مدى أثر خطأ صاحب العمل على سمات التعويض العمالي ونطاقه في القانون الأردني

الملخص EN

This study highlights the impact of employer's fault on the rights of the injured employee for compensation as well as its amount in the Jordanian labor law and the Jordanian social welfare law.

The Jordanian legislator decided to give the injured worker a compensation that is guaranteed by the power of law without considering the faultof employer in causing it; it is a compensation that is characterized by automation، where the worker has the right to get it when he is exposed to work injury as a worker.

It is also characterized by being arbitrary as it is previously restricted by law and considering it as a partial compensation that doesn't compensate for all the harm in some cases.

The legislator didn't exclude the employer's fault، where it was considered in determining the amount of compensation and allowed the injured worker to obtain a complementary compensation if the injury resulted from the employer's fault.

However، the legislator considered the simple error of the employer in the labor law and his massive faultin the social welfare law without a justification for such a distinction.

The study concluded about the necessity of unifying the degree of employer's error in the laws of labor and social welfare as a basis on which the injured worker can obtain a complementary compensation instead of considering the massive faultin the social welfare law and the small fault in the labor law.

The study also recommended the necessity of not considering the error of the injured worker to deprave him from the main worker's compensation in order to achieve the idea of his right in physical safety، saving him from risk and promote his role in the community.