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Law Amending The Law On Workers ' Compensation Insurance And The Law On The Compensation Of Injured Conscripts And Others. (Coverage Of Damage Caused By Terrorism, Etc.)

Original Language Title: Lov om ændring af lov om arbejdsskadesikring og lov om erstatning til tilskadekomne værnepligtige m.fl.(Dækning af skader forvoldt ved terror m.v.)

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The law on the amendment of the law on occupational harm and the right to replace injured guardianesmen and others.

(Covering for damage caused by terrorism and others)

We, by God's grace, the Queen of the Danes, do our thing.

The parliament has adopted the following law, and we know that the following law has been approved by Parliament's consent :

§ 1

In the Law on Work Protection, cf. Law Order no. 154 of 7. In March 2006, as amended, inter alia, section 4 of Act 4. 404 of 8. 1 May 2006 and no later than Section 9 of Law No 517 of 17. June 2008, the following changes are made :

1. I § 5 inserted after ' under ' shall be inserted : `, cf. however, § 10 a `.

2. Section 7 (2). THREE, TWO. pkt., ITREAS :

' These diseases shall be provided to the Occupa-Health Committee when the Board of Health considers that there is a possibility that the disease could be recognised. '

3. I Section 9 (1). 1, ' at least every other year ` shall be replaced by ' running `.

4. The following section 9 is inserted :

"Damage as a result of war and terror"

5. After section 10 is inserted in Chapter 3 :

" § 10 a. Anyone who is ensured in accordance with this law, including self-employed persons and assisting spouses who have secured their own person after paragraph 48, paragraph 1. 2, shall have the right to compensation for the consequences of terrorist acts, cf. penal code sections 114 and 114 a, although the injury may not be regarded as a result of the work or the work carried out under. In addition, the right to compensation for the effects of acts of terrorism shall also be provided for persons secured under the protection of the occupational insurance law in accordance with other legislation.

Paragraph 2. In the damage caused by terrorism, cf. paragraph First, the state pays the benefits of the law.

Paragraph 3. The Management Board may, after paragraph 49, paragraph 1. 1 8, and Clause 59 shall require the expenses paid by an insurance undertaking or the occupational disease of the occupational disease, where the damage has affected persons whose work is to prevent, prevent or prevent terrorist acts or to provide assistance ; assistance or other performance before, during or after such action. The same applies when the injury has affected persons dispatched by the Danish state or by a Danish company to work in countries where there is a particular risk of terrorism, and when the action hits employees on a Danish ship sailing on a Danish ship ; the area where there is a particular risk of terrorism.

Paragraph 4. The same way as in paragraph 1. 3 may be charged to the costs of persons who are secured under the law on labour harm to labour harm in accordance with other legislation, and so on which shall be borne by the costs of the damage to the labour damage.

Paragraph 5. The State shall be reordered against responsible pests for expenditure that cannot be paid for by an insurance undertaking and others in accordance with paragraph 1. 3 and 4. In the case of the extent of the state's regression against the injury provider, enforceable in accordance with the provisions of Article 478 of the law, the claim may be recovered in accordance with the rules laid down in the procedure for the recovery of taxes and duties, etc., and in the income of the person concerned ; by the rules on the recovery of personal taxes in the source tax law. The arrest shall be made of the recovery authority. ` ;

6. I Section 26 (1). 2, the following shall be inserted after ' amount ` shall be inserted : " with the supplement of interest, cf. § 60. "

7. I § 36, paragraph. 4, in the words ' section 44 (4), 3, " to : section 44 (4). 2, ", and section 44 (4). 4, ' shall be replaced by '. 44 (1). 3, ".

8. The following section 37 is inserted :

" § 37 a. In the case of the processing of cases of occupational injuries to the Health Agency, the consent to obtain information after paragraph 37 is obtained by the claim or survivors of the written confirmation that a notification was received, made aware on the types of information it may be necessary to obtain, and shall have a deadline to oppose this possibility. ` ;

9. After Section 39 is inserted in Chapter 7 :

" § 39 a. Whereas the Minister for Employment may lay down rules that certain types of documents in the workplace may be issued without signature or with a mechanical regiven signature or in a similar manner, so that such documents are legally applicable in legal terms ; is treated as a person with a personal signature document. The rules shall be laid down in the case of the treatment of work claims by the Board of Work, after negotiation with the Minister for the Welfare Minister.

