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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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=123886

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.)

WE, MARGRETHE the SECOND, by the grace of God Queen of Denmark, do indeed:

The Danish Parliament has adopted and we know Our consent confirmed the following law:

§ 1

The law on workers ' compensation, in accordance with article 3. lovbekendtgørelse nr. 154 of 7. March 2006, as amended, inter alia, by section 4 of Act No. 404 of 8. May 2006 and most recently by section 9 of Act No. 517 of 17. June 2008, shall be amended as follows:

1. In paragraph 5 shall be added after ' under ': ' without prejudice to article. However, section 10 (a) '.

2. § 7 (3), 2. paragraph is replaced by the following: ' these diseases must be submitted to the occupational injuries when the Committee considers that there is a possibility that the disease will be recognized. '

3. In article 9, paragraph 1, the words ' at least every two years ' to: ' current '.

4. Under section 9 shall be inserted as a heading:

» Damage resulting from war and terrorism '

5. Under section 10 shall be inserted in Chapter 3:





» § 10 a. anyone who is protected in accordance with this law, including the self-employed and assisting spouses who have secured their own person under section 48, paragraph 2, shall be entitled to compensation for the consequences of terrorist acts, in accordance with article 3. Penal Code §§ 114 and 114 (a), even if the damage cannot be regarded as a result of the work or the conditions, work has been going under. Right to compensation in accordance with this law for the consequences of acts of terrorism have moreover persons is guaranteed in accordance with the workers ' compensation insurance law pursuant to other legislation.



(2). By damage caused by terrorism, see. paragraph 1, the State pays benefits according to law.

(3). Injuries may, in accordance with section 49, paragraph 1-8, and section 59 claim costs paid by an insurance company or by the labour market occupational disease insurance et al., when damage has affected people, whose work aims to prevent, prevent or deter terrorist acts or to provide help, assistance or other intervention before, during or after such action. The same applies if the damage suffered by persons who are issued by the Danish State or by a Danish company to work in countries where there is a particular risk of terrorism, as well as when the action hits employees aboard a Danish ship operating in an area where there is a particular risk for terrorism.

(4). In the same way as provided for in paragraph 3, expenditure in cases involving persons who are protected in accordance with the law on workers ' compensation pursuant to other legislation, paid by the authority, etc., required to bear the costs of workers ' compensation.

(5). The State has recourse against responsible pests of expenses not paid by an insurance company may be required, etc. in accordance with paragraph 3 and 4. To the extent the State's recourse claim against the offender shall be enforceable in accordance with section 478 of the code, the claim can be recovered in accordance with the rules of the law on the procedure for the recovery of taxes, etc., and by deduction in his or her income in accordance with the rules for the collection of personal taxes in kildeskatteloven. Cold cuts of deduction given by arrears collection authority. '

6. In article 26, paragraph 2, shall be inserted after ' amount ': ' plus interest, see. § 60 '.

7. In article 36, paragraph 4, the words ' section 44, paragraph 3.0 ' to: ' section 44 (2), ', and ' § 44, paragraph 4.0 ' shall be replaced by: ' section 44 (3) '.

8. Under section 37 shall be inserted:





» § 37 (a). When examining cases on work injuries injuries can consent to obtain information under section 37 shall be obtained by that injured or bereaved in the written confirmation of the fact that a notification is received, will be made aware of what types of information it may be necessary to obtain, and are given a deadline to possibly make an objection against this. '



9. Under section 39 shall be inserted in Chapter 7:





» § 39 a. Employment Minister may lay down rules that certain types of documents on workers ' compensation area may be issued without signature or with mechanically reproduced signature or in a similar way, so that such documents be legally equated with a document with personal signature. The rules shall be determined, with regard to the appeal against Agency's treatment of the occupational field, after negotiation with the Welfare Minister.



(2). Employment Minister may impose similar rules, see. paragraph 1, relating to workers ' compensation Agency's handling of cases under section 81 and section 10 of the Compensation Act. '

10. Under section 40 shall be inserted:

» § 40 a. injuries shall decide on reimbursement,





1) when injured or bereaved against better judgement has failed to provide information in accordance with this law and the lack of information has led to a different decision than injuries would have taken if the information had been available,

2) when injured or bereaved against better judgement has made false information and incorrect information has resulted in a different decision than injuries would have taken if the correct information had been available, or

3) when injured or bereaved, incidentally, against better judgement wrongly received benefits under this Act.





