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Causality requirement

Applies to compensation before 2016

What does causality mean?

An accident at work or an occupational disease can only be compensated if there is causality between the injury or illness to be compensated and an accident at work or a work-related exposure agent.

In most cases, establishing causality is unproblematic. However, sometimes an assessment of possible causality is a matter of likelihood. In this case, questions such as whether the accident was intense enough and had a suitable mechanism to cause the injury or disease concerned have to be considered. Causality considerations are based on medical knowledge and experience on the emergence mechanism of injuries and diseases.

Only in rare cases can causality be positively established by using medical methods. The usual practice in compensating injuries caused by accidents is to accept likely medical causality between an incident and an injury. In case of occupational diseases, this likelihood requirement is also included in the legislation. Reasons for causality have to be stronger than reasons against causality. A medical likelihood for a certain injury to be caused by the incident is not alone a sufficient basis for compensation.



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