Workplace accident during work - who is responsible for the costs?
July 27, 2023 | 30,00 EUR | answered by Alexander Lenzner
Dear Employment Lawyer,
My name is Jenny Hofmannsdorf and I have been working as an office clerk in a medium-sized company for five years. Two weeks ago, I had a work accident during which I broke my arm. My employer immediately took me to the hospital and covered the treatment costs. However, I am now concerned about who will cover the additional costs, such as physiotherapy or potential rehabilitation.
My doctor has informed me that I will be unable to work for a longer period of time and that I need to seek potential financial support. As the sole breadwinner in my family, this situation is causing me significant financial worry. I am wondering whether my employer or possibly the occupational accident insurance will cover the additional costs, and how best to proceed to protect my rights in this situation.
I would greatly appreciate it if you could assist me and provide possible solutions to help cover the costs of my treatment and potential rehabilitation. I am currently facing a lot of uncertainty and would be grateful for any support.
Sincerely,
Jenny Hofmannsdorf
Dear Mrs. Hofmannsdorf,
Thank you for your inquiry regarding the coverage of costs for your treatment and potential rehabilitation after your work accident. First and foremost, I want to assure you that there are legal regulations in place that protect you as an employee in such situations.
In your case, the statutory accident insurance, also known as the employers' liability insurance association (Berufsgenossenschaft), applies. This is responsible for the financial protection of work accidents and occupational diseases. Since your work accident occurred during work, you are generally insured through the employers' liability insurance association. This means that the employers' liability insurance association will cover the treatment costs, including physiotherapy and potential rehabilitation measures.
In the event of a longer period of incapacity for work, you are also entitled to injury benefit from the employers' liability insurance association. This is usually paid at a rate of 70% of the gross wage and is intended to help mitigate financial losses during your recovery. It is important that you promptly submit an application for injury benefit to the employers' liability insurance association to avoid any financial disadvantages.
If you have any further questions regarding the process with the employers' liability insurance association or if you have any uncertainties, I am happy to assist you. In such cases, it is advisable to seek advice from an experienced labor law attorney to ensure that your rights are protected.
I hope that this information helps you navigate through this difficult situation. Please do not hesitate to contact me if you need further assistance.
Sincerely,
Alexander Lenzner
