Rules concerning industrial injury
What classifies as an industrial injury? Who is responsible for reporting your industrial injury? And who is responsible for processing the case on your industrial injury? Get to grips with the process and your options.
It is important that your industrial injury is reported. The process and your options depend on the type of industrial injury involved. This is generally distinguished by whether the injury occurs suddenly or over a longer period of time:
- Occupational injuries: An occupational injury is a personal injury resulting from an incident or exposure that occurred suddenly or within five days, e.g. robbery, violence and threats.
- Occupational diseases: Occupational diseases are illnesses or disorders that develop after prolonged periods of exposure. Labour Market Insurance has prepared a list of recognised occupational diseases. The National Board of Industrial Injuries recognises other diseases in exceptional cases. You can talk with your doctor about being referred to an occupational medicine clinic to obtain fuller information regarding the connection between your disease and your work.
How, when and who is responsible for reporting the industrial injury?
Your industrial injury must be reported, irrespective of whether it is an occupational injury or occupational disease. The deadline for when the industrial injury must be reported depends on whether it is an occupational injury or occupational disease:
- Occupational injuries: Must be reported immediately or within nine days of the injury.
- Occupational diseases: Must be reported if the disease was caused by work.
- It is important that the injury is reported within a year. Otherwise, you may miss out on possible compensation. The case may be dismissed if the injury is reported after a period of more than one year.
Your industrial injury must be reported via the electronic reporting system, which is the reporting system for Labour Market Insurance and the Danish Working Environment Authority. Industrial injuries may be reported by:
- Your employers: Your employer is obliged to report the injury to his or her insurance company if you have had an accident at your place of work. Remember to get a copy of the report and follow up on whether your employer has received a letter of acknowledgement.
- Your doctor or dentist: Your doctor or dentist is obliged to report the injury to Labour Market Insurance and the Danish Working Environment Authority if he/she believes that you have contracted a disease because of your work.
- You: Your employer or doctor will report the injury in the majority of cases. In normal circumstances, you do not have to do anything yourself to report your injury. You or others may report your injury directly to Labour Market Insurance in exceptional cases.
Read more on the website of Labour Market Insurance
Has your industrial injury been correctly reported?
You should contact your insurance company or Labour Market Insurance if you have not received a letter of acknowledgement within approximately one-month from when your industrial injury was reported. Your claim may be rejected and you may miss out on compensation if the insurance company or Labour Market Insurance has not received the report within one year.
The industrial injury has not been correctly reported if it has only been registered in your personal file.
Will my employer know that I have reported the industrial injury?
It is inevitable that your employer will get to know about your case.
Your employer is not a party to the case, but has the option of appealing if the case has been acknowledged or rejected. Your employer will become a party to the appeal proceedings if he or she complains.
Your employer is entitled to see information relating to the workplace, but does not have access to personal data about you.
Who is responsible for processing the case on my industrial injury?
Labour Market Insurance is responsible for processing your case.
In the event that your industrial injury results in after-effects, you can contact your employer's insurance company and ask them to forward your case to Labour Market Insurance for processing. The insurance company may also ask Labour Market Insurance to process your case if you are entitled to compensation in addition to the payment of your medical treatment expenses.
You can also follow your case on the website of Labour Market Insurance.
How much can I receive in compensation and is the decision final?
The following indemnities may be granted if your claim is acknowledged:
- Payment of expenses for medical treatment, rehabilitation, aids, etc.: When Labour Market Insurance/the insurance company considers that treatment is necessary, you will be paid expenses during the appeal proceedings, as well as any expenses incurred in the future. It is a good idea to ask the insurance company if they will pay your expenses before you start treatment or purchase an aid.
- Compensation for lasting harm: You can receive compensation for the daily discomfort and inconveniences caused by the injury. The amount depends on your occupational opportunities and earnings. Labour Market Insurance determines your degree of lasting harm on the basis of an indicative table for lasting harm. You will not receive compensation if your degree of lasting harm is less than 5%.
- Compensation for loss of earning capacity: The compensation is assessed on the basis of your occupational opportunities before and after the injury and granted only if your injury has resulted in a loss of earning capacity of at least 15%. This means that you cannot receive compensation if you have resumed your former job or another job with the same salary after the injury.
You can have your case reopened within five years of the first decision if your work or health situation changes significantly.
You can use the following checklist when reporting an occupational injury:
- You should also remember to report the case to your own private insurance policies, any accident insurance that your company may have and the Danish Act on Compensation from the State to Victims of Crimes. The police are obliged to provide guidance on the right to compensation according to the Criminal Injuries Compensation Act. The application form is available from the police and must be submitted it to the police in the police district where the crime was committed within two years.
- Ensure that a doctor, accident and emergency department, physiotherapist, psychologist or other treatment provider, note the injury.
- Please note that accident and emergency departments do not report industrial injuries.
- If you start treatment with, e.g. a physiotherapist, ask the insurance company to confirm their assurance of payment.
- Create a description of the sequence of events.
- Save receipts for any treatment and medication and write down the names of your treatment providers and the type of medicine you take.
You can use the following checklist when reporting an occupational disease:
- See a doctor in connection with symptoms and notification of illness.
- Ensure that your doctor, physiotherapist and any other treatment providers note the nature and possible cause of the disease.
- Get a copy of the report so you know that your doctor will file a report if there is a suspicion that your disease is connected with your work.
- Talk with your doctor about whether you should be referred to an occupational medicine clinic.
- Get a copy of your medical records from the occupational medicine clinic.
- Inform your workplace that your doctor has reported your injury to the National Board of Industrial Injuries.
- Talk with your employer and health and safety representative as to whether your workplace and/or your duties can be organised differently to avoid you sustaining injuries.
Have you been subjected to robbery, violence or threats?
Your company must ensure that you are offered psychological treatment within 24 hours.
You are entitled to psychological counselling or other relevant treatment, e.g. physiotherapy for up to 12 months after the incident. You are entitled to paid absence and treatment expenses. The period may be extended to more than 12 months if recommended by your doctor.
You are entitled to additional compensation under the collective agreement if your degree of lasting harm is determined at 5% or more. You must contact your company to receive the additional compensation.
When and for what can I receive compensation?
Surviving relatives have the option of receiving compensation.
You cannot receive compensation for pain and suffering under the Workers' Compensation Act. Nor can you receive compensation for items or clothes that were damaged in the accident. But is important that you check your own insurance and pension schemes. You should also check if your workplace has insurance policies that cover you.
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You can also write an email to raadgivning@finansforbundet.dk