Best Work Injury Lawyers in Arlesheim

About Work Injury Law in Arlesheim, Switzerland

Work injury cases in Arlesheim are governed primarily by Swiss federal law, not by municipal rules. Arlesheim is in the Canton of Basel-Landschaft, so claims and disputes are handled under the Swiss Accident Insurance Act UVG-LAA and the general social insurance framework ATSG-LPGA. Most employees are mandatorily insured for occupational accidents and occupational diseases, and if they work at least 8 hours per week for the same employer they are also insured for non-occupational accidents. Insurers include Suva and licensed private accident insurers. Medical treatment, wage replacement during incapacity, rehabilitation, and compensation for permanent impairment are central benefits. Disputes are first addressed with the insurer, then can proceed to the Social Insurance Court of Basel-Landschaft, with further appeal to the Federal Supreme Court.

Why You May Need a Lawyer

You may need legal help if your claim is denied or delayed, if an insurer disputes whether your injury is accident-related or argues it is a pre-existing condition, if a daily allowance or disability pension is calculated too low, if your occupational disease is not recognized, if you are sent to an insurer-commissioned medical expert and disagree with the findings, if you face pressure to return to work before you are fit, if there are problems with workplace safety responsibilities or alleged gross negligence, if a third party caused the accident and you need to coordinate civil liability and insurance claims, if you are a cross-border or part-time worker and coverage questions arise, or if you need to meet strict 30-day appeal deadlines. A lawyer can also help coordinate benefits between accident insurance, disability insurance, health insurance, and unemployment insurance, and can represent you in Einsprache-objections and court appeals.

Local Laws Overview

Coverage and insured persons: Employees in Switzerland are mandatorily covered by the Accident Insurance Act UVG-LAA. Those working at least 8 hours per week are insured for both occupational and non-occupational accidents. Those working fewer than 8 hours per week are insured for occupational accidents and occupational diseases, and commuting accidents are treated as occupational. Self-employed persons can obtain voluntary accident insurance with UVG-comparable benefits. Unemployed persons receiving unemployment benefits are insured for accidents through the competent scheme.

Definition and scope: An accident is a sudden, unintentional harmful impact on the body from an unusual external factor. Occupational diseases are illnesses caused predominantly by work-related substances or activities, including those on the official list and equivalent cases with strong causal evidence. Psychological harm may be covered if triggered by a sudden exceptional event.

Key benefits: Accident insurance typically covers medically necessary treatment without deductibles, including doctors, hospitals, medication, therapies, aids, and rehabilitation, plus travel and rescue costs. Daily allowances are paid during certified incapacity for work, generally at 80 percent of insured earnings, from the third day after the accident, subject to a legal maximum salary. For permanent health damage, an integrity compensation lump sum may be paid. If earning capacity is durably reduced, a disability pension may be granted. In fatal cases, survivors benefits may be payable.

Employer duties and job protection: Employers must protect health and safety at work under the Labour Act and the Ordinance on the Prevention of Accidents and Occupational Diseases. They must report accidents promptly to the insurer. Employees who are unfit for work due to accident are protected from dismissal for a limited blocking period after probation, typically 30 days in the first year of service, 90 days from years 2 to 5, and 180 days from year 6. Collective agreements or contracts may offer additional protections.

Choice of doctor and case management: Insured persons generally have free choice among recognized providers. Insurers may coordinate treatment and reintegration and can request independent medical evaluations. You can seek a second opinion and request that the insurer consider contradicting medical evidence.

Procedural rules and deadlines: Accidents should be reported without delay to the employer and insurer. If you disagree with an insurer decision, you usually have 30 days to file a written Einsprache-objection with reasons. If the objection is rejected, you generally have 30 days to appeal to the Social Insurance Court of Basel-Landschaft. Monetary benefit claims in social insurance have limitation periods, so do not wait to assert rights.

Coordination with other systems: Accident insurance interacts with disability insurance, health insurance, and liability law. If a third party is responsible, the accident insurer may recoup benefits from that party, and you may have separate damages claims subject to the Swiss Code of Obligations. Coordination rules prevent double compensation but should leave you no worse off when all benefits and claims are correctly handled.

Frequently Asked Questions

What counts as a work injury in Switzerland?

