Order on Payment for the Administration by the Labour Market Insurance and Appeals Agency of Matters Covered by the Work Injury Insurance Act

Order on Payment for the Administration by the Labour Market Insurance and Appeals Agency of Matters Covered by the Work Injury Insurance Act

Pursuant to Section 59, subsection 5, first sentence, of the Act on Work Injury Insurance, cf. Consolidation Act No. 919 of 25 June 2024, and after consultation with the Minister for Social Affairs and Housing, the following is enacted:

Chapter 1 Payment for the Administration by the Labour Market Insurance Agency

Section 1. Payment is made for the Labour Market Insurance Agency's handling of cases that, pursuant to Section 2 of the Act on the Self-Governing Institution Labour Market Insurance or other legislation, are assigned to the Labour Market Insurance Agency.

Subsection 2. Payment is also made for the Labour Market Insurance Agency's handling of cases under previous legislation, cf. Section 2, subsection 2, of the Act on the Labour Market Insurance Agency.

Subsection 3. Cases assigned to the Labour Market Insurance Agency under other legislation also include cases regarding compensation and reimbursement under public compensation schemes, etc., which do not have their basis in the Work Injury Insurance Act, and which, pursuant to law or agreement with a public authority, are handled by the Labour Market Insurance Agency.

Cases of Reported Work Accidents

Section 2. The administration and handling by the Labour Market Insurance Agency of cases regarding reported accidents are paid for by the insurance company that, pursuant to Section 48, subsection 4, and Section 50 of the Work Injury Insurance Act, has taken out work accident insurance for the insured employer or for the voluntarily insured self-employed person or working spouse, cf. Section 49, subsection 1, first and third sentences, of the Work Injury Insurance Act.

Subsection 2. Self-insured public authorities, cf. Section 48, subsection 5, of the Work Injury Insurance Act, pay for the handling of cases concerning them.

Subsection 3. For state institutions, the payment obligation, cf. subsection 2, lies with the respective ministerial area. The relevant minister may distribute the costs among the individual institutions.

Subsection 4. For municipalities and regions that have chosen not to take out work accident insurance, the payment obligation, cf. subsection 2, lies with the municipality or region that has the overall responsibility for the institution where the reported work accident occurred.

Subsection 5. Agencies and others who administer the policies on behalf of the insurance company, self-insured employers pursuant to Section 88, second sentence, of the Work Injury Insurance Act, and authorities who, pursuant to Sections 4-7 of this Order, must pay for the handling of cases regarding compensation schemes handled in the Labour Market Insurance Agency and the Appeals Agency, are equated with an insurance company in this Order and are thus obligated to pay under this Order.

Subsection 6. The Guarantee Fund for Property Insurance Companies pays for the handling of cases concerning the guarantee fund, cf. Section 5c in the Act on a Guarantee Fund for Property Insurance Companies.

Cases of Reported Occupational Diseases

Section 3. The administration and handling by the Labour Market Insurance Agency of cases regarding reported occupational diseases are paid for by contributions that the Labour Market Insurance Agency has collected pursuant to Section 55 of the Work Injury Insurance Act to finance expenses for occupational diseases, cf. Section 49, subsection 1, second sentence, and Section 58b of the Work Injury Insurance Act.

Other Cases

Section 4. The rules in Section 48, subsection 6, third sentence, and Section 52, subsections 4 and 5, of the Work Injury Insurance Act regarding the distribution of expenses for compensation also apply to the payment for the handling of cases covered by these provisions. Payment for the administration of reported cases of accidents concerning persons who are not covered by the insured group of persons, and for whom no insured employer can be identified pursuant to Chapter 9 of the Work Injury Insurance Act, is also distributed according to the same rules. The same applies to payment for the Labour Market Insurance Agency's handling of payments resulting from violent injuries, cf. Section 49b, subsection 6, of the Work Injury Insurance Act.

Subsection 2. The administration of cases regarding occupational diseases pursuant to Section 49, subsection 4, of the Work Injury Insurance Act is paid for by the Labour Market Insurance Agency from contributions pursuant to Section 55 of the Work Injury Insurance Act. The Labour Market Insurance Agency allocates the administrative expense to the industry group that must pay any compensation in the cases.

