Occupational disability
Disability is the permanent disease - accident - or invalidity-related inability of a person to exercise their profession.
causes
The main causes of occupational disability include: diseases of the heart and vascular system, the musculoskeletal system, cancer , nervous disorders and accidents. Depending on the age, the distribution of the individual causes can be subject to significant fluctuations. With increasing age, the frequency of diseases of the heart and vascular system ( strokes ) or cancer as the cause increases. On the other hand, accidents as a trigger for the occurrence of occupational disability are clearly decreasing. The incapacity for work is thus directly linked to the frequency of the causes for the diseases mentioned.
More recent data clearly show that nowadays organic diseases are by far no longer the most common cause of occupational disability. Rather, diseases of the psyche and behavioral disorders are in the foreground today.
Germany
Legal position
In contrast to full occupational disability, partial occupational disability is an impairment due to which a person can only partially exercise their profession. In contrast to incapacity for work, occupational incapacity also exists if the person concerned would be able to work in a different profession, possibly less socially respected or associated with (considerable) loss of income.
The financial consequences of occupational disability can be covered with private disability insurance. The causal condition must be confirmed by a doctor and recognized by the insurance company. In general, insurance companies pay for a partial occupational disability of at least 50 percent, based on the last occupation or the last activity. With the private protection of the occupational disability through an insurance contract, the disability as well as the exemption from contributions in the event of occupational disability are automatically insured.
The statutory pension insurance in Germany also included occupational disability protection until the end of 2000. In the course of the reform of the pensions due to reduced earning capacity, however, it was abolished through the introduction of a two-stage disability pension , since the risk was not purely existential, but also secured social status. For reasons of protection of confidence , insured persons who were born before January 2, 1961 and who are no longer able to work six hours a day in their previous occupation or in a reasonable referral activity, receive half a disability pension ( Section 240 SGB VI ).
Statutory pension insurance
Definition of occupational disability
In accordance with Section 240 (2) SGB VI, insured persons are unable to work in the sense of the German statutory pension insurance if their ability to work due to illness or disability has fallen to less than six hours compared to the ability to work of physically, mentally and emotionally healthy insured persons with similar training and equivalent knowledge and skills is. The group of activities according to which the employability of insured persons is to be assessed includes all activities which correspond to their strengths and abilities and which can be expected of them, taking into account the duration and scope of their training as well as their previous occupation and the special requirements of their previous professional activity . An activity for which the insured has been successfully trained or retrained through benefits for participation in working life is always reasonable. A person is not incapable of working if he can perform a reasonable job full-shift; the respective labor market situation is not to be taken into account.
The main occupation practiced is decisive for the assessment of occupational protection. This is generally understood to mean the activity subject to compulsory insurance that was last performed permanently, i.e. with the aim of exercising it until the onset of the health impairment or until the age limit was reached; As a rule, this is the last employment or activity subject to compulsory insurance, at least if it is of the highest quality.
If the insured person can no longer exercise his last main job due to health reasons, he is still not incapacitated as long as he can still be referred to another full-shift job (referral activity). He can only be referred to such an activity that is socially acceptable to him and that he is able to cope with both healthily and professionally. The reasonableness depends on the qualifications required for the referral activity.
The Federal Social Court has developed a multi-level scheme to assess the reasonableness . According to this, activities that correspond to the same qualification level or the next lower qualification level are usually still reasonable. Level 1 includes unskilled professions; Professions with training up to two years are to be assigned to level 2; Professions with more than two years of level 3 training; Professions that require additional qualifications or experience or the successful attendance of a technical school belong to level 4, as well as skilled workers with a supervisory function compared to other skilled workers, specialist workers, masters and professions with a technical school qualification as an entry requirement; Level 5 includes professions that require a successful graduation from a university of applied sciences or at least equivalent professional training; Finally, level 6 is assigned to professions whose high quality is regularly based on a university degree or a comparable qualification.
The onset of occupational disability is usually determined on the basis of a medical report . Occasionally, professional reports are also obtained.
