Compensation for an accident at work
Compensation for pain and suffering after an accident at work
An accident at work can often lead to long-term illness or disability.
The consequences of accidents at work are covered by the responsible professional association.
An accident at work is compensated, among other things, by continued payment of wages in the event of incapacity for work, payment of medical and rehabilitation costs and payment of injury benefits in the event of incapacity for work for more than six weeks.
Many employees ask about so-called compensation after an accident at work. Employees are legally only entitled to compensation for pain and suffering after an accident at work (compensation for pain and suffering) in the event of an intentional accident on the way or at work.
In practice, compensation for pain and suffering after an accident at work is extremely rare. According to Section 104 SGB VII, the employer must have caused the accident intentionally . Claims for pain and suffering occur more frequently in the case of so-called commuting accidents: For example, if a road user causes an accident on the way to or from work and injures a person.
Compensation for pain and suffering after a commuting accident
When an employee has an accident on the way to or from work, it is called an accident. Commuter accident. This should be reported to the employer immediately. The employer then reports the accident to the responsible employer’s liability insurance company. (professional association)
A claim for compensation for pain and suffering arises if:
- significant, long-term physical and mental consequences are undoubtedly the result of the accident,
- the perpetrator caused the accident intentionally or negligently and
- the statute of limitations has not yet expired - three years after the accident when you drive away and you are aware of the damage and the injured party.
If these requirements are met, there is a claim to compensation for various types of commuting accidents, which must be borne by the person who caused the accident or by their liability insurance.
Compensation for pain and suffering after an accident at work
According to §104 SGB VII, a claim for compensation for pain and suffering after an accident at work only arises if the employer, superior or colleague can be proven to have acted with intent - so there must be a clear perpetrator . If an accident at work is intentionally or intentionally caused by the employer, the employer or its accident insurance company, for example, is liable and must pay for personal injuries.
Since case law assumes that no company wants to have an accident at work and that everything is usually done to prevent accidents, it is very difficult to prove intent. If the claim still exists, the intentional party is liable.
Violations of company accident prevention regulations or minor safety deficiencies are not sufficient to prove intent. However, if the supervisor does not fulfill his duty of supervision and makes a mistake that leads to health impairment, consideration is assumed. This results in a claim for compensation for pain and suffering after an accident at work. In this context, consulting a lawyer can be helpful in order to prove the intention legally and beyond doubt or to exclude further claims.
If you have had an accident at work and the employers' liability insurance association refuses to cover the medical and rehabilitation costs or the subsequent sick pay, we will be happy to examine your case and represent you in a dispute with the employers' liability insurance association and help you obtain a health benefit.
We invite you to contact the law firm.
Attorney Dr. Mirek Hempel - specialist lawyer for labor law
Attorney Matti Kleibömer
Lumumbastraße 9
04105 Leipzig
+49 341 24250210
info@hkpartner.de
