[New insurance conditions in general accident insurance].
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In legal and private accident insurance you can find a distinction between "accident" and "results of an accident". In the system of the AUB (general terms of accident insurance) the insurant's injury is a notional part of the accident, which has been criticized by some medical experts. In fact, this distinction could entail different meanings and interpretations of the term "results of an accident", especially in section 10.1 AUB. In the author's point of view, section 10.1 AUB is applicable whenever different factors due and not due to the accident combine to produce the injury or the further damage (e.g. death, disablement).
In the five eastern federal districts of Germany the condition for organizing treatment forms of the Social Insurance for Occupational Accidents were different. In 1990 qualification of traumatologic surgeons demonstrated intensive standards and similarly positions as western Germany. On the other hand we have miserable buildings for patients and poor equipment. After two years the development of statutory accident insurance is respectable. The present situation reflects very good co-operation between western and eastern institutions, to remove some insufficiencies and to establish a sure territorial system for medical treatment.
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On the Swiss market there exist various different accident insurance schemes and systems. Private accident insurance which is offered by the private insurers, date back to the middle of the 19th century. Since 1912 accident insurance is compulsory for all employees working in particularly dangerous industries, since 1984 it covers all employees in the country. In Switzerland there exists no general compulsory accident insurance. To perform as insurance carriers are qualified: private insurance companies, the Swiss Accident Insurance Company, and a number of the social health (sickness) insurers. Depending on the insurance system there are different approaches to renumerate the health costs. In the various social insurance systems the patient is rather free to chose his doctor and hospital (among those who have a contract with the insurer); in private insurance he is completely free. Yet the billing systems and the applicable rates and tarifs differ considerably. There are trends to simplify these systems and bring them more into mutual accordance. Due to the important rise of the health costs in Switzerland, there exists the danger that possible simplifications will bring about more public influence yet less private initiative and less incentives to really control costs without lessening the patients' possibilities.
According to the Swiss Federal Accident Insurance Law, the Swiss National Accident Insurance Company (Suva) is responsible for the prevention of occupational disease in all Swiss industries. In the Suva medical division, a special group concerned with occupational medicine ensures that these measures are implemented. It first of all organizes and supervises preliminary check-ups and follow-up examinations and then may also exclude endangered employees from their present activity. Such employees are entitled to free advice and in certain cases may qualify for interim daily allowances.
According to the provisions of private accident insurance, mental or psychic reactions are excluded from compensation. Until now, tinnitus was taken as fully psychic and therefore excluded. In two recently published judgments of the Federal Supreme Court in Germany the assessment of tinnitus in private accident insurance and particularly the exclusion clause section sign 2 Abs. 4 AUB 88 has been newly defined. According to this actual jurisdiction the compensation of tinnitus could be possible, when as physical underlying reason a proved harm in the inner ear or the auditory pathway (hearing loss), which can be traced back to the accident according to the rules of causality. This leads to the question how Tinnitus could be compensated without modification of the general terms and conditions of the private accident insurance. A compensating table is proposed, which recognizes the somatic (physical) part of tinnitus and is based on medical and scientific findings of the relation between hearing loss and tinnitus.
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In private accident insurance, a degree of disability established for the insured and the insuring party for the first time in a binding manner, cannot be established as a new fact if more than 3 years have elapsed since the accident occurred. In private accident insurance for children, the right to confirm the disability as a new fact, is limited to a period of 5 years, but not beyond the age of 18. If post-traumatic disturbances in young children (following injuries of the epiphyseal cartilage, bone and articular infections etc..) do not supply sufficient pointers towards the possible or probable findings at the termination of growth, the physician writing the expertise should draw attention to this fact and should state that as far as the medical situation is concerned, determination of the first occurrence cannot be made now and is possible at the stage of termination of growth only.
The oldest known private accident insurance is recorded in the maritime law of Wisby of 1541. Defoe is the first to propose a compensation scale for loss of limbs in the 17th century. It is taken over in a modified character by all insurance companies being founded in Europe and North America since 1850. The structure of the present insurance conditions originates in the conditions of 1920. Since then the loss of the right and left upper limb is rated equally. The compensation scale is changed again in 1961, the loss of extremities is valued higher and the loss of sense of smelling and tasting is considered.
After our compulsory accident insurance was reorganized, all employees and workers of Switzerland have been insured against accidents and occupational diseases since the beginning of 1984. The federal law on accident insurance prescribes also homogeneous statistics and SUVA has to run this task. The data thus gained are important for the Swiss health statistics and make it possible to set forth on a broader basis the work begun by SUVA under the previous law. The essay reviews object, organization and use of the data as well as the various aspects of data protection.
In the private accident insurance practice eye damage has to be judged on specifications in the insurance policy. To explain this specifications important for an experts opinion are shown below.
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