Accidents at work and occupational diseases

An industrial injury is an accident or disease caused by the work or working conditions

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An industrial injury is an accident or disease caused by the work or working conditions. It may be caused by a fall at the workplace where you break your leg, a back injury sustained due to heavy lifting, eczema due to an allergic reaction to substances in the working environment, a severe mental strain etc.  

If you have been injured in connection with your work, this will be reported by your employer to the employer's insurance company or by your GP to Arbejdsmarkedets Erhvervssikring (AES).  

Your accident can be recognised as an industrial injury if: 

  • the accident occurred as a consequence of your work or the conditions under which the work was carried out 
  • the severity of your injury exceeds the minimum threshold set out in applicable legislation 
  • the distress you experience is caused by the injury you sustained in the accident.

Your disease can be recognised as an industrial injury if: 

  • the disease is on the list of occupational diseases 
  • it can be documented that the disease has been caused by your work

If your disease is recognised as an occupational disease, you may be entitled to compensation.  

In the vast majority of cases, you do not need to do anything in order for the industrial injury to be reported.  

Who reports an accident

If you have been in an accident, it is your employer's duty to report the injury to the insurance company with which your employer has taken out industrial injury insurance. Initially, your employer's insurance company processes the claim. The insurance company will gather information about the accident and the injury you have sustained. The reporting must take place within nine days at the latest of the injury having been sustained. Even if the injury does not result in any compensation, the employer must still report it if the injured person is unable to fully resume work five weeks after the injury was sustained.  

Who reports a disease 

Your employer does not have a duty to report occupational diseases. If you have a disease that may have been caused by your work, your GP or specialist reports this to Labour Market Insurance (AES). 

What you should do

Keep an eye on whether you receive a receipt letter from AES in your e-Boks about your injury being reported to AES.  

You can also keep an eye on Se Sag and see if the report has been registered with AES.  

If your employer does not report the injury to their insurance company, you can report it to AES yourself. There is a 1-year deadline for reporting.  

After the report

When your employer reports an accident, it is your employer’s insurance company that will be the first to process the case. The insurance company will gather information about the accident and the injury you have sustained. The insurance company processes the less serious accidents and therefore it is not all accidents that are sent to Labour Market Insurance (AES). When the insurance company has information on the accident, it will assess whether the case should be processed by AES.    

When your doctor or medical specialist reports a disease, AES will receive the report directly from the doctor. AES will then begin collecting information on your disease in order to assess whether it can be recognised as an industrial injury.  

AES processes and decides upon the case

When your accident or illness is registered in AES, you will receive a receipt letter that lets you know that we are processing your case.  

When AES processes the case, we will collect and assess all of the relevant information in your case. You will get questionnaires to fill out about your case and send to AES. You may also be asked to go to the doctor and get a medical certificate filled out. AES works together with doctors, insurance companies, municipalities, labour unions and attorneys to collect information to ensure the best possible knowledge about your injury and your situation.  

AES decides whether the industrial injury can be recognised based on the provisions of the law and whether a person is entitled to compensation for permanent injury and loss of earning capacity.  

Even though you have been injured or gotten ill, your case can still be rejected. This does not mean that AES does not believe that you are injured or ill. It only means that your claim does not meet the requirements in the Danish Workers’ Compensation Act.  

If you do not want an industrial injury case to be processed by AES

You or your representative can say “No” to AES processing or collecting information on your case. For example, if an employer has reported an accident at work but you have not been hurt and therefore you do not want us to process the case.   Once your case has been received by AES, we will wait seven days before we begin processing it. You have seven days to let us know that you do not want us to process or collect information on your case.    You or your representative can also at any time ask us to stop the processing of your case.   

Access to case information

As the injured person, you are a legal part of the case and may at any time  during the case receive a copy of the information that Labour Market Insurance (AES) has on the case.  

You can also keep an eye on your case via Se Sag. Here you can also give others access to view your case.  

Questions and medical examinations

In order for us to investigate your case as thoroughly as possible, it is important that you respond to our questions and attend the medical examinations we ask you to.  

You can get your necessary expenses covered when we send you to examinations.  

Do you have new information on your case?

If you have additional information for your case that you wish to submit to us, you can ask to have the case postponed while you get the information. We will typically postpone the case for 14 days before we make a decision.  

You can at any time ask us to stop processing your case. We just need to be notified in writing.  

Before we make a decision on the case, we will send you copies of the information that is significant in making a decision and which we believe you are not already aware of. We will at the same time ask you to comment on the information.  

