Reporting of industrial injuries – your rights as an employee

If you suffer an accident at work or develop an occupational disease, it must be reported to the Labour Market Insurance. Furthermore you need to get your injury recognised as an industrial injury in order to get compensation.

If you get injured at work it must be reported to the Labour Market Insurance. In most cases your employer or doctor will report the injury, but sometimes you have to do it yourself.

What is an industrial injury?

An industrial injury covers two different concepts:

  • Accidents at work
  • Occupational diseases

An accident is a physical or mental injury that follows an incident or exposure that occurred suddenly or within 5 days. Example: Your finger gets cut off in a machine.

An occupational disease is a disease that is caused by the work or working conditions. The disease may develop due to short- or long-term exposures. Example: Your hearing is reduced after several years of working in a noisy environment.

Who reports an industrial injury?

Normally your employer, doctor, or dentist will report an industrial injury. You can also report an industrial injury yourself by contacting your employer’s insurance company or the Labour Market Insurance (Arbejdsmarkedets Erhvervssikring).

Special circumstances where citizens can report an industrial injury

There may be situations where citizens have to report an industrial injury themselves, for example:

  • If the employer does not wish to report the injury
  • If the employer no longer exists
  • If the employer has gone bankrupt

If you are a member of a trade union, it can report the injury digitally on your behalf.

Once an injury has been reported, you will get a receipt. If you do not get any receipt, you should contact the Labour Market Insurance, your employer or your doctor to check that the claim form has been sent.

Recognition of an industrial injury

In order for you to get compensation or other benefits, you need to have your injury recognised as an industrial injury. If an accident or occupational disease is to be recognised, several requirements have to be met. The two primary requirements are:

  • The injury must have occurred while you worked in Denmark for an employer.
  • The injury must have occurred due to your work or your working conditions.

How the Labour Market Insurance assesses your claim

When the Labour Market Insurance (Arbejdsmarkedets Erhvervssikring) receives your claim, the caseworkers assess whether the claim should be handled as an accident claim or an occupational disease claim.

Then they start gathering the information that is necessary to make a correct decision. Usually they need information from you, from your employer, and from your doctor in order to examine what has happened and what may be the cause of the injury.

If there are any doubts as to the incident or the exposure, they may consult other witnesses.

Decision and compensation

Once the Labour Market Insurance has sufficient information the caseworkers usually make a comprehensive decision.

In the decision letter they explain, if they have recognised your injury as an industrial injury and if the injury entitles you to compensation.

If you disagree with the decision, you may submit the decision to the National Social Appeals Board.

Resumption of your claim

You can ask the Labour Market Insurance to resume your claim by way of a letter, by phoning or by sending an email.

When you ask for resumption, it is important that you explain what the new information is or what errors or omissions you find in the decision letter. New information can for instance be that you have been examined by a medical specialist, who established an aggravation of your condition.

If you do not point out that there is new information, the Labour Market Insurance will not resume the claim.