Occupational damage compensation

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The occupational injury compensation is a claim of social compensation law and in § 30 ff Para. 3. The Federal Supply Act (BVG) regulated.

Requirements and assessment

According to these provisions, injured persons whose income from current or previous activity is reduced due to the consequences of damage ( Section 1 BVG) receive compensation for occupational damage in the amount of 42.5% of the loss rounded up to the nearest full euro. Loss of income is the difference between the gross income from current or previous activity plus the equalization pension (= current income) and the higher comparable income (Section 30 (4) sentence 1 BVG, "gross method").

How the comparison income is calculated is regulated in Section 30 (5) BVG in conjunction with the Occupational Damage Compensation Ordinance. Accordingly, the comparison income is calculated from the monthly average income of a grade of grade A , to which the injured would be assigned without the damage. Depending on the actual or probable educational qualification, five different comparative incomes are formed. Details are given in § 2 of the new version of the occupational injury compensation Regulation (BSchAV), which entered into force on July 1, 2011th The comparative income is announced annually in the Federal Gazette and also published on the homepage of the Federal Ministry of Labor and Social Affairs .

The "gross method" shown above is no longer used, however. Since December 21, 2007, the "net method" has been used for all new cases (Section 30 (6-8) BVG). The net amount of the comparison income is compared with the net amount of the actual income, whereby the net amounts are fictitiously determined from the gross amounts according to specified formulas (Section 30 (7) f. BVG). In addition to the equalization pension ( §§ 32 f. BVG), the spouse's allowance ( § 33a BVG) is also added to the net amount of actual income. The difference between the two net amounts is paid as compensation for occupational damage (Section 30 (6) BVG).

On July 1, 2011, the statutory provisions on compensation for occupational damage were fundamentally reformed. In particular, the system of comparison incomes was radically simplified: from an abundance of more than 1000 professional groups, only five comparison incomes were formed, which are based on the salaries of federal civil servants. In addition, the system of dynamization of the comparison income was changed, whereby two different dynamization methods were introduced: in "old cases" (application submitted before July 1, 2011), the comparison income was determined on June 30, 2011 and has since been calculated annually with the same percentage as the other pensions adjusted ( Section 87 (1) BVG); In the case of "new cases" (application submitted after June 30, 2011), however, the compensation for occupational damage is adjusted annually in line with the development of civil servant salaries (Section 30 (5) BVG). However, since the pension level of the statutory pension insurance will continue to fall compared to the level of the average income due to the pension adjustment formula, the "old cases" suffer a noticeable loss of income in the medium term. Because of the different dynamization, they are disadvantaged compared to the "new cases".

Recipients

The number of recipients of this benefit under social compensation law is relatively small. In January 2013 there were 16,400 recipients of occupational damage compensation. Due to the old age of the war invalids, the number will continue to decrease in the coming years. The second largest group of recipients of this benefit are victims of acts of violence who receive compensation under the Victims Compensation Act (cf. § 1 OEG). In terms of numbers, there are former soldiers in the Bundeswehr who have suffered military service damage (cf. §§ 80 f. SVG).

literature

  • Federal Ministry of Labor and Social Affairs (ed.), Overview of social law, education and knowledge publishing house (appears annually).
  • K.-F. Ernst - B. Morr, Counselor on Social Compensation Law, KB Helfer 2013, Stuttgart et al: Boorberg Verlag 2013.
  • H.-G. Hansen, Der Berufsschadensausgleich - with special consideration of the case law of the BSG and the situation in the new federal states, Cologne, among others: Heymanns 1996.
  • S. Knickrehm, Entire Social Compensation Law: Handkommentar, Nomos Verlag 2011.

Individual evidence

  1. ↑ Text of the applicable occupational damage compensation regulation Text of the occupational damage compensation regulation applicable
    until July 2011
  2. ↑ Homepage of the Federal Ministry of Labor and Social Affairs ( Memento of the original dated December 3, 2013 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice.  @1@ 2Template: Webachiv / IABot / www.bmas.de
  3. ↑ See Federal Ministry of Labor and Social Affairs (ed.), Pension Insurance Report 2013, p. 40 (Table B 8).
  4. ↑ Federal Ministry of Labor and Social Affairs (ed.), Overview of Social Law 2013/2014, p. 1109 (the entitlement month "January 2011" stated there is based on a missed adjustment and must be corrected to "January 2013").