Section 5. Payment for the handling of cases regarding accidents arising during the exercise of civil or municipal ombudsman duties, cf. Section 4, subsection 2, no. 1, of the Work Injury Insurance Act, is paid by the state or municipal authority to which the ombudsman relates. The Labour Market Insurance Agency pays for cases regarding occupational diseases arising during the exercise of civil or municipal ombudsman duties, cf. Section 4, subsection 2, no. 1, of the Work Injury Insurance Act, from contributions pursuant to Section 55 of the Work Injury Insurance Act.

Subsection 2. The Ministry of Employment pays for the handling of cases regarding accidents arising during attempts to save human life, cf. Section 4, subsection 2, no. 4, of the Work Injury Insurance Act. The Labour Market Insurance Agency pays for the handling of cases regarding occupational diseases arising during attempts to save human life, cf. Section 4, subsection 2, no. 4, of the Work Injury Insurance Act, from contributions pursuant to Section 55 of the Work Injury Insurance Act.

Subsection 3. The Ministry of Employment pays for the handling of cases regarding accidents that are a consequence of work-related vaccinations against COVID-19 administered in the period from 27 December 2020 to 31 December 2022, cf. Section 49, subsection 9, of the Work Injury Insurance Act.

Section 6. Payment for the handling of cases regarding injuries caused by terrorism pursuant to Section 10a, subsection 1, of the Work Injury Insurance Act is paid by the state, cf. Section 10a, subsection 2, of the Work Injury Insurance Act.

Subsection 2. Payment for the handling of cases regarding injuries covered by Section 10a, subsection 3, of the Work Injury Insurance Act is paid, in cases of occupational diseases, by the Labour Market Insurance Agency from contributions, cf. Section 55 of the Work Injury Insurance Act, and in cases of accidents, by the insurance company, etc., that, pursuant to Section 10a, subsection 3, of the Work Injury Insurance Act, must bear the expenses for accidents.

Subsection 3. Payment for the handling of cases covered by Section 10a, subsection 4, of the Work Injury Insurance Act is paid by the authority, etc., that must bear the expenses for the work injury, cf. Section 7.

Section 7. Payment for the handling of cases under the remaining public compensation schemes, etc., administered in the Labour Market Insurance Agency, cf. Section 2 of the Act on the Labour Market Insurance Agency, and which refer wholly or partly to the Work Injury Insurance Act, is governed by the following rules:

1. The Ministry of Defence pays for the handling of cases under the Act on Compensation for Injured Conscripts, etc., cf. Consolidation Act No. 284 of 14 March 2013. However, the Ministry of Foreign Affairs pays for the handling of cases concerning this group of persons during the execution of assistance work in developing countries.

2. The Ministry of Justice pays for the handling of cases regarding inmates in institutions of the Danish Prison and Probation Service.

3. The Ministry of Children and Education pays for the handling of cases regarding participants, students, and those seeking educational and vocational guidance who are covered by the special compensation schemes established pursuant to law or text annotation in the area of the Ministry of Children and Education, cf. Order No. 1263 of 2 December 2019 on Work Injury Insurance for Students, etc. Section 3, nos. 1-5, and no. 7, unless the injured party is insured pursuant to Section 2 of the Work Injury Insurance Act.

4. The Ministry of Health and Older People pays for the handling of cases regarding vaccination injuries and donor injuries.

5. The Ministry of Higher Education and Science pays for the handling of cases covered by the Act on Maritime Education, cf. Consolidation Act No. 691 of 11 June 2024, unless the injured party is insured pursuant to Section 2 of the Work Injury Insurance Act.

6. The Job Centres pay for the handling of cases regarding persons covered by Section 6, no. 1, of the Act on Active Employment Measures, cf. Act No. 280 of 1 March 2024.

7. The Municipality pays for the handling of cases regarding persons covered by Section 6, nos. 2, 3, 6, 9, and 10, of the Act on Active Employment Measures, cf. Act No. 280 of 1 March 2024.

8. The Municipality pays for the handling of cases regarding children and young people in residential care pursuant to the Act on Social Service, cf. Order No. 565 of 30 May 2024 on Insurance under the Work Injury Insurance Act for Persons in Residential Care pursuant to the Act on Social Service.

9. The employing state authority pays for the handling of cases under Act No. 336 of 2 April 2014 on Compensation and Reimbursement to Formerly Deployed Soldiers and Other State Employees with Late-Diagnosed Post-Traumatic Stress Disorder.