Paragraph 2. The Minister for Employment may set similar rules, cf. paragraph 1, relating to the processing of cases after Section 81 and section 10 of the replacement liability slop. ` ;

10. After Section 40 is inserted :

" § 40 a. The Management Board shall take a decision on repayment,

1) in the case of injured persons or survivors against a better judgment, the failure to provide information on this law and the lack of information have given rise to a decision other than the Board of Health would have taken if the information had been available ;

2) in the case of injured persons or survivors against a better judgment, incorrect information and the incorrect information have resulted in a decision other than the Board of Indiscretion would have taken if the correct information had been available ; or

3) in the case of injured or survivors, in the case of better-aware, benefits under this law are not justified.

Paragraph 2. The payment amount shall be charged with the insurance company and others in cases of accident and the occupational health insurance of the occupational disease in the case of occupational diseases. `

11. § 41, paragraph. 1, ITREAS :

' At the request of the injured or the survivors ' request or on the request of the Board of Work, any decision that an injury shall not be subject to the law shall be resumed within a period of five years from the decision. This is also true of cases which have been rejected because of the late review. '

12. Section 44 (2). 2, revoked.

Paragraph 3-6 will then be referred to in paragraph 3. 2-5.

13. I § 44 pasted as paragraph 6 :

" Stop. 6. The Management Board shall forward, in the case of the recognition of the recognition issue in the case of injury, the diagnosis of the injured employer. `

14. I § 48, paragraph. SIX, SIX. pkt., the ' taking decision ` shall be replaced by the following : ' shall inform the occupational health insurance of the working market '.

15. § 49, paragraph. 1, ITREAS :

' In the event of an accident, the costs of the insurance undertaking ' s insurance undertaking, cf. however, § 10 a. In the case of occupational diseases, the costs of the occupational health insurance of the labour market shall be borne in accordance with. however, § 10 a. The same shall apply where a voluntary system is optional in accordance with Article 48 (1). 2. The Management Board shall inform the Occupational Health Safety of the Occupational Health Safety Board in respect of the nature, intensity and time of impact of the effects on the effects of the impact. The occupational disease of the labour market is henging the cost of a business. '

16. § 56 a ITREAS :

" § 56 a. The occupational health insurance of the labour market may be given access to the information relating to the industry and the number of employees in the income register, cf. Section 7 of the law on an income register that is necessary for the calculation and collection of contributions from security-party employers. ` ;

17. I § 77, 1. pkt., the following shall be inserted after ' survivors ` : `, cf. however, § 10 a `.

§ 2

Law no. 423 of 10. In June 2003 on compensation to injured service providers and others, the following changes shall be made :

1. The following section is added :

" § 1 a. Anyone who is guaranteed by that law, however, has, irrespective of the provision in paragraph 1 (1). 1, the right to compensation for the consequences of terrorist acts, cf. penal code sections 114 and 114 a, although the injury may not be considered to be a result of the service or the nature of the service that has been carried out.

Paragraph 2. The State shall be reordered against responsible pests responsible for expenditure pursuant to paragraph 1. 1. In the case of the extent of the state's regression against the injury provider, enforceable in accordance with the provisions of Article 478 of the law, the claim may be recovered in accordance with the rules laid down in the procedure for the recovery of taxes and duties, etc., and in the income of the person concerned ; by the rules on the recovery of personal taxes in the source tax law. The arrest shall be made of the recovery authority. ` ;

2. I § 4, 2. pkt., in the words ' where there is a particular reason for ':' when the conditions for a derogation are subject to section 36 (4). One, in the labour damage area code, has been fulfilled. '

§ 3

Paragraph 1. The law shall enter into force on the day following the announcement in the law.

Paragraph 2. The law is applied to

1) working accidents which enter into force on effective date or later ; and

2) occupational diseases declared on the date of entry into force or later.

Paragraph 3. § 1, no. 2, shall have effect on matters to be presented to the Business Affairs Committee on effective day or later.

Paragraph 4. § 1, no. 6, have effect in cases where the Board of Health has paid compensation and compensation amounts to injured persons or survivors on the date of entry into force or later.

Paragraph 5. § 1, no. 9 shall have effect on documents sent on the day of entry into force or later.

Paragraph 6. § 1, no. 10 shall take effect on cases in which the Board of Health shall decide on the refund on effective date or later.

Paragraph 7. § 1, no. 11 shall have effect on all decisions on resumption, which shall be taken at the effective date or later.

Paragraph 8. § 2, nr. 2, applied to

1) accidents which enter into force on effective date or later ; and

2) diseases declared on the date of entry into force or later.

§ 4

A security-based insurance holder cannot terminate insurance because of an increase in the premium, which is solely justified by an increase in expenditure resulting from this law.

§ 5

The law does not apply to the Faroe Islands and Greenland. Section 1 may be put into force in Greenland by means of the changes resulting from the special Greenland conditions.

Givet at the Christiansborg Castle, the 18s. March 2009 MARGRETHE R / Claus Hjort Frederiksen