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When is something an occupational injury? How are you responsible as an employer if an employee suffers an occupational injury? You can read more about that in this article.
Der er tale om en arbejdsskade, hvis ulykken sker på grund af ens arbejde eller på grund af de forhold, arbejdet er udført under.
It is an occupational injury if the accident occurs because of one's work or because of the conditions under which the work was carried out.
Typically, the general term 'work injury' is divided into two forms:
In order for it to be described as injuries at workplace it requires that:
Examples of an occupational accident:
Examples of occupational diseases:
However, it is not necessarily an occupational injury, even if the accident/injury takes place at work. For example, a person gets up from a chair and gets a prolapsed disc. This is not an occupational injury as it is an accidental injury and because there is most likely no cause.
However, it is important to emphasise that each case is personal and individual. It is the Danish: 'Arbejdsmarkedets Erhvervssikring' (also called: 'AES') that determines and assesses whether the damage in question is covered by the law.
AES has a list of occupational diseases on their website; which is a list of the occupational diseases that are recognised as occupational injuries. The list is continuously updated so that it covers the latest research.
There is a difference between what the employer and the employee must do.
What do you do as an employer?
As an employer, you must report the occupational accident as soon as possible, within 9 days. You must report the accident to your insurance company. Your insurance company will assess whether the accident is a work related injury and whether the injury may have long term consequences for the injured party, i.e. permanent damage, or whether it entitles the claimant to cover the costs of treatment. Employees are not entitled to compensation if the damage will not cause lasting harm.
What should the employee do?
If the employee has been exposed to an occupational injury and does not agree with the decision made by the employer's insurance company, the case is transferred to Arbejdsmarkedets Erhvervssikring, if the employee requests it. The employee will then receive a decision stating whether the injury is recognised or rejected as an occupational injury.
If the employer's insurance company considers that the employee is entitled to compensation, in addition to the costs of treatment, the case will also be dealt with by AES.
If the employer has not reported the occupational accident, the employee, from the time the injury occurred, has a period of one year to report the occupational injury. The injury is only reported when the employee has received a receipt for the notification of the occupational injury, from this the employee also knows whether the employer has reported the injury. It is important that the employee also remembers to tell the employer about the accident and its consequences.
When AES receives a notification about an occupational accident, there are some things they must have before they can assess whether it is an occupational accident:
65 percent of the damages that are reported to AES are completed within approximately 6 months.
If the injury (accident at work or occupational disease) is approved as an occupational injury, it will then be decided whether:
Types of compensation or compensation the employee may be entitled to:
The employee is either paid the compensation as a lump sum or an ongoing benefit. Compensation as a lump sum is not taxable, whereas compensation as an ongoing benefit is taxable.
It is either your employer's insurance company or AES that pays the compensation.
Arbejdstilsynet is the Danish Working Environment Authority in the area of the working environment.
It is the Working Environment Act that forms the basis for what the Danish Working Environment Authority focuses on, including working conditions at workplaces. This covers, among other things, safety and health matters.
Every industry has its challenges, if it is physical work, then there will be a focus on what is lifted and moved, lifting techniques, etc.
In an office, it can be ventilation, access to sunlight, emergency exits, etc. which is in focus.
But regardless of the industry, there is also a focus on the psychological working environment, including discrimination and bullying. If there are challenges in relation to the psychological working environment, the Danish Working Environment Authority can make a return visit to see if there has been a positive development.
What happens after an inspection visit?
If your company does not comply with the Working Environment Act, your company can get the following feedback by the Danish Working Environment Authority:
You may also benefit from reading about how:
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