10. The municipality responsible for the child or young person pursuant to the Act on Combating Juvenile Delinquency pays for the handling of cases regarding compensation and reimbursement to children and young people for injuries sustained during the execution of immediate reactions, cf. the Act on Combating Juvenile Delinquency and Order No. 1195 of 25 August 2022 on Compensation and Reimbursement to Children and Young People for Injuries Sustained During the Execution of Immediate Reactions.

Subsection 2. The payment is levied on the ministry under whose jurisdiction the activity covered by the compensation scheme falls, regardless of whether this is performed by a private institution. The relevant minister may distribute the payment among the individual institutions.

Collection of Payment for Case Handling

Section 8. Payment for the Labour Market Insurance Agency's case handling is calculated based on a tariff per reported case. Payment is made for both initial reports and for reopenings and for the revisions of already decided cases set by the Labour Market Insurance Agency.

Subsection 2. The Minister for Employment announces the size of the tariffs once a year, upon proposal from the board of the Labour Market Insurance Agency.

Subsection 3. The Labour Market Insurance Agency collects the tariffs no later than in February each year from all those obligated to pay, cf. Sections 2-3, in the form of an advance payment. The advance payment is calculated based on a realistic estimate of the individual obligated party's expected reports of work injuries or injuries covered by Sections 4-6 in the relevant year. The payment deadline is at least 14 days.

Subsection 4. Simultaneously with the collection of the advance payment, the Labour Market Insurance Agency adjusts for too much or too little advance payment for the previous year based on the actual number of reports concerning the individual obligated party. The Labour Market Insurance Agency may, as part of this adjustment, collect payment for reported cases from insurance companies that have begun to operate work accident insurance in the previous year.

Subsection 5. The notification of collection must contain a specification of the advance payment and the adjustment, cf. subsections 3 and 4.

Subsection 6. The Labour Market Insurance Agency sends a list to each obligated party in January with an account of the reports from the previous year. The account forms the basis for the adjustment. Any objections to the account must be received by the Labour Market Insurance Agency within 3 weeks from the recipient's receipt. If any objections are not resolved before the collection, the relevant reports will be included in the following year's adjustment.

Chapter 2 Payment for the Administration by the Appeals Agency

Section 9. The rules in Sections 1-7 apply mutatis mutandis to the Appeals Agency's handling of work injury cases.

Determination of Payment

Section 10. Payment for the Appeals Agency's administration is calculated based on a tariff per partial decision. The Appeals Agency collects payment for each partial decision.

Subsection 2. The Minister for Employment announces the size of the tariff once a year, upon proposal from the board of the Labour Market Insurance Agency, including after consultation with the Minister for Social Affairs and Housing as far as the Appeals Agency's tariff is concerned.

Subsection 3. The Appeals Agency collects the tariff once a year in the form of an advance payment from all those obligated to pay. The advance payment is calculated based on the number of partial decisions in the previous calendar year and an estimate of the total number of partial decisions in the current year. No advance payment is collected if the total number of partial decisions in the previous year was three or fewer.

Subsection 4. Simultaneously with the collection of the advance payment, the Appeals Agency adjusts for too much or too little advance payment for the previous year based on the actual number of partial decisions for the obligated parties. As part of the adjustment, the Appeals Agency sends a list to the obligated parties by the end of April with an account of the actual number of partial decisions from the previous year. Any objections to the account must, unless the Appeals Agency states otherwise in connection with the distribution, be received by the Appeals Agency no later than 3 weeks from receipt of the list.

Subsection 5. The Appeals Agency collects the advance payment and adjustment for the previous year by the end of June. The payment deadline is at least 3 weeks.

Chapter 3 Entry into Force and Transitional Provisions

Section 11. This Order enters into force on 1 January 2025.

Subsection 2. Section 7, subsection 1, no. 10, does not apply to injuries that occurred before 1 September 2022.

Subsection 3. Order No. 1348 of 27 November 2023 on Payment for the Administration by the Labour Market Insurance Agency and the Appeals Agency of Matters Covered by the Act on Work Injury Insurance, etc., is repealed.

The Ministry of Employment, 27 November 2024

Ane Halsboe-Jørgensen / Lotte Manniche Groth-Andersen