When you are insured
The Workers’ Compensation Act (TyTAL) has provisions on the persons (scope of application regarding individuals) and, on the other hand, to the locations of work to which the Act applies (territorial scope of application). In order to resolve whether the employer is obliged to provide insurance cover, or whether a person is covered by the compulsory workers’ compensation insurance, both the individual and the territorial scope are assessed separately. Each precondition must be met.
The basic rule is that the compulsory insurance applies to work performed in employment and public service relationships. An employment relationship refers to the relationship defined in the Employment Contracts Act.
Those working in leading positions are also covered by the compulsory insurance if their shareholding does not exceed the percentage thresholds provided in the Act. These thresholds are the same as those applicable to the employee’s and the self-employed person’s earnings-related pension insurance.
The compulsory insurance also covers the self-employed person’s family members who live in the same household with the self-employed person, provided that they work for the self-employed person in an employment relationship.
The employer must take out an insurance policy if the wages and salaries paid for the work commissioned in a calendar year exceed 1,300 euros (1,200 euros in 2018). The timing of the payment is irrelevant. The meeting of the threshold depends on the employer: all work commissioned by the employer during the calendar year is taken into account and the wages and salaries paid, or agreed to be paid, are totalled. The insurance must be taken out before the work starts, and the employer is liable for paying the insurance premium.
A self-employed person who does not have to take out a compulsory insurance policy but who has a self-employed person’s pension insurance can take out a voluntary insurance policy under TyTAL against accidents occurring in self-employment (self-employed person’s voluntary working hours insurance).
However, an employee always has the right to receive compensation in case of an occupational accident or disease. If the employer does not have to, or has neglected to, take out an insurance, the claim is processed and the compensation paid by the Workers’ Compensation Center (TVK).
Farmers and grant recipients
The Workers’ Compensation Act does not apply to farmers and grant recipients, as they are covered by the Farmers' Accident Insurance Act (maatalousyrittäjän työtapaturma- ja ammattitautilaki 873/2015). For further information about this Act, see the Insurance Handbook and the Farmers’ Social Insurance Institution, Mela (www.mela.fi).
The Workers’ Compensation Act does not apply to sports. Provisions on athletes’ insurance cover are laid down in the Act on athletes’ accident and pension cover (laki urheilijoiden tapaturma- ja eläketurvasta 276/2009).
Provisions for accidents that occur in practical assignments, such as internships, undertaken by students are laid down in the Act on compensation for injury or illness occurred in education-related conditions comparable to work (laki opiskeluun liittyvissä työhön rinnastettavissa olosuhteissa syntyneen vamman tai sairauden korvaamisesta 460/2015). This Act also applies to persons engaged in labour market training. The Insurance Handbook provides further information on the compensable conditions in which claim events may occur.
Persons in vocational rehabilitation
Persons who undertake vocational rehabilitation must be insured under TyTAL against claim events occurring during work and training trials, job coaching and work experience placements included that are part of the rehabilitation. The insured person will have the same cover if the vocational rehabilitation is compensated by the Treasury. An authorised pension provider who pays for the cost of vocational rehabilitation compensation under the earnings-related pension acts is also liable for insuring the person engaged in rehabilitation under TyTAL.
Persons residing in institutions
Under the Act on accident compensation for persons in certain penal, welfare and nursing institutions (laki eräisiin rangaistus-, huolto- ja hoitolaitoksiin otettujen henkilöiden tapaturmakorvauksesta 894/1946), individuals residing in welfare and penal institutions must be insured against accidents occurring during work that makes up a part of the care programme.
Provisions in acts pertaining to certain groups of people impose obligations to take out an insurance for these individuals in compliance with the Workers’ Compensation Act. Information on these groups of people and the acts applicable to them is provided on the page about insurances based on other legislation.
In addition, several acts refer to compensation for accidents payable under the Workers’ Compensation Act. Such acts include the Rescue Act and the Police Act. Legislation applicable to accidents and illnesses occurring during the work undertaken by conscripts and crisis management personnel largely determines the compensation in a similar manner to that provided in the Workers’ Compensation Act. In such cases, the compensations are paid by the Treasury. For further information, see the Insurance Handbook.
Insurance Handbook, pdf document (in Finnish)