KOLEKTIVNO OSIGURANJE RADNIKA OD NESRETNOG SLUČAJA
COLLECTIVE ACCIDENT INSURANCE CONTRACT OF WORKERS

Summary/Abstract: Open questions regarding the legal nature of accident insurance contract are mostly manifested within the type of collective insurance contract of workers in case of accidents, which is the central subject of the author’s research in this paper. The reason is that according to the Law on Obligations, an accident insurance contract is classified as personal insurance on fixed sums, while, on the other hand, the daily practice and needs of contracting parties met by such a contract are often limited by the characteristics of fixed sums insurance. At the same time, collective accident insurance of workers is an independent exception to all other accident insurance contracts, whereas jurisprudence has often given it indemnity character, and on the other hand it is contradictory within itself. Regard the risks and consequences it covers it is closer to life insurance contracts, however, in terms of the range and nature of benefits contracted and paid in practice, but also based on the relationship itself, the calculation of the assumed risk premium it is closer to non-life insurance with indemnity character. At the same time, the inadequacy of the existing normative solution in the Law on Obligations, which arose in a completely different social and legal environment, and which is inapplicable today from the aspect of statutory insurance regulation, still has strong implications for the private legal relationship of accident insurance contracts creating in that way legal uncertainty for both parties.

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