Law Amending The Law On Workers ' Compensation (Limitation Of Claims For Compensation By Occupational Disease And To Issue Administrative Fine Present, Etc.)

Original Language Title: Lov om ændring af lov om arbejdsskadesikring(Forældelse af krav på erstatning ved erhvervssygdom og mulighed for at udstede administrative bødeforelæg m.v.)

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Law amending the law on workers ' compensation

(Limitation of claims for compensation by occupational disease and to issue administrative fine present, 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. 848 of 7. September 2009, as amended, inter alia, by section 3 of Act No. 1272 of 16. December 2009 and at the latest by the § 19 of the lov nr. 326 of 11. April 2012, shall be amended as follows: 1. In section 9, paragraph 4, shall be inserted after ' rules of procedure ': ', including rules about the Committee's options and publication thereof '.

2. In article 34, paragraph 5, 2. paragraph shall be added after ' diagnoses ': ' and information '.

3. In article 48, paragraph 5, 1. paragraph, shall be inserted after ' the State, ': ', ' the people's Church.

4. section 81, paragraph 2, shall be repealed, and replaced by: ' (2). The request can quantify the value of compensation after injuries this law to be used for the calculation of claims for compensation in accordance with the Compensation Act.

(3). For opinions and statements referred to in paragraph 1 in accordance with paragraph 2 shall be paid an amount determined by the workers ' compensation Agency's Director '.

5. In section 82 shall be inserted after paragraph 3 as a new paragraph: "(4). There can by measurement of penalty for violation of paragraphs 1 to 3, the emphasis is on what economic gains that have been achieved or tried obtained by the breach in question. '

Paragraph 4 becomes paragraph 5.

6. Under section 82 shall be inserted: ' § 82 a. violation of § 82 injuries in a fine present may indicate that the case can be settled without trial, if the person who committed the offence, pleads guilty in the infringement and declare their readiness to within a specified time limit to pay a penalty as specified in bødeforelægget.

(2). Code of civil procedure rules on the requirements for the contents of an indictment and that a term is not obliged to give an opinion, shall apply mutatis mutandis to fine present in accordance with paragraph 1.

(3). Adoption of the fine, the further proceedings.

(4). Injuries can get access to information on wage payments in the income register from employers, who are required to use for the treatment of cases in accordance with paragraph 1. '

§ 2 paragraph 1. The law shall enter into force on the 1. July 2012, see. However, paragraph 2.

(2). § 3 shall enter into force on the 1. January 2013.

(3). § 3 shall apply to claims, who notified the 1. January 2011 or later, and for damages, which requested the resumption of the 1. January 2013 or later. Expenditure in these cases to be funded in 2011 and 2012 by injuries.

(4). Labour market occupational disease insurance reimbursed workers ' compensation Agency's expenditure of claims notified in 2011 and 2012 and subject to section 3 of the Act. Labour market occupational disease insurance workers ' compensation Agency's expenses shall be reimbursed in addition in 2011 and 2012 for damages and compensation to survivors of injured who have died as a result of occupational illnesses declared in the period from the 1. January 2011 to the 12. May 2011. Reparation and compensation to the bereaved after 2. point represents the amount that the injured would have been entitled to while still alive. Labour market occupational disease insurance by 2013 can collect contributions from employers, see. section 55 in workers ' Compensation Insurance Act, due expenses according to this law in 2011 and 2012.

(5). § 1, nr. 1, shall only apply in cases being treated in occupational disease Committee after the entry into force of the Act.

(6). § 1, nr. 2, shall only apply in cases where injuries receives notification pursuant to section 34 (5) of the workers ' compensation insurance law from the health protection agency after the entry into force of the Act.

(7). § 1, nr. 4, shall only apply in cases where injuries receives the request after the entry into force of the Act.

§ 3 paragraph 1. Workers ' compensation insurance act shall apply to claims relating to compensation or remuneration in respect of an occupational disease, see. section 7 of the national security law, which is out of date before 1 January 2002. January 2008, so that the question of the limitation period should be decided according to the rules applicable after the commencement of this regulation. However, paragraphs 3 and 4.

(2). Have injuries before the 1. January 2008 announced that a notified occupational disease cannot be recognised because of obsolescence, the case can be reopened, although there has been more than 5 years from workers ' compensation Agency's decision.

(3). For claims within the scope of paragraphs 1 and 2 shall be counted time limit in workers ' compensation insurance section 36, paragraph 3, the earliest from the entry into force of this law.

(4). Paragraphs 1 and 2 shall not apply to injured, there is compensation or remuneration for text annotation nr. 129 to the finance bill for 2009 ad § 17. Paragraphs 1 and 2 shall apply in these cases, where injuries have not taken a decision on compensation and reimbursement in accordance with Chapter 4 of the workers ' compensation insurance law at the time of the entry into force of the Act.

section 4 of the Act does not apply to the Faroe Islands and Greenland.

Given at Amalienborg, the 23. may 2012 Under Our Royal hand and Seal MARGRETHE r./Faam