We successfully represented Svarmil in a dispute with a former employee who was diagnosed with an occupational disease and claimed damages, including moral damages for pain and suffering. The claimant wished to receive life-long monthly compensation for loss of income.

Unsatisfied claim

It is usually assumed that if such a disease exists, it has been caused by the wrongdoing of the employer. Although the Estonian courts rarely leave such claims unsatisfied, in this case the civil court and the court of appeals left the claim fully unsatisfied. The courts found that if the former employee did suffer from an occupational disease, Svarmil as employer had done everything in their power to prevent the disease from developing by investing in correct appliances and training their employees.

Our team representing the client

The client was represented by partner Allar Jõks and senior associate Kadri Härginen.