Pension benefits in the event of occupational disability
The occupational disability pension is under the law of the German statutory pension insurance with the entry into force of the law on the reform of pensions due to reduced earning capacity from December 20, 2000 to January 1, 2001 through the amendment of § 43 SGB VI i. d. F. of December 31, 2000 no longer applies to all insured persons who on December 31, 2000 were not yet entitled to an occupational disability pension, regardless of when they were born, i.e. even if they were born before January 2, 1961. Insured persons who were already entitled to a pension due to occupational disability on December 31, 2000, enjoy vested rights and continue to receive the disability pension (see Section 302b SGB VI).
For reasons of legitimate expectation , protection in the event of occupational disability has been granted for those insured who were born before January 2, 1961 and who become disabled after December 31, 2000. According to Section 240 (1) SGB VI, these persons are entitled to a pension for partial reduced earning capacity if the other requirements are met.
Forms of private protection against the risk of occupational disability
The definition in § 172 VVG is not binding for private occupational disability insurance, but it is assigned a role model function.
An insurance product called occupational disability insurance must at least meet the requirements of Section 172 VVG. The last occupation must be insured and not the general labor market, such as B. would be the case with disability insurance . The trigger can be any illness, bodily harm or even more than age-related decline in strength. So there is no restriction here, such as: B. with a dread disease or basic skills insurance . The restriction must be partial or total. With the exception of individual cases, the market already performs with a restriction of 50%. And the restriction must be permanent. This distinguishes the occupational disability insurance from the incapacity for work, which z. B. is insured in daily sickness allowance insurance. On the market, "permanent" is now defined as 6 months, which is why there can always be overlaps between daily sickness allowance and BU insurance.
Insurance in the form of occupational disability insurance can be undertaken in various ways:
- as an independent insurance
- as risk insurance with the inclusion of an additional occupational disability insurance (BUZ)
- as capital or pension insurance with the inclusion of a BUZ
- as a basic pension with the inclusion of a BUZ
- in combination with an equity or bond fund
- as inclusion in a company pension scheme
statistics
The occupations with the highest incapacity rates
| rank | job | New additions to pensions | Share of disability pensions | Share of pensions due to death |
|---|---|---|---|---|
| 1 | roofer | 1021 | 52.4% | 28.4% |
| 2 | Nurse | 7972 | 41.3% | 12.2% |
| 3 | butcher | 1348 | 40.0% | 19.8% |
| 4th | Civil engineer | 1266 | 38.1% | 23.6% |
| 5 | Bricklayer | 5449 | 37.7% | 20.2% |
| 6th | painter | 3167 | 37.4% | 20.6% |
| 7th | Social worker | 8668 | 36.4% | 10.6% |
| 8th | Bauhilfsarb. | 7228 | 36.0% | 25.1% |
| 9 | Auxiliary worker | 18027 | 36.0% | 21.6% |
| 10 | Concrete worker | 1464 | 35.4% | 17.3% |
Map report
Pensions because of death , means that the bonds due to an occurring death of the insured if at the survivors (n) to be paid.
Causes of occupational disability
| root cause | 2014 | 2008 |
|---|---|---|
| mental illness | 31.55% | 20.06% |
| Musculoskeletal disease | 21.17% | 27.00% |
| Cancers | 15.00% | 15.40% |
| Accidents | 9.41% | 11.30% |
| Cardiovascular diseases | 7.76% | 15.60% |
| other illnesses | 15.11% | 11.20% |
Source: Tomorrow & Tomorrow
Age of the disabled
| Age groups | |
|---|---|
| 20-35 | 6% |
| 36-45 | 20% |
| 46-50 | 16% |
| 51-55 | 26% |
| 56-60 | 27% |
| 60+ | 5% |
Source: Statista 2007
France
Legal position
In France, the occupational disability must be determined by an occupational physician, art. L. 4624-4, phr. 1 C. trav. .
Work accident
Reintegration
If the occupational physician determines that the occupational disability was caused by an accident at work , the employer must inform the employee in accordance with art. L. 1226-10, al. 1 C. trav. offer an alternative position for reintegration in the company or (if not possible) in a company of the group on French territory , for which he is able to work ( obligation de reclassement ).
