Executive Order on the Reporting of Accidents pursuant to the Act on Workplace Injury Insurance

Executive Order No. 1629 of 16 December 2016 issued by the Danish Ministry of Employment - unofficial version

Pursuant to Section 35 (2) and Section 82 (3)of the act on workplace injury insurance, c.f. Executive Order no. 278 of 14 March 2013, as amended by Act of Parliament no. 395 of 2 May 2016, it is determined that:

1. This Executive Order shall be applied to the reporting of accidents at work to an insurance company or to the Labour Market’s Industrial Insurance and insurance companies’ transmission of such notifications to the Labour Market’s Industrial Insurance.

2. Accidents at work pursuant to this Executive Order shall be understood as meaning accidents pursuant to Sections 5 and 6 of this Act.

Reporting etc.

3. Any accident at work that is presumed to justify a requirement for services pursuant to this Act must be reported as soon as possible and within 9 days of the actual injury having taken place.

(2) If an accident at work has not been reported pursuant to (1), the injury must be reported no later than five weeks to the day of the injury having taken place if the injured party is not expected to be able to resume the full extent of his or her work by this date.

(3) The Labour Market’s Industrial Insurance must be informed within 48 hours of any deaths that are considered attributable to an accident at work.   The same applies to any deaths that may have occurred at a workplace. This shall also be notified, even if the injury that may have been the cause of death has already been reported pursuant to subsections 1 or 2.

(4) The notification is deemed as received from the time that the notification is registered automatically in the common reporting system, c.f. (5). Reporting is timely when notification thereof has been received by midnight on the day of the deadline. If it is not possible to determine the time of receipt due to problems with the common reporting system or due to other similar problems, the notification will be deemed to have arrived at the time the notification was sent, if reliable information can be obtained about the time of dispatch.

(5) Notification shall be reported digitally via the common reporting system of the Danish Working Environment Authority (WEA) and the Labour Market’s Industrial Insurance, unless notification is made pursuant to (7) or Section 5.

(6) Notification pursuant to Section 5 shall contain the information specified in Annex 1.

(7) If it is necessary for a(n) employer(s) with no CVR (business registry) number to report accidents at work, a form should be used that is available from the website of the Labour Market’s Industrial Insurance.

4. The obligation to report notification is the responsibility of the employer who is charged with the security obligation. The obligation to report notification also applies for instances of work-related violence, threats or other offensive behaviour outside working hours.

(2) Notification does not require the consent of the injured party. However, the injured party may always ask the Labour Market’s Industrial Insurance not to process a case that has been reported pursuant to Sections 3-5.

(3) For persons who are injured at work in the context of private household or during the execution of the private service and for whom there is no security obligation c.f. Section 48 (6) of this Act,  the duty to give notification falls to the employer.

(4) For injured parties who are self-employed and assisting spouses, who have taken out an insurance policy for themselves pursuant to Section 48 (2) of this Act and for persons who have been injured in Denmark while trying to save human life, c.f. Section 4(2) of this Act, notification must be reported by the injured party themselves or his or her survivors.

5. Injured parties or their survivors, pursuant to Section 36 of this Act and within a period of 1 year from the accident at work, may themselves report an accident at work that has not been notified by the employer in accordance with the rules laid down in this Executive Order.

(2) If the injured party or his or her survivors report an accident at work pursuant to (1), a form should be used that can be downloaded from the website of the Labour Market’s Industrial Insurance.

6. Accidents at work must be reported to the insurance company where the insurance cover has been taken out. If no insurance cover has been taken out c.f. Section 4 (2) no. 4, Section 48(5) and (6) and Section 52, the injury must be reported to the Labour Market’s Industrial Insurance.

(2) For the purposes of this Executive Order, insurance company shall be understood as meaning:

  1. an insurance company which offers cover for work accidents pursuant to the Act on Workplace Injury Insurance,
  2. a self-insured municipality or state authority c.f. Section 48(5) of this Act or
  3. an employer who is exempted from obligation to take out insurance cover c.f. Section 88 of this Act.