An insured accident is a sudden, unintended harmful event caused by an unusual external factor, such as a fall from a ladder, a machine injury, or an assault at work. Occupational diseases result from work-related exposures or activities and can be covered if they meet legal criteria. Gradual wear and tear is usually not an accident but may be assessed as an occupational disease if causation predominates.

Am I covered when commuting to and from work?

If you work at least 8 hours per week for the same employer, non-occupational accident insurance covers commuting accidents. If you work fewer than 8 hours per week, commuting is treated as an occupational accident and is covered under the occupational part of the insurance.

How quickly must I report an accident?

Report immediately to your employer and seek medical attention. Employers are obliged to notify the accident insurer promptly, but you should also ensure the insurer receives a claim without delay. Missing deadlines can complicate proof and may jeopardize benefits.

Who pays for my medical treatment?

Accident insurers cover necessary medical treatment for insured accidents, typically without deductibles or co-payments, including doctor visits, hospital care, medication, therapy, and medically necessary aids. Use your accident insurer details, not your basic health insurance, for accident-related bills.

How much of my salary will I receive while I cannot work?

Accident insurance usually pays a daily allowance of 80 percent of insured earnings during medically certified incapacity, starting from day 3 after the accident and up to a legal maximum salary. Employer obligations for the first 2 days or any top-ups depend on law, contract, and collective agreements. If incapacity becomes permanent, a disability pension may be granted.

Can I choose my doctor and get a second opinion?

Yes, you generally have free choice of recognized providers. The insurer can coordinate treatment and may ask for an independent medical evaluation. You may obtain a second opinion and submit it to the insurer. If there are conflicting reports, legal advice can help present the medical evidence effectively.

What if the insurer denies my claim or reduces benefits?

You have the right to receive a written decision. You then typically have 30 days to file an Einsprache-objection stating facts, medical evidence, and legal reasons. If the insurer maintains its position, you may appeal to the Social Insurance Court of Basel-Landschaft within another 30 days. Deadlines are strict, so act quickly and keep copies of all documents.

Can I sue my employer for damages after a work accident?

Because accident insurance is mandatory and no-fault, civil claims against an employer are largely restricted for simple negligence. Claims may still be possible in cases of intent or gross negligence, and against third parties who caused the harm. A lawyer can assess civil liability alongside your accident insurance benefits.

Are part-time, temporary, apprentices, or cross-border workers covered?

Yes, if you are employed in Switzerland you are generally covered by UVG-LAA accident insurance, regardless of nationality. Coverage scope depends on weekly hours. Apprentices, temporary workers, and cross-border commuters working in Switzerland are typically insured through the Swiss scheme. Confirm with your employer who the accident insurer is.

What if I am self-employed or between jobs?

Self-employed persons can purchase voluntary accident insurance with UVG-comparable benefits. If you become unemployed and receive unemployment benefits, you are covered for accidents through the competent scheme. If you are not covered through an employer or unemployment insurance, ensure your basic health insurance includes accident coverage.

Additional Resources

Suva - Swiss National Accident Insurance Fund. Provides prevention, claims handling, rehabilitation, and case management for many sectors. Regional support is available for the Basel area.

Private accident insurers authorized under UVG-LAA. If your employer is insured privately, contact the claims department listed on your accident card or employment documents.

Social Insurance Court of Basel-Landschaft. Handles appeals against accident insurer decisions for residents and employers in the canton.

Kantonales Arbeitsinspektorat Basel-Landschaft. Cantonal labor inspectorate responsible for occupational safety oversight and employer compliance.

Ombudsman der Privatversicherung und der Suva. Independent mediation service for disputes with accident insurers and Suva before or alongside legal proceedings.

Baselland Bar Association - Advokatenkammer Baselland. Provides referrals to lawyers experienced in social insurance and work injury cases.

Trade unions and employee associations in the Basel region. Many offer legal advice and representation in accident insurance matters for members.

Swiss disability insurance IV offices and case management services. Coordinate reintegration and disability pension questions when long-term incapacity is at issue.

Next Steps

Seek medical care immediately and explain the incident as an accident so your doctor documents the mechanism of injury. Notify your employer promptly and ask which accident insurer covers you. File a claim form without delay and keep copies of everything you submit. Preserve evidence such as photos, witