Here you can get information on what an industrial injury is, when and how much you can be paid in compensation and how the compensation will be paid to you.

In what situation can I claim?

You may be entitled to compensation if you have suffered an accident at work or have contracted an occupational disease. The Danish definitions of accidents at work and occupational diseases are:

• Accidents at work are personal injuries caused by an incident or exposure (at work or due to working conditions) that occurs suddenly or within five days of incident or exposure. The personal injury can be physical or mental and can be permanent or temporary. It is not a requirement that the personal injury entails a need for treatment or that the personal injury has been treated.
• Occupational diseases are physical or mental diseases due to the effects of your work or working conditions. Note that an occupational disease in principle is only recognised as an occupational disease if there is a medical, documented causality between the disease and your work or working conditions.

What conditions do I need to meet?

What requirements have to be met for you to be able to receive compensation?

For the recognition of an industrial injury, and therefore for any compensation under the Danish Workers’ Compensation Act, there must be a causality between the work-related accident or exposure and the injury, disease or death.

You find the main criteria for each type of compensation under the Danish Workers' Compensation Act (in Danish).

1. Compensation for permanent injury
A minimum of 5% permanent injury is required.

2. Compensation for permanent loss of earning capacity
A minimum of 15% permanent incapacity due to the injury or disease is required.

3. Compensation for loss of breadwinner

The surviving dependant’s entitlement to compensation for loss of breadwinner depends on an overall assessment that considers the extent of financial support and the surviving dependant’s changes of self-support as well as the person’s age, health status, education, employment and financial situation. Compensation for loss of breadwinner can be granted to the surviving spouse or registered partner and the deceased’s children until the age of 18, or 21 if the children are undertaking an education.

4. Transitional allowance to dependants in case of death

In case of death, a transitional allowance is granted to the dependants (surviving spouse, cohabiting partner or registered partner). The Act requires that the surviving spouse or partner have had been living together with the deceased at the time of death and that they had been married or living together in a marital-like relationship two years prior to be death of the deceased.

5. Expenses reimbursed

Any person with legal residence in Denmark is entitled to medical care according to need. This also apply in the event of an industrial injury. Treatments, aids, rehabilitation etc. related to the work injury or disease that are not covered by the Danish National Health Act or other such schemes may be covered by the Danish Workers’ Compensation Act, if the treatment etc. is necessary to obtain the best possible cure or recovery.

For more information on which types of expenses are covered under the Danish Workers’ Compensation Act read here.

Who has to report the injury?

1. Accidents at work

Your employer is legally bound to report accidents at work to the company’s insurance and to the Danish Working Environment Authority no later than 14 days after the first day of absence, if the accident has resulted in absence from your usual work beyond the day of the injury. Your employer must also report accidents at work that have not resulted in absence, but which might justify a claim for benefits according to the law, no later than 14 days after the day of the injury.

Your employer reports accidents at work electronically through the notification system EASY. If your employer does not report the accident, you can report it yourself. For more information about how to report read here.

2. Occupational diseases

Doctors and dentists are legally bound to notify Labour Market Insurance and the Danish Working Environment Authority if they suspect or have confirmed that a disease is caused by work or working conditions. Diseases are reported electronically through the notification system EES.

If your doctor or dentist does not report the disease, you can report it yourself through the notification system.

By when does the injury have to be reported at the latest?

Accidents at work have to be reported no later than 1 year from the date you or your surviving dependants became aware that the disease must have been deemed to be an occupational disease.

The time limit will be disregarded if there is documentation that you have sustained an industrial injury and that you or your surviving dependants are entitled to compensation as a consequence of the industrial injury.

What am I entitled to and how can I claim?

What are you entitled to?

After an industrial injury, you or your surviving dependants may be entitled to the following types of compensation:

1. compensation for permanent injury;
2. compensation for loss of earning capacity;
3. expenses towards treatment, medicine, aids, etc.;
4. compensation for loss of breadwinner;
5. transitional allowance to dependants at death.

1. Compensation for permanent injury

The Labour Market Insurance will assess your level of permanent injury on the basis of a declaration on the consequences of the injury written by your general practitioner or a medical specialist.

You can use the Labour Market Insurance’s "permanent injury calculator" (in Danish) to calculate what level of compensation you can expect to receive for a particular injury.

Every year, the Minister for Employment regulates the compensation level for permanent injury. In 2023, the compensation for 100% permanent injury is DKK 979,000. This means that if you for example have a 10% permanent injury the compensation will be DKK 97,900 (10% of DKK 979,000).

2. Compensation for loss of earning capacity

Labour Market Insurance calculates your loss of earning capacity in one of two ways:

• as a direct decrease in pay, if you have returned to work, but cannot earn as much as before as a result of your industrial injury;
• based on an assessment of your future opportunities to earn a living, if you have not returned to work.

