties; procedure before the tribunal; professional accident; refund; refusal; safeguard; service-incurred;



  • Judgment 1606


    82nd Session, 1997
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    "The complainant's case is that his earning capacity has been impaired, not directly, but merely indirectly in that travel is essential for any employment for which he is suited and his condition [following a service incurred accident] has made it difficult, if not impossible, for him to travel. The burden therefore lay on him in the internal proceedings to show that any suitable employment would entail an appreciable amount of travel."

    Keywords:

    burden of proof; evidence; incapacity; injury; professional accident; service-incurred;



  • Judgment 1389


    78th Session, 1995
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 27

    Extract:

    "The international organisation is under no duty to insure its expert against any adverse effects on him that the national postal department may draw from conclusions about the nature of an accident that has befallen him while on mission for the organisation. So any claim that the expert may make that goes beyond those limits should be made to the national department, which will deal with it according to its own rules. Nor indeed may the Union or the Tribunal intervene in the area of the department's competence."

    Keywords:

    applicable law; competence of tribunal; domestic law; insurance; organisation's duties; professional accident; project personnel;



  • Judgment 875


    63rd Session, 1987
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    "The information available does not enable the Tribunal to assess whether the accident of 3 April 1982 resulted in all the permanent injuries now suffered by the complainant or only in the permanent injury to his left foot. In these circumstances an examination should be carried out by a medical expert whose terms of reference are set out below."

    Keywords:

    expert inquiry; further submissions; incapacity; interlocutory order; invalidity; medical examination; professional accident; rate; service-incurred;



  • Judgment 770


    59th Session, 1986
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The complainant was injured in an aircraft accident while on an official mission. He sought compensation from the airline whose plane had caused the accident. The airline agreed to conclude a reasonable settlement. The complainant never disclosed the amount of the payment made to him. Under the circumstances, the Tribunal holds that it was proper for the organization to deny the complainant further benefits. Indeed, paragraph 32 of aAnnex E to the WHO Manual releases the compensation scheme from the obligation to make payments to a staff member who has obtained satisfaction through a third party.

    Reference(s)

    Organization rules reference: PARAGRAPH 32 OF ANNEX E TO THE WHO MANUAL

    Keywords:

    accumulation; illness; insurance; insurance benefit; organisation; professional accident; refusal; service-incurred;



  • Judgment 664


    56th Session, 1985
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    The complainant, who was the victim of an accident, took up duty after the date originally agreed upon. The date on which she took up duty was set as her date of appointment. The delay in her recruitment did not lead to novation of the whole contract. Only one of the terms of the contract was altered. The others remained in force and were applied in full. The suspension of the contract did not lead to its annulation. If it had, the organisation might have refused to appoint the complainant when she became fit to start work. "Yet that would have been neither fair nor reasonable."

    Keywords:

    amendment to the rules; appointment; contract; date; elements; professional accident;

    Consideration 3

    Extract:

    "The plea will not succeed if he who alleges force majeure was himself responsible for the occurrence. thus it must fail where he was himself negligent or, though not negligent, put himself in such a position as to incur risk of the occurrence. Moreover, the plea will fail even if there is no direct and necessary link between the victim's behaviour and the occurrence." Thus, while indulging in a sport like skiing does not constitute negligence, there is no force majeure in the event of an accident during the practice of such a sport.

    Keywords:

    cause; complainant; force majeure; liability; professional accident;

    Consideration 2

    Extract:

    The Service Regulations provide for the date on which an appointment takes effect not to be prior to the date on which the official takes up his duties except in case of force majeure. This is "a corollary of the general rule that a unilateral act may not be retroactive." The organisation held "the belief that one term of the contract which governed relations between the two sides had proved unenforceable because of an incident beyond its control." The complainant, who had been injured in an accident, was not fit to report for duty on the date she was due to start; there was not force majeure.

    Keywords:

    appointment; contract; date; exception; force majeure; professional accident;



  • Judgment 548


    50th Session, 1983
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    The time limit for submitting an internal appeal had long since expired when the complainant appealed to the Appeals Board. "The acceptance of his resignation had by then become final and was no longer open to challenge. His involvement in a serious accident [...] did not have the effect of suspending the time limit. The Director therefore correctly applied the rules in dismissing the appeal which the complainant addressed to him against the decision [to reject the internal appeal as being time-barred and therefore irreceivable]."

    Keywords:

    exception; internal appeal; new time limit; professional accident; receivability of the complaint; time bar; time limit;



  • Judgment 435


    45th Session, 1980
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    The organization "would have incurred liability beyond the requirements of the Staff Rules and Regulations only if it had exposed the complainant to a degree of danger incompatible with the normal performance of his duties and beyond the requirements of his contract of appointment." This was not the case. There is no need to consider whether the organization had been negligent by failing to take precautions against the accident in question.

    Keywords:

    assignment; liability; organisation; professional accident; service-incurred; special hazard;

    Consideration 3

    Extract:

    "The dispute is between the complainant and the organization which employs him. [It must therefore be judged according to] the relevant terms of the contract and provisions of the Staff Regulations and Staff Rules. The provisions of municipal law are therefore irrelevant, and it is immaterial that the complainant is Swiss and that the accident [...] occurred on Swiss territory."

    Keywords:

    applicable law; contract; professional accident; provision; staff regulations and rules;



  • Judgment 402


    43rd Session, 1980
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 12

    Extract:

    As to loss of earning capacity on account of long-term invalidity, "there is no general principle by which compensation is restricted to the period of the employee's contract with the employer who is liable. It is quite usual for persons of pensionable age to seek further employment and there is no reason why a loss of earning capacity should not apply to that."

    Keywords:

    compensation; complaint allowed; decision quashed; duration of appointment; incapacity; invalidity; material damages; period; professional accident; retirement; service-incurred;

    Consideration 6

    Extract:

    "The compensation appropriate to a breach of contract is indemnification for loss actually incurred as a result of that particular breach; it cannot, unless the contract expressly so provides, be settled according to a general tariff."

    Keywords:

    amount; compensation; liability; material damages; organisation; professional accident; service-incurred;



  • Judgment 362


    41st Session, 1978
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "Under Article II of its Statute the Tribunal is open to any official [...] who is in dispute with the organisation concerning the compensation provided for in cases of invalidity, injury or disease incurred by him in the course of his employment."

    Reference(s)

    ILOAT reference: ARTICLE II OF THE STATUTE

    Keywords:

    competence of tribunal; illness; iloat statute; invalidity; professional accident; service-incurred;

    Considerations

    Extract:

    "The word 'injury' [...] must be given the restricted meaning of physical injury. Not only is this consistent with its context, but if it were not so restricted it would be far wider than 'accident' in the French text."

    Keywords:

    iloat statute; interpretation; professional accident;



  • Judgment 349


    40th Session, 1978
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 31

    Extract:

    "Under [the applicable provision] the complainant should have made his claim within six months from the date the injury originated or at latest within six months of the date when its serious consequences became manifest, and this he has failed to do. It is not enough to report the occurrence, as the complainant claims he did to a direct superior or to the organisation's male nurse or medical doctor; there must be a claim for compensation."

    Keywords:

    invalidity; professional accident; receivability of the complaint; service-incurred; time bar; time limit;

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Last updated: 02.07.2020 ^ top