Injury benefit

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This article or paragraph presents the situation in Germany . Help us to describe the situation in other countries.

In Germany, the injury benefit according to §§ 45 ff. Book 7 of the Social Code (SGB VII) is a compensation payment from the statutory accident insurance after work accidents or occupational diseases .

In Austria, if you are unable to work, you are also entitled to sickness benefit from the health insurance as a result of an accident at work, in accordance with Section 138 of the General Social Insurance Act (ASVG). The entitlement is suspended as long as the employer continues to pay.

requirements

The basic case of entitlement to injury benefits requires that

Furthermore, injury benefits can be paid if

  • Benefits for participation in working life are required for disabled people, but these are delayed for reasons that are not related to the person of the injured person,
  • for one of the parents of an injured child if they are younger than 12 years and require supervision, care or care,
  • with simultaneous implementation of a therapeutic measure and services for participation in working life.

Duration of the payment of injury benefits

The entitlement to injury benefits begins on the day the doctor diagnoses the incapacity for work or from the start of the therapeutic measure (see above). The remuneration paid is offset against the claim to injury benefit, so that payment only begins when continued remuneration has expired .

The entitlement to injury benefits ends

  • if the incapacity for work no longer exists or the medical treatment measure (see above) no longer prevents full-time employment or
  • there is a claim to transitional allowance on the day before the start of this claim or
  • If the return to work is not expected and no benefits for participation in working life are to be provided, the injury benefit ends:
  • on the day on which the insured person's health has been restored to such an extent that he can take up a reasonable and available job or gainful activity or
  • with z. B. Beginning of the pension due to reduced earning capacity, pension due to incapacity to work or full pension due to old age (all benefits of the German pension insurance) or other, comparable cash benefits, which are mentioned in § 50 Abs. 1 Satz 1 SGB ​​V , if these benefits are not related to work - / commuting accident or the occupational disease that led to the entitlement to injury benefit.

In all other cases (if the return to work can no longer be expected), entitlement to injury benefit ends.

Injury allowance amount

Injury benefit is calculated in the same way as sickness benefit . However, there are differences in the level of entitlement. The injury benefit amounts to 80% of the standard wage (sickness benefit: 70%), but is limited to the amount of the net wage. When calculating injury benefits, in contrast to sickness benefits, tax-free remuneration components (e.g. holiday and night work supplements), which are therefore not subject to health insurance contributions, must be taken into account, as well as income from marginal employment.

In the case of the unemployed, injury benefit is paid in the amount of the unemployment benefit , in the case of retraining the expected wage. On the injury benefit pay is (for example in sick leave ), maternity pay , supply sick pay , maintenance allowance , short-time compensation , winter compensation money , unemployment and unemployment benefits counted.

For voluntarily insured entrepreneurs, the injury benefit per calendar day is the 450th part of the selected sum insured.

The injury benefit is subject to the tax progression proviso .

Relapse

The injury benefit is to be calculated in the same way as for the first illness.