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What your Berufsgenossenschaft can do for you

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Hi,

I had an accident at work in November, and am still sufferring from it.

After a massage session last week I literally collapsed, and when I came round I was in a lot of pain.

My Doctor agrees with me and sees a direct link to the accident and sent me to the hospital yesterday to make sure that everything was written in my file.

I am written off sick next week and have to go for various tests and stuff.

I´ve been wondering what exactly my rights are in this case, as I simply do not understand the concept of "berufsgenossenschaft" at all - can anybody out there help me please?

Thanks!

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If its a reoccurring thing the you may get a monthly balance but if you are looking for compensation then you have no chance.A guy at work lost his thumb and got nothing.When he was on the sick the Berufsgenossenschaft always paid him his full wage.I know of a really good lawyer that overs working law if you need one P.M. me.Without one you are going to get nowhere.What you could get out of it is a re training inf you can prove that you cannot do your job anymore.Be prepared for a long fight here the insurances just do not love paying out.

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Since you had an accident at work, the normal rules do not apply. Your Krankenkasse doesn't pay for the treatment you needed, or still need. Your company has its own health insurance for work-related accidents etc. This policy is administered by the Berufsgenossenshaft. You don't deal directly with your company's health insurance provider in this case - the Berufsgenossenschaft does, and they in turn sort out affairs with a KK on your behalf.

I had a work related accident a few years ago, and that's my understanding...

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aha! so my Krankenkasse has nothing to do with it.

Now I understand why my Doc sent me to the hospital agaiin - I had to wait for two hours to see anybody - it was almost up to British standard!

My Doc reall has been very good - he phones me regularly at the mo to see if I´m okay.

Still don´t really understand WHY there is a BG - just seems to complicate matters in my opinion...

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The Berufsgenossenschaft is a mandatory employers liability insurance, but as I understand it, not for every branch, although most are covered. So first of all you need to know if your branch or trade is covered, and secondly whether you are covered. They are renowned for not honouring claims, despite medical and other evidence, so it would be advisable to speak with your Gewerkschaft (trade union), Betriebsrat (works council) or a lawyer, in that order.

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The German law is that from the moment you leave your front door on the way to work

until the moment you arrive back - any accident related injuries treatments are paid for by the employer.

(This is unless you do any other activities on the way there or back - hence you will be often be

questioned about this). You have an absolute right to have all medical expenses refunded by the employer

(who usually uses an insurance co, or genossenschaft).

The moment an employer knows you have lawyer behind you, any messing about will stop.

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I would check the latest situation about cover on the way to and from work. I remember listening to a radio report last year where this was overturned by a court and the principle of "factory gates" applied instead. The court ruled that it was unreasonable to expect the employer to be responsible for "private" travel and that liability should only arise once the place of work was reached. Unfortunately I can't remember if it was a state or federal court or if it was seen as a precedent setting judgement.

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No its called Wege Unfall.You are covered by the Berufsgenossenschaften or employers insurance when travelling to and from work.However if you take any major diversion and not the direct route home or to work you are not covered

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My husband recently had an accident at work. A large metal ceiling panel fell onto his head. He was unconscious for a short time.  Luckily a colleague witnessed the incident and was able to get the company doctor to him quickly and he was then taken to hospital.  He was admitted for 2 days for tests and observation.

 

I understand that compensation isn't the norm in Germany though how do things work over a longer period with the BG?  He went back to work for a week and has since had various recurring problems and has now again been referred for more tests....CT initially and likely an MRT...plus others.  

 

How limited is full pay over the BG? His doctor suggested that he should take a number of weeks off work for further tests and likely better recovery. 

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If you have an accident at work or on your way to work or from work to your home, you have to inform the BG as soon as possible. Did your husband inform the BG? They should pay all his medical bills and salary.

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2 hours ago, emkay said:

 

I understand that compensation isn't the norm in Germany though how do things work over a longer period with the BG?

 

What exactly do you mean by "compensation"?

 

2 hours ago, emkay said:

How limited is full pay over the BG? 

 

There is no full pay over the BG – the first six weeks off sick are covered by 'Lohnfortzahlung', full pay by the employer. From week 7 on Krankenkasse ('Krankengeld') or BG take over. In your husbands case it's the BG (were they informed immediately?) and they pay 'Verletztengeld' - but that's 80% of gross salary until week 78. 

 

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We were actually discussing this last evening...

 

one of the fellas said once the BG have paid out, you have absolutely no come back for further damages related to the injury thats been payed out on...

 

I do not know if thats true or just typical Juergen Horseshite..

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Thank you all for your replies.  Yes, the BG were immediately informed. My husband was told that the BG paid an extended period of full pay. We very much hope that there's no lasting effect and that he'll be back to work soon before we have to worry about less pay.  

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