Accident at work in Germany - how to get compensation and pension?

Accident at work in Germany is a sudden event that, for many Poles working abroad, is associated with enormous stress and serious legal and financial consequences. For the injured worker and his or her family, it is a crucial moment. It requires not only a focus on treatment and recovery, but also quick and informed legal action.

In the face of such an event, a number of questions arise:

• What benefits can you count on from the German insurance system?

• Is the employer financially liable for the accident?

• Is it possible to obtain compensation for pain and suffering?

In the following article, we explain what the legal reality is after an accident abroad and what steps the injured party must take to secure his or her future. Accidents cannot be completely eliminated, but with the right knowledge the negative financial consequences can be effectively minimised.

Worth knowing: If you are interested in the topic of delegation, also check out our article on the consequences of the improper posting of workers to Germany and penalties for entrepreneurs.

1. the accident insurance system in Germany (BG) - how does it work?

Every employee legally employed by a German employer is covered by compulsory statutory accident insurance. The institution that administers this scheme is Berufsgenossenschaft (BG). It can be compared to the Polish Social Insurance Institution (ZUS), with the difference that BG is an institution specialised exclusively in accidents at work and occupational diseases.

Although BG are the main pillars of the system, the insurance structure is more complex. The whole is supervised by:

Deutsche Gesetzliche Unfallversicherung (DGUV)

This is the German Statutory Accident Insurance Institution - the central association of all entities, including the professional insurance companies (Berufsgenossenschaften) and the public sector accident funds (Unfallkassen).

What benefits can an injured worker count on?

If you have suffered an accident at work in Germany, the BG system offers an extensive package of assistance:

• Coverage of treatment and rehabilitation costs (including specialised therapies).

• Accident pension, if the permanent impairment exceeds 20%.

• Nursing benefits (Pflegegeld) - in the event of the need for third-party care.

• Reimbursement of lost income during the treatment period (so-called. Übergangsgeld).

• Family benefits in the event of the death of the employee (survivor's pension).

Important note: BG decisions on the award of pensions or the amount of pensions are not final. You have the right to appeal them and to request a reassessment of your condition, which often leads to an increase in benefits.

2. employer's liability - can compensation be claimed?

German social law (precisely § 104 and § 105 SGB VII) is based on the principle of exclusions of employers' liability, if the employee is covered by BG insurance. What does this mean in practice? In standard cases, the injured party cannot claim compensation directly from the company - all benefits are paid by the insurance company (BG).

However, there are key exceptions, which open the way to high civil compensation.

When does the employer pay out of its own pocket?

The employer's liability is restored in two situations:

1. When the employer acted intentionally.

2. When an employer has committed gross negligence (gross Fahrlässigkeit).

If the employer's fault can be proven (e.g. violation of health and safety regulations, faulty equipment), the employee can claim additional benefits that are not covered by BG, such as:

• Compensation for non-material damage, pain and suffering (Schmerzensgeld).

• Full compensation (Schadensersatz) covering the difference between earnings and sickness benefit and other costs.

For those working in Germany: If your child lives in Poland, be sure to check the information on Kindergeld benefit and what you need to know when working abroad.

3. Accident at a construction site in Germany - Case Study

To illustrate how the struggle for compensation in Germany, we will use the example of a case handled by our law firm.

Situation:

A Polish worker was crushed by a heavy building slab. The post-accident report and the police note clearly indicated that the equipment used at the construction site was heavily used and did not have up-to-date technical inspections.

Our activities:

Although the client received a standard pension from BG and benefits from the Polish Social Insurance Institution, we did not stop there. We took the following steps:

1. Call for payment: We have written to the employer demanding redress for gross negligence.

2. Pension verification: We applied for a recalculation of the accident pension, which resulted in an increase.

3. Expert opinion: We gathered full technical documentation and appointed an expert who confirmed that the equipment was defective.

4. Process preparation: We have secured the evidence necessary for possible civil proceedings before a German court.

Result: Thanks to the comprehensive approach, the client not only obtained a higher pension, but also opened the way to a one-off compensation for the harm suffered.

4. what should the injured worker do? List of steps

If you happen to work accident in Germany, time works against you. Here's what you need to do to secure your claim:

1. Gather documentation: The post-accident report, police notes, medical records from the hospital and BG decisions are the most important.

2. Do not sign anything without consultation: Employers often try to plant documents waiving claims.

3. Consult a lawyer: Verification of whether the accident was due to the negligence of the employer or the fault of another employee is crucial.

Remember that BG benefits are often only the basis. When it comes to faulty equipment or failure to comply with health and safety rules, there is a real chance of pursuing civil claims, which can be for much higher amounts.

Do you need legal assistance after an accident?

Do you have questions about procedures in Germany? Do you want to check whether you are entitled to a higher pension or pain compensation?

Contact us now. We will help you complete your documents, analyse your legal situation and guide you through the entire compensation process - step by step.