(2). The repayment amount will be charged by the insurance company and others. in cases of accident and of occupational disease protection in matters relating to labour market occupational diseases. '

11. section 41, paragraph 1, is replaced by the following: ' at the request of the injured or the survivors or on workers ' compensation Agency's behest, any decision that an injury are not covered by the law, be resumed within a period of 5 years from the date of the decision. It also applies to cases that are rejected due to late notification. '



12. section 44 (2), is repealed.




Paragraph 3-6 becomes paragraph 2-5.



13. In section 44 shall be added as paragraph 6:

' (6). Injuries will pass by the decision of the recognition issue in workers ' compensation case information on the express diagnosis to the employer. '

14. In section 48, paragraph 6 6. paragraph, the words ' acting ' is replaced by: ' shall inform the labour market occupational disease insurance '.

15. section 49, paragraph 1, is replaced by the following: ' in the event of accidents are paid the cost of the Security responsible for providing the employer's insurance company, see. However, section 10 (a). By occupational diseases paid the cost of the labour market occupational disease insurance, see. However, section 10 (a). The same applies in the case of voluntary insurance pursuant to section 48, paragraph 2. Injuries will inform the labour market occupational disease insurance of industry affiliation, taking account of the impacts the nature, intensity and temporal extent. Labour market occupational disease insurance places the cost of an industry. "



16. section 56 (a) is replaced by the following: ' § 56 a. labour market occupational disease insurance can get access to the information about the industry and number of employees in the income register referred to in article 6. section 7 of the law on the income of a directory, which is needed to use for the calculation and collection of the contributions with security persons employers. '



17. In paragraph 77, 1. paragraph shall be added after ' Survivor ': ' without prejudice to article. However, section 10 (a) '.

§ 2

In Act No. 423 of 10. June 2003 on compensation for injured conscripts and others. shall be amended as follows:

1. Pursuant to section 1 shall be inserted:





» section 1 a. anyone who is protected in accordance with this law, regardless of the provision in article 1, paragraph 1, the right to compensation for the consequences of terrorist acts, in accordance with article 3. Penal Code §§ 114 and 114 (a), even if the damage cannot be regarded as a result of service or the relationship, the service has been going under.



(2). The State has recourse against responsible pests of expenses in accordance with paragraph 1. To the extent the State's recourse claim against the offender shall be enforceable in accordance with section 478 of the code, the claim can be recovered in accordance with the rules of the law on the procedure for the recovery of taxes, etc., and by deduction in his or her income in accordance with the rules for the collection of personal taxes in kildeskatteloven. Cold cuts of deduction given by arrears collection authority. '

2. In section 4, 2. paragraph, the words ' when there is a particular reason thereof ' to: ' when the conditions for exemption under section 36, paragraph 1, of the law on workers ' compensation are met '.

§ 3

(1). The law shall enter into force on the day after publication in the Official Gazette.

(2). The law applied to





1) accidents occurring on the commencement date or later, and

2) occupational diseases notified at the commencement date or later.





(3). § 1, nr. 2, have effect for cases to be submitted to the occupational disease Committee on the commencement date or later.

(4). § 1, nr. 6, have effect in cases where injuries have paid compensation and reimbursement amount to the injured or survivors on the commencement date or later.

(5). § 1, nr. 9, has effect for documents sent on the commencement date or later.

(6). § 1, nr. 10, has effect for cases where injuries shall take a decision on the repayment on the commencement date or later.

(7). § 1, nr. 11, has effect for all decisions on the resumption, as taken on the commencement date or later.

(8). § 2, nr. 2, used on





1) accidents occurring on the commencement date or later, and
2) diseases which must be notified at the commencement date or later.





§ 4

A security liability insurance takes can not terminate an insurance due to an increase in the premium, which alone is justified by an increase in costs as a result of this law.

§ 5

The law does not apply to the Faroe Islands and Greenland. § 1 may by Royal Decree put into effect in Greenland with the changes resulting from the special Greenlandic conditions.
Given at Christiansborg Palace, the 18. March 2009 MARGRETHE r./Claus Hjort Frederiksen