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, assumption of medical and rehabilitation costs and assumption of injury benefits in the event of incapacity for work for more than six weeks.
Many employees ask about compensation after a work-related accident. Employees are legally entitled to compensation for pain and suffering after a work-related accident (pain and suffering compensation) only if the accident occurred intentionally while commuting or at work.
In practice, compensation for pain and suffering following a work-related accident is extremely rare. According to Section 104 of the German Social Code (SGB VII), the employer must have caused the accident intentionally . Claims for compensation for pain and suffering arise more frequently in so-called commuting accidents: For example, when a road user causes an accident on the way to or from work and injures someone.
Compensation for pain and suffering after a commuting accident
If an employee has an accident on the way to or from work, it is referred to as a commuting accident. This should be reported to the employer immediately. The employer then reports the accident to the relevant employer's liability insurance provider (employer's liability insurance association).
A claim for compensation for pain and suffering arises if
- significant, long-term physical and psychological consequences are undoubtedly the result of the accident,
- the person causing the damage caused the accident intentionally or negligently and
- the limitation period has not yet expired - three years after the accident when driving away and knowing about the damage and the injured party.
If these requirements are met, there is a claim for compensation for pain and suffering in 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 Section 104 of the German Social Code (SGB VII), a claim for compensation for pain and suffering following a work-related accident only arises if the employer, supervisor, or colleague can be proven to have acted intentionally—that is, there must be a clear perpetrator . If a work-related accident is caused intentionally or deliberately 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 generally does everything possible to prevent accidents, it is very difficult to prove intent. If a claim is made, the intentional party is liable.
Violations of company accident prevention regulations or minor safety deficiencies are not sufficient to prove intent. However, if the caregiver fails to fulfill their supervisory duties and makes a mistake that leads to a health impairment, deliberation is presumed. This gives rise to a claim for compensation for pain and suffering following a workplace accident. In this context, consulting a lawyer can be helpful in proving intent with legal certainty and beyond doubt, or in ruling out further claims.
If you have had an accident at work and the employer's 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 the dispute with the employer's liability insurance association and help you obtain a health benefit.
We invite you to contact the law firm.
Attorney Dr. Mirek Hempel - Specialist in labor law
Attorney Matti Kleibömer
Lumumbastrasse 9
04105 Leipzig
+49 341 24250210
info@hkpartner.de
