The Supreme Court clarified employer liability in the event of a work accident
The Supreme Court judgment emphasises that occupational safety is not a formal obligation, but the employer’s actual responsibility to protect the employee’s life and health in every work-related situation.
NAMM attorneys Kristiina Urb-Semjonov and Küllike Namm represented before the Supreme Court the parents of an employee who died in a work accident and sought compensation from the employer.
The dispute centred on when an employer is liable for breaching occupational health and safety requirements, and whether the employer can avoid liability solely because the employee also had a duty to follow safety requirements.
In its judgment of 27 June 2025 in case no. 2-19-14759/139, the Supreme Court emphasised that the employer must ensure compliance with occupational health and safety requirements in every work-related situation. This obligation does not disappear merely because employees must also cooperate in maintaining a safe working environment. If circumstances related to occupational safety change, the employer must reassess the risks and give employees appropriate instructions.
The Supreme Court also explained that the employer’s liability is not automatically excluded if the employee who died in the work accident had been appointed as the person responsible for compliance with safety requirements, or if the employee’s own conduct contributed to the accident. The employer may be liable both for its own acts or omissions and for the conduct of other employees if the organisation of occupational safety was insufficient.
The judgment is important in the field of work accidents and occupational safety because it reminds employers that occupational health and safety obligations cannot be treated merely as documents or formal instruction. The employer must actually assess risks, organise work safely and respond to changes that may endanger an employee’s life or health.
For employees and their close relatives, the judgment is also important from the perspective of compensation for damage. The Supreme Court confirmed that, in exceptional circumstances, the parents of an employee who died in a work accident may have the right to claim compensation for non-material damage. The judgment can be accessed here.