If we have used one of our medical consultants when assessing your case, you can ask to see the statement from the medical consultant after the decision has been made.  

Postpone the deadline for responding

If you need more time to respond to a letter from AES, you can extend the deadline in Se Sag.  

Options for appealing

You can make a complaint on our decisions and the case processing.      

Resumption

If there is something new in your case, you can ask to have it resumed.  

You can provide a power of attorney

You can give a power of attorney to someone who is helping you with your industrial injury case. For example, your trade union or an attorney who can help you with advice or assist you in filling out forms.     

Labour Market Insurance (AES) does not cover any potential expenses you have for unions, attorneys or others who are assisting you.  

Changes to or revoking a power of attorney     

  • If you wish to revoke a power of attorney, you must notify us in writing
  • If you wish to grant a power of attorney to someone else, you must send in a new power of attorney. At the same time you also need to ask to get the old power of attorney revoked       
  • if you wish to change the rights given to your power of attorney, you must send in a new power of attorney letter

Once your case has been closed, multiple parties can appeal the decision:

  • yourself
  • your employer
  • Labour Market Insurance Claims Review (AESK)
  • the employer’s insurance company  

If a party makes a complaint about the industrial injury decision, your payment will be postponed until the complaint has been processed. Please note that your payment is not postponed if you are the one appealing a decision.  

Do you want to appeal the decision concerning your case?

If you disagree with the decision concerning your case, you can appeal it and send a complaint to Labour Market Insurance (AES). If AES cannot agree with your complaint, it will be sent to theon the National Social Appeals Board (Ankestyrelsen) for processing. The deadline for appealing is four weeks after you have received your decision.   

Depending on your type of industrial injury, it varies who pays your compensation.  

Payment in the event of occupational diseases

If your industrial injury is an occupational disease, Labour Market Insurance (AES) will pay your compensation. Once your case has been decided on, AES has five weeks to pay your compensation. AES will pay the sum into your NemKonto as soon as possible.

Payment in the event of an accident at work

If your industrial injury is an accident at work, it is your employer’s insurance company that pays the compensation to your NemKonto. This will normally take place no later than five weeks after the decision has been made. If this does not happen, you are entitled to interests from the insurance company.  

If you wish to know more about the payment of your compensation for an accident at work, you can contact your employer’s insurance company.

Once your case has been closed, multiple parties can appeal the decision:

  • yourself
  • your employer
  • Labour Market Insurance Claims Review (AESK)
  • the employer’s insurance company  

If a party makes a complaint about the industrial injury decision, your payment will be postponed until the complaint has been processed. Please note that your payment is not postponed if you are the one appealing a decision.  

Do you want to appeal the decision concerning your case?

If you disagree with the decision concerning your case, you can appeal it and send a complaint to Labour Market Insurance (AES). If AES cannot agree with your complaint, it will be sent to theon the National Social Appeals Board (Ankestyrelsen) for processing. The deadline for appealing is four weeks after you have received your decision.   

You can have a decision resumed if new information appears for the case. For example, if your injury turns out to be more serious or if your employment situation changes after you have received a final decision.  

Different rules apply for resumption depending on what part of your case you want resumed. The three main areas are:

  • cases that have previously been rejected
  • questions about compensation
  • errors or deficiencies in a decision  

Read more about the opportunities for resumption   

Labour Market Insurance (AES) is part of the ATP Group. Every year, AES processes around 60,000 cases in which people have been injured at work or fallen ill on account of their jobs. In addition, AES pays compensation to Danish residents for recognised occupational diseases and collects AES contributions via Samlet Betaling (a joint payment solution from employers)

Contact AES

Telephone: +45 48 20 58 40  

Telephone hours: 

Monday  09:00 -15:00
Tuesday  09:00 -12:00
Wednesday  09:00 -12:00
Thursday  09:00 -12:00
Friday  09:00 -12:00
Saturday  Closed
Sunday  Closed

Contact Labour Market Insurance (AES):

Email: aes@atp.dk

Address:
Arbejdsmarkedets Erhvervssikring (Labour Market Insurance)
Kongens Vænge 8
DK-3400 Hillerød

Contact Labour Market Insurance, Payment (AESU):

Contact

Labour Market Insurance (AES)

Telephone: +45 72 20 60 00

Monday 09 - 15
Tuesday to Friday 09 - 12

Email: aes@atp.dk 

Last updated: 14 December 2020