- How private compensation claims are managed - The rules for compensation for personal injury Insurance companies and injured persons can contact the division for private compensation claims of the National Board of Industrial Injuries (the P-Division) to get an impartial statement on the health effects and occupational consequences of a private personal injury. By way of example, private personal injuries are injuries sustained in road accidents or in a persons leisure time. Statements made by the P-Division are guiding. If the parties do not agree with the statement made by the National Board of Industrial Injuries, the case may be decided by a court of law. The statement may include an assessment of - The degree of permanent injury the direct health effects of the injury - The loss of earning capacity the permanent loss of earnings caused by the injury - Maximum medical improvement the time when there is no longer any substantial and permanent improvement of the health complaints (only applies to injuries sustained before 1st July 2002) In 2008, the fee for managing a private claim was - DKK 7,000 for a statement including loss of earning capacity - DKK 3,800 for a statement not including loss of earning capacity
Industrial Injuries Here you can read about industrial injuries. An industrial injury covers two different concepts - Accidents at work and Occupational diseases. In order for you to get compensation or other benefits, you need to have your injury recognized as an industrial injury.
Decision and compensation Once we have sufficient information, we usually make a comprehensive decision. This means that you will be told, in the same decision letter, whether the injury has been recognized and whether you are entitled to compensation. If you disagree with our decision, you may submit the decision to the National Social Appeals Board.
Are you and your injury covered by the Workers Compensation Act? The Workers Compensation Act sets out the framework for when to recognise an injury as an industrial injury. The Act sets out three overall requirements: There needs to have been an agreement that you were to perform a piece of work for an employer in Denmark The injury needs to have occurred while you were at work The injury needs to have occurred due to the work or working conditions If the injury occurred in your spare time, it will not be covered by the Act. However, there are exceptions to this rule, for instance in connection with salvaging human life or doing friends a favour (lending a hand). Workers' compensation act Workers Compensation Act Cf. Consolidated Workers Compensation Act No. 848 of September 7, 2009 Rates applicable for the period 1 st January 2011 31 st December 2011
Benefits 1. Medical care, driving own car (section 38(2)) 2.00 DKK km 2. Medical care, hourly rate (section 38(2)) 16.25 DKK hour 3. Medical care, daily rate (section 38(2)) 390.00 DKK day 4. Medical care, accommodation, Copenhagen area (section 38(2)) 800.00 DKK day 5. Medical care, accommodation, Aarhus (section 38(2)) 800.00 DKK day 6. Medical care, accommodation, other parts of Denmark (section 38(2)) 850.00 DKK day 7. Medical care, lost earnings, maximum (section 38(2)) 243.24 DKK hour 8. Medical care, lost earnings, optionally insured, minimum (section 38(2)) 173.82 DKK hour 9. Eyeglass frames, maximum (1) (section 15(5)) 1,077 DKK 10. Compensation for loss of earning capacity, 100 per cent, maximum (section 17(6)) 350,492 DKK per annum 11. Compensation for permanent injury, 100 per cent (section 18(3)) 766,000 DKK 12. Compensation for permanent injury, 120 per cent (section 18(4)) 919,200 DKK
13. Compensation for permanent injury, 100 per cent, injuries before 1st July 2002 (2) (section 33(3)) 557,000 DKK
14. Compensation for permanent injury, 120 per cent, injuries before 1st July 2002 (2) (section 33(4)) 668,400 DKK
15. Compensation for permanent injury, 100 per cent, injuries before 1 st January 1993 (3) (section 71(4)) 55,500 DKK per annum 16. Transitional allowance on death (section 19(1)) 144,500 DKK
17. Compensation for loss of breadwinner, spouse/cohabiting partner, maximum (section 20(2)) 126,684 DKK per annum 18. Compensation for loss of breadwinner, child, maximum (4) (section 21(1)) 42,228 DKK per annum 19. Compensation for loss of breadwinner, child, double, maximum (4) (section 21(2)) 84,456 DKK per annum