The specific level of compensation you might be entitled to also depends on other factors such as your income before the injury. You may, for example, have been working full time, part time or in training when the injury occurred. Read more about compensation for loss of earning capacity here.

Compensation for loss of earning capacity under 50% is automatically paid as a lump sum.

Please note that compensation which is paid as a regular (monthly) benefit is liable to tax, unlike compensation which is paid as a lump sum.

3. Expenses towards treatment, medicine, aids, etc.

You are entitled to reimbursement of necessary expenses for:

• treatment while the case is pending;
• medicine;
• tooth injuries;
• medical aids – for instance prostheses, spectacles, or similar aids that you need because of your recognised industrial injury;
• future treatment expenses, medicine, aids, etc.

You are also entitled to reimbursement of necessary expenses in connection with processing of the claim – for instance transport and meals in connection with medical examinations.

For more information on which types of expenses are covered under the Danish Workers’ Compensation Act read here.

For information on expenses not covered read here.

4. For loss of breadwinner

There are various forms of compensation for survivors. Below you can find information on the various types of compensation and see what can be paid to you if you have lost your breadwinner:

• Compensation for spouse/cohabiting partner/registered partner: whole or partial lump-sum compensation if you find it difficult to provide for yourself as a result of the death;
• Compensation for the deceased person's children: payable once a month until you reach the age of 18, or until you are 21 if you are undertaking an education. This also applies if you are an adopted child of the deceased. You may also be entitled to compensation if the deceased person provided for you wholly or partially;
• Special compensation for survivors: lump sum awarded if another person caused the death intentionally or by gross intent.

5. Transitional allowance to dependants in case of death

You can see the current compensation levels for each type of compensation under the Danish Workers’ Compensation Act here.

How and when do you receive your compensation?

It is the insurance company or the Labour Market Insurance that pays the compensation. The money will be paid into your NemKonto account within 5 weeks after the Labour Market Insurance has made a decision on your case and has recognised your illness as an occupational disease. It may take longer if the insurance company or Labour Market Insurance appeals against the Labour Market Insurance’s decision, or if you receive any social security benefits.

You can appeal against any decision Labour Market Insurance has made regarding compensation and recognition of your industrial injury claim. Read more about how to appeal here.

Jargon busters

• Labour Market Insurance is a self-governing, public-law unit, which assesses whether a disease or injury can be recognised as an industrial injury.
• The Occupational Diseases Committee has to ensure that occupational diseases due to work are recognised, even if they are not in the Danish national list of occupational diseases.
• The Social Appeals Board is an independent authority, in the area of social affairs and employment, which assesses appeals.
• The Danish Working Environment Authority supervises, formulates regulations for and guides activities concerning the working environment in Denmark on the basis of the Working Environment Act. It also handles coordination, law- and policy matters and development tasks in relation to workers’ compensation.
• The National Social Appeals Board examines appeals against decisions made by the Danish Working Environment Authority.
• NemKonto. You can choose for yourself which of your bank accounts is to be your NemKonto account. The public authorities will pay into this account.
• Udbetaling Danmark is a public authority which is responsible for payment of a number of public benefits to citizens.

Forms you may need to fill in

• Self-service at lifeindenmark.borger.dk. Here you can:
  • report an accident at work;
  • report an occupational disease;
  • calculate compensation for industrial injuries;
  • view your industrial injury case;
  • appeal against a decision of the Labour Market Insurance.

Know your rights

European Commission publications and website:

• EU Social Security Coordination

Who do you need to contact?

Arbejdsmarkedets Erhvervssikring (Labour Market Insurance)

Kongens Vænge 8
3400 Hillerød
DENMARK
Tel. +45 72206000
E-mail: aes@aes.dk
Website: http://aes.dk/da/English.aspx

Get more information on industrial injuries.

Ankestyrelsen (National Social Appeals Board)
Ankstyrelsen Aalborg
Nytorv 7, 2nd floor, 9000 Aalborg
DENMARK

If PostNord is your postal delivery service please write to:
Ankestyrelsen Aalborg
7998 Statsservice
E-mail: ast@ast.dk mailto:ast@ast.dk

Secure e-mail: sikkermail@ast.dk

Telephone: +45 33411200 Monday to Friday 09.00-15.00

Ankestyrelsen København
Teglholmsgade 3
2450 København SV
DENMARK
E-mail: ast@ast.dk

Secure e-mail: sikkermail@ast.dk

Telephone: +45 33411200 Monday to Friday 09.00-15.00

Arbejdstilsynet (Danish Working Environment Authority)
Landskronagade 33

2100 København Ø
DENMARK
Telephone: +45 70121288, Mondays-Thursdays 8 am to 3 pm, Fridays 8 am to 2 pm
E-mail: at@at.dk

Website: http://amid.dk/en

Beskæftigelsesministeriet (Ministry of Employment)

Holmens Kanal 20
1060 København K
DENMARK
Tel. +45 72205000
E-mail: bm@bm.dk