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New publication on the employer’s liability privilege

Managing Partner Julia Andras heads up LGP’s litigation practice. Her new publication discusses the application of the controversial employer’s liability privilege regarding “non-staff individuals”.

New publication on the employer’s liability privilege
Author Julia Andras, Managing Partner at LGP

If a worker is injured as a result of an accident at work or a work-related illness, the employer or “work supervisor” is only liable if it can be proved that they deliberately provoked the incident in question. This provision, from the General Social Security Act (Allgemeines Sozialversicherungsgesetz), Section 333 Para 1, is regularly the subject of controversy. Attorney-at-law Julia Andras sheds light on this matter in her book entitled “Die Anwendung des Dienstgeberhaftungsprivilegs – am Beispiel eines österreichischen Eisenbahnunternehmens” (The Application of the Employer’s Liability Privilege – A Case Study of an Austrian Rail Company), published by LexisNexis Verlag. Her work examines the hitherto largely unexplored issue of the expansion of the employer’s liability privilege to companies that do not have an employment relationship with the injured worker. To this end, she performed a targeted, critical analysis of an Austrian rail company. Their unique corporate structure made it possible to apply the liability privilege to non-staff individuals. Julia Andras uses modern examples from case law to demonstrate that workers can benefit from the socially and politically controversial “employer’s liability privilege” in certain cases – even if the relinquishment of judicial claims for compensation and lost earnings seems to be disadvantageous. Her book is directed at Austrian companies in their role as employers, and showcases current legal proceedings while illuminating the importance of the employer’s liability privilege in practice.


The author

Managing Partner Julia Andras heads the litigation practice at the international (Vienna-based) law firm LANSKY, GANZGER + partner. The attorney has been with LGP since the early 2000 years including a two years’ experience of living in Tel Aviv when she headed the Israeli branch of the Austrian Israeli Chamber of Commerce (AICC). After returning to Vienna she continued to work as a litigation lawyer in the fields of damages, labour law, general civil law, estate and inheritance law and infrastructure law. Nevertheless, Julia Andras stayed with the Chamber of Commerce as the current General Secretary and she is heading the Israeli and the Hungarian desks of the firm. The lawyer has been a member of the International Association of Jewish Lawyers and Jurists (IAJLJ) since 2006.

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