Basis for calculation 20. Annual earned income, maximum (section 24(5)) 459,000 DKK per annum 21. Annual earned income, persons not employed (section 24(2)) 35,000 DKK per annum 22. Annual earned income, under 18 years/education, minimum (section 24(6)) 172,000 DKK per annum 23. Annual earned income, under 18 years/education, normal (section 24(2)) 328,000 DKK per annum 24. Supplement to earnings, free meals, and accommodation (section 24(4)) 35,300 DKK per annum 25. Supplement to earnings, free meals per day (section 24(4)) 79 DKK day 26. Supplement to basic level of monthly payments (adjustment percentage) (section 25(2)) 25.2 per cent
Fees for medical and dentist certificates (5) 27. Reported claim, occupational disease/work-related disorder (6) (section 35(3) 201 DKK 28. Supplementary sheet when reporting hearing injuries (6) (section 35(3))) 528 DKK 29. First medical certificate, ASK 010 (6) (section 35(3)) 533 DKK 30. Functions health certificate ASK 020 General functions health certificate (6) (section 35(3)) 1,066 DKK 31. Functions health certificate ASK 210 Mental effects (6) (section 35(3)) 1,066 DKK 32. Functions health certificate ASK 220 Eye (6) (section 35(3)) 1,066 DKK 33. Functions health certificate ASK 230 Cervical neck (6) (section 35(3)) 1,066 DKK 34. Functions health certificate ASK 240 Thoracic/lumbar spine (6) (section 35(3)) 1,066 DKK 35. Functions health certificate ASK 280 Hernia (6) (section 35(3)) 1,066 DKK 36. Functions health certificate ASK 290 Hearing (6) (section 35(3)) 1,066 DKK 37. Supplement to ASK 290 for new tone audiometry (6) (section 35(3)) 266 DKK 38. Supplement to ASK 290 for new tone speech audiometry (6) (section 35(3)) 266 DKK 39. Supplement to ASK 290 for new stapedius reflex measurement (6) (section 35(3)) 133 DKK 40. Functions health certificate ASK 310 Shoulder joint/upper arm (6) (section 35(3)) 1,066 DKK 41. Functions health certificate ASK 320 Elbow joint (6) (section 35(3)) 1,066 DKK 42. Functions health certificate ASK 330 Forearm (6) (section 35(3)) 1,066 DKK 43. Functions health certificate ASK 340 Wrist (6) (section 35(3)) 1,066 DKK 44. Functions health certificate ASK 350 Fingers (6) (section 35(3)) 1,066 DKK 45. Functions health certificate ASK 410 Hip joint/thigh bone (6) (section 35(3)) 1,066 DKK 46. Functions health certificate ASK 420 Knee joint (6) (section 35(3)) 1,066 DKK 47. Functions health certificate ASK 430 Lower leg (6) (section 35(3)) 1,066 DKK 48. Functions health certificate ASK 440 Ankle joint (6) (section 35(3)) 1,066 DKK 49. Dentist certificate with proposed treatment (7) (section 35(3)) 461 DKK
Prices of claims 50. Damaged glasses, aids, etc., new claim (section 59(1)) 2,317 DKK 51. Accident and short-term injurious effect, new claim (section 59(1)) 4,299 DKK 52. Sudden lifting injury, new claim (section 59(1)) 3,664 DKK 53. Occupational disease, new claim (section 59(1)) 5,051 DKK 54. Revision/resumption of injury to glasses, aids (section 59(1)) 1,444 DKK 55. Revision/resumption of accidents and injurious effects (section 59(1)) 2,578 DKK 56. Revision/resumption of sudden lifting injury (section 59(1)) 2,700 DKK 57. Revision/resumption of occupational disease (section 59(1)) 2,922 DKK 58. Claim submitted to the Occupational Diseases Committee, supplement (section 59(1)) 2,523 DKK 59. Handled/forwarded (not processed) claim (section 59(1)) 93 DKK 60. Advisory statement inclusive of loss of earning capacity (section 81(2)) 8,500 DKK 61. Advisory statement exclusive of loss of earning capacity (section 81(2)) 4,900 DKK 62. Advisory statement time for estimate of future earning capacity, supplement (section 81(2)) 8,500 DKK 63. Claim registered by the National Social Appeals Board (Ankestyrelsen) (section 59(1)) 8,823 DKK (1) Inclusive of VAT. (2) Cf. Consolidated Act No. 946 of October 16, 2000. (3) Cf. Consolidated Act No. 450 of June 25, 1987. (4) Compensation payments for loss of breadwinner to children are reduced if the total compensation amounts will be in excess of 50 per cent of the annual earned income of the deceased (40 per cent if, at the same time, compensation for loss of breadwinner is granted to the spouse/cohabiting partner). (5) Exclusive of VAT. (6) Is applicable for the period 1 st April 2011 31 st March2012. (7) Is applicable for the period 1 st April 2011 30 th September 2011.