7. If the injury has occurred abroad and cannot for reasons of practicality be reported via the common reporting system c.f. Section 3 (5), then the notification must be reported to a Danish Consulate, that will immediately forward it to the Labour Market’s Industrial Insurance. Notification must have been reported with the above deadlines.

8. Insurance companies must obtain a medical statement I or other relevant medical information before the case is forwarded to the Labour Market’s Industrial Insurance. The insurance company must obtain this information as soon as possible and, no later than one week from the date of receipt of the notification, must take the initiative in this regard.

(2) (1) is not applicable when:

  1. it is clear that there will be no treatment costs or other compensation pursuant to this Act,
  2. compensation is declined because the person concerned does not have insurance cover in accordance with the law, or
  3. the case has to be sent to the Labour Market’s Industrial Insurance, with a view to deciding other issues pursuant to the Act that do not require medical information.

9. No later than and within three weeks of receipt of the information named in Section 8 (1), the insurance company must forward the notification to the Labour Market’s Industrial Insurance if:

  1. the injury has led to or is likely to cause the death of the injured party,
  2. the consequences of the injury can justify compensation over and above costs for medical treatment and assistive aids, c.f. Section 15 of this Act, or
  3. the injury has led to the injured party not having resumed his or her normal work to its full extent within 5 weeks of the injury taking place.

(2) Section 1 also applies when the conditions are not fulfilled for the case to be recognised as an accident at work after the insurance company’s assessment, including that the injured party is not covered by this Act, that the consequences with compensation entitlements or the death of the injured party was/were not the result of an accident at work, that the accident has occurred during transport between home and the workplace and when the employer’s insurance is not in force.

(3) The ability of the insurance company to take a position on demands made pursuant to Section 15 of this Act is not affected by such transmission.

Digital communication

10. Documents that are to be sent digitally to the insurance company or to the Labour Market’s Industrial Insurance must have a digital signature attached with a security level that corresponds to the current OCES standard or higher.

(2) The insurance company and Labour Market’s Industrial Insurance may decide to process a document that has been sent digitally, even if the document does not have a digital signature attached, c.f. (1).

Dispensation

11. In exceptional circumstances, Labour Market’s Industrial Insurance can grant the employer an exemption from digital reporting and digital communications.

(2) The Labour Market’s Industrial Insurance will rule pursuant to (1) about notifications that are sent to both the Danish Working Environment Authority (WEA) and the Labour Market’s Industrial Insurance, c.f. Section 35 (5) and Section 75 (6) of the Danish Working Environment Act.

(3) Exemption from the obligation to input the notification digitally, c.f. (1), requires that application be made by the employer who is required to input the notification, c.f. Section 4. The application must be made alongside the actual notification. The employer may not be exempted from the obligation to input the notification digitally pursuant to the rules of this Executive Order if the former has access to a computer and the Internet.

(4) An application for dispensation c.f. (3) must be sent together with the notification.  Application for dispensation can be made using a form that is available on the website of the Labour Market’s Industrial Insurance. The form also allows simultaneous reporting of the accident at work.

(5) A dispensation ruling by the Labour Market’s Industrial Insurance can be appealed to the Appeals Board, c.f. Section 44 (1) no.4 of this Act.

Penalty / sanction

12. Failure to give notification pursuant to the rules outlined in Sections1, 3 (1)-(2) and Section 9 (1) is punishable by a fine, c.f. Section 82 (3) of this Act.

(2) Contact to the police in relation to fines is to be made by the Labour Market’s Industrial Insurance.

Entry into force

13. This Executive Order enters into force on 1 January 2017 and applies to accidents that are reported on or after 1 January 2017.

(2) Executive Order no. 733 of 25 June 2010 on the Reporting of Accidents is repealed.

The Ministry of Employment, 16 December 2016

Troels Lund Poulsen / Nanna Møller

Annexes

Annex 1 - Notification of an accident at work pursuant to Section 1 must include the following information, c.f. Section 3(6)