New Act to ease the concept of ”industrial accident” has been passed

A new Act to amend the concept of industrial accidents to also cover ”temporary” injuries has now been passed by the Danish Parliament.

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Previously this year, the Danish Minister for Employment introduced a Bill to amend the Danish Workers’ Compensation Act for the purpose of, among other things, easing the requirements for when an injury can be recognised as an industrial injury. The Danish Parliament has now passed the new Act without amendments.

The reason for easing the concept of industrial accidents is – according to the legislative material – the Danish Ministry of Employment’s assessment that the injury concept had become too narrow in practice. Current practice is that injuries not requiring treatment to heal, pass or be reduced cannot be recognised as industrial injuries.

The new Act therefore specifically sets out that ”temporary” injuries may also be recognised as industrial accidents.

According to the legislative material, a ”temporary” injury means an injury which does not necessarily require treatment to heal or pass. Examples include a wound, strain or minor psychological reaction healing or passing by itself within a short period of time. The decisive factor as to whether the injury can be characterised as temporary is, pursuant to the legislative material, if the injury has psychological or physical consequences ”which in any way affect the general condition or daily life of the injured person either on a temporary or permanent basis”.

The new Act comes into force on 1 January 2020. Thus, the easing of the concept of industrial accidents does not apply to cases concerning accidents occurring before this date.

The content of the above is not, and should not be a substitute for legal advice.

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