The position offered must take into account the employee's qualifications and be as similar as possible to the previous activity, art. L. 1226-10, al. 2 et 3 C. trav.
Impossibility of reintegration
If it is not possible for the employer to offer the employee such an alternative position, he must provide him / her acc. art. L. 1226-12, al. 1 C. trav. inform extensively in writing about the reasons for this, bearing the burden of proof for the impossibility, cf. art. L. 1226-12, al. 2 C. trav.
Can the employer provide this evidence or does the employee have one of the requirements of art. L. 1226-10, al. 2 et 3 C. trav. rejected a sufficient offered position or if the occupational physician has expressly advised against reintegration for important health reasons, the employee may be terminated , art. L. 1226-12, al. 4 C. trav.
In the case of ordinary dismissals, the employer is generally obliged to continue to employ the employee for a certain period of time, depending on their length of service, and to pay him the wages in the form of a severance payment that he would have received had the employment relationship continued during this period (so-called indemnité de préavis ) , see. art. L. 1234-1 C. trav. If the employer terminates an employee due to the impossibility of reintegration, the latter cannot perform the work owed in return, but has nevertheless according to art. L. 1226-14, al. 1 , L. 1234-5 C. trav. a right to compensation ( indemnité compensatrice de préavis ) in the same amount as indemnité de préavis . In addition, unless a collective agreement provides for anything more favorable, he receives a special severance payment ( indemnité spéciale de licenciement ), which is twice the statutory severance payment , art. L. 1226-14, al. 1 , L. 1234-9 C. trav. If, on the other hand, the employee has one of the requirements of art. L. 1226-10, al. 2 et 3 C. trav. rejected sufficient offered position, he loses according to. art. L. 1226-14, al. 2 entitlement to this severance payment.
Deadline
In principle, there is no deadline for the offer or the termination by the employer. However, if they do not take place within one month, the employer owes payment of the monthly wage, art. L. 1226-11, al. 1 C. trav.
Claims of the employee in the event of violations
If the employer violates his reintegration obligation by not offering the employer an alternative position despite the possibility to do so ( art. L. 1226-10, al. 1 C. trav. ), Reintegration cannot be forced upon him; In this case, however, in addition to the indemnité compensatrice de préavis and the indemnité spéciale de licenciement, he must pay the employee compensation in the amount of the last six monthly salaries, art. L. 1226-15, al. 1 C. trav.
Web links
literature
- Kai-Jochen Neuhaus: occupational disability insurance . 3. Edition. CH Beck, Munich 2014, ISBN 978-3-406-64272-2 .
- Anja Krüger: The fear makers . 1st edition. Lübbe Ehrenwirth, Cologne 2012, ISBN 978-3-431-03844-6 .
Individual evidence
- ↑ Causes of the disability
- ↑ Law on the reform of pensions due to reduced earning capacity of December 20, 2000, Federal Law Gazette I, p. 1827.
- ↑ consistent case law of the Federal Social Court, see u. a. Judgment of 9 October 2007, B 5b / 8 KN 3/07 R, paragraph 11
- ↑ BSG, judgment of 9 October 2007 - B 5b / 8 KN 3/07 R, paragraph 12
- ↑ Federal Social Court, judgment of July 29, 2004 - B 4 RA 5/04 R, paragraph 31
- ↑ BGBl. I, pp. 1827, 1828.
- ↑ www.dejure.de: § 172 Insurance Contract Act. Retrieved April 20, 2020 .
- ↑ WorkSurance - Experts in Workforce Protection. Retrieved April 20, 2020 (German).
- ^ Map report
- ↑ Morgen & Morgen ( Memento from June 15, 2013 in the Internet Archive )
- ↑ Statista
- ^ Direction de l'information légale et administrative (Premier ministre): Accident du travail: inaptitude du salarié. In: Service Public - Le site officiel de l'administration francaise. January 15, 2018, accessed January 28, 2019 .
