Work accident: Application for pension or severance pay rejected – what to do?

After each Work accident or Commuting accident, which is Employees or insured self-employed persons in the course of his professional activity or on the way to and from work, insured persons can Claims against statutory accident insurance (professional association) on payment of a pension or severance pay The same applies to a occupational disease.

But it is not uncommon that legitimate claims against the Professional Association (BG) or Accident insurance on pension or on severance pay be rejected.

In this guide we would like to Your legal options show if your Application for pension or severance pay was rejected by the professional association or you do not know whether and how you can obtain such make an application We will give you information about, among other things,

• What is an accident at work or a commuting accident?
• What is an occupational disease?
• Which professional association is responsible?
• What's your advantage if you suffer an accident at work? – A blessing in disguise
• Which doctor should you see after a work-related accident?
• When does the employer’s liability insurance association pay out benefits?
• Work accident and long-term effects – What if the pain only occurs later?
• Reduced earning capacity – When are you entitled to a pension or severance pay?

Last but not least, it's also about how the lawsuit against the employer's liability insurance association following a work-related accident will be financed. Here, too, we have a solution for you in the form of a strong litigation funder who will provide you with financial support.

What is an accident at work and what is a commuting accident?

Work accidents are the Accidents, which insured persons incur as a result of an insured activity, i.e. usually in the Work, suffer. Also Commuting accidents are covered by the insurance. This not only covers the direct route to or from the place of the insured activity (workplace), but also certain detours may be covered by the accident insurance. Parents, for example, are also insured if they a detour on the way to work to the daycare center.

Whether your Accident as Work accident or your Illness as occupational disease The statutory accident insurance institution responsible for you will decide whether this can be recognized.

What is an occupational disease?

Occupational diseases are illnesses that an insured person acquires through work and which are either in the Occupational Diseases Ordinance recorded or which, according to medical findings, caused by the job are.

There are various reasons for a occupational illness. For example, the Working with hazardous substances count, but also the constant work under Noise, as well as in bending over or Kneel can cause occupational diseases.

Which professional association is responsible?

Which professional association you are insured with depends on your professional activity. The various professional associations are the Statutory accident insurance providersFor example, the BG BAU (Occupational Accident Insurance Association of the Construction Industry) Employees in the construction industry and construction-related services are covered. However, there are also other professional associations. statutory accident insurance is a compulsory insurance. Contributions are paid by your employer.

Your advantage in the event of an accident at work – luck after misfortune

The good news is: If your accident is Work accident recognized or your illness as occupational disease, you as a victim many advantages: The statutory accident insurance then provides its benefits regardless of the question of who is to blame for the accident at work, the accident on the way to work or the occupational disease.

Regardless of whether medical care, rehabilitation or reintegration in work or social life, all Cost are fully borne by the relevant professional association. long-term damage back and your Ability to work is permanently reduced by at least 20 percent, which must be determined by a medical report, you can also claim a pension or a severance pay to compensate for permanent impairments.

Which doctor should you see after a work-related accident?

It is important that after an accident at work or due to an occupational disease, you first BG doctor (transit doctor) who will prepare a report (Transit report) for accident insurance. Continuing medical practitioners are BG-certified specialists and decide on further treatment after a work-related accident. This is particularly important so that possible consequential damage are insured and to claim benefits such as pension or severance pay from statutory accident insurance.

The Notification to the professional association or the Accident insurance fundThe employer is responsible for determining that an accident at work or an occupational disease has occurred.

As you can probably imagine, the preparation of the medical report by a specialized specialist of crucial importance. If you have any questions, we would be happy to advise you.

When does the employer’s liability insurance association pay out benefits?

When and whether the employer's liability insurance association provides benefits following an accident at work or on the way to work, or in the case of an occupational disease, depends on various factors. After six weeks of continued salary payment by the employer, the employer's liability insurance association pays Injury benefit. At Consequential damageswhich occur as a result of an accident at work and result in a reduction in earning capacity of at least 20 percent will result in a pension or severance pay paid.

The pension or severance payment is usually preceded by a extensive promotion of the healing process by the statutory accident insurance. Costs for medical treatment, rehabilitation and the provision of aids are part of the services offered by the employers' liability insurance association. The main objective of this measure is complete healing and the Reintegration of the injured party into working life.

Work accident and long-term effects – What if the pain only occurs later?

If you suffer an accident at work, it is crucial that this immediately is reported to the relevant professional association, no matter how minor the complaints are. unforeseeable long-term consequences which only arise after a few days, weeks, months or even years, insurance cover is only available if a proper notification to the professional association immediately after the accident.

Otherwise, it will be difficult to prove that the pain was caused by a past accident, and the case will not be insured. Therefore, you should make sure that Your employer every work accident immediately to the employers’ liability insurance association reportsin order to protect yourself against unforeseeable long-term consequences and to safeguard claims to benefits from statutory accident insurance.

Reduced employment – When is one entitled to a pension or severance payment?

Your reduction in earning capacity must be determined by an expert, independent, medical BG expert and in the case of at least 20 percent in order to be entitled to a pension or severance payment. These 20 percent do not only refer to your current professional field, but also to the general labor market.

The reduction in earning capacity describes your percentage loss of earning opportunities (professions) that you have due to your injuries and the resulting permanent consequential damage can no longer perform. Before your injury pension is paid out, however, you must first undergo a successful healing process through rehabilitation.

How we can support you after an accident at work

If you wish to assert claims for pension and severance pay against your employer's liability insurance association following a work-related accident, you can count on us. The lawyers at Matthies Rechtsanwälte have extensive experience and expertise in enforcing your rights against employer's liability insurance associations.

Broad network of specialized doctors for work-related accidents

Not only do they rely on tried and tested strategies that have proven successful in disputes with the employers’ liability insurance association, they also have access to a specialized medical network, so that the course can be set early on to be successful against the employers' liability insurance association.

Litigation funder covers costs after work accident

The question of costs also often arises. Matthies Rechtsanwälte works with a Litigation funders who, after prior examination, will estimate the costs of the Legal dispute against the professional association Please contact us so we can check whether your case is eligible for litigation funding. If your application is successful, you will receive a individual litigation financing offer.

In this way, you can significantly increase your chances of having your work-related accident or occupational disease recognized.