In a new bill, Minister of Employment Kaare Dybvad Bek proposes that an employer must first report an accident at work according to the absence criterion if the incident has resulted in three days of absence as opposed to the current one day.
An abatement of the duty to report accidents at work according to the absence criteria is underway.
If a new bill presented by Minister of Employment Kaare Dybvad Bek (Social Democratic Party) is passed, an employer will only be obliged to report an accident at work, solely reported due to absence, if it has resulted in three days of absence beyond the date of injury. Today, this type of occupational accident must be reported after just one day of absence.
According to the Minister for Employment, the Government's purpose with the amendment is to ensure simple and up-to-date rules and simplify the administrative processes for employers in the event of less serious occupational accidents. The absence criterion applies under both the Working Environment Act and the Workers' Compensation Act, which is why the abatement is sought to be implemented in both areas.
More severe accidents are, however, still to be reported.
Accidents at work deemed to trigger the right to compensation for loss of earning capacity, compensation for permanent injury, and/or the right to reimbursement of expenses for treatment and assistive devices under the Workers' Compensation Act continues to be reportable – even in the event of absence of less than three days.
»This is an interesting proposal, and we look forward to following its development,« says Christina Bustrup, director of the Danish Shipowners’ Accident Insurance Association (UFDS).
Report – even when in doubt
Presenting the bill, Kaare Dybvad Bek stresses that the change in the duty to report is not deemed to impact the injured party's rights under the Workers' Compensation Act. Thus, the employer must continue to report an accident at work if the employer assesses that the accident at work may trigger the right to compensation, etc.
As employers, the shipping companies will thus have to carry out this assessment in the same way as before the proposed legislative change, just as the accident at work must still be reported within 14 days of the first day of absence, just as is the case today.
»This underlines an important point from our side, in that the shipping companies should, as a general rule, report all accidents if they have even the slightest doubt as to whether it can lead to a compensation claim. And the sooner the report is filed, the better we can help the shipping companies and not least the injured party. This applies, among other things, to the proactive claims handling we can offer,« Christina Bustrup explains.
When a seafarer on one of the member companies' vessels is injured, Sedgwick Care steps in with assessment, treatment, and support to return to the labor market. The interdisciplinary team consists of nurses, physiotherapists and social workers specialized in helping people move on after an occupational injury.
»Our experience is that an early, interdisciplinary effort involving ongoing contact with the injured party through social work guidance is essential to a good case process for the injured party and often helps to ensure a better process in terms of getting a seafarer back into the labor market following an accident,« Christina Bustrup says.
She emphasizes that more notifications will not affect the individual shipping company's premium level, and that UFDS, as a mutual insurance company not required to deliver a return on capital, are neutral to notification levels.
»Our experience is that an early, interdisciplinary effort involving ongoing contact with the injured party through social work guidance is essential to a good case process for the injured party and often helps to ensure a better process in terms of getting a seafarer back into the labor market following an accident,« Christina Bustrup says.
She emphasizes that more notifications will not affect the individual shipping company's premium level, and that UFDS, as a mutual insurance company not required to deliver a return on capital, are neutral to notification levels.
»Essentially, the amendment will lead to a simplification of the current rules for our members, and when changes occur, it is always a good opportunity for the shipping companies to revisit their processes in the area,« Christina Bustrup says.
The bill was presented for the 1st reading in the Danish Parliament at the end of October and subsequently sent for further consideration by the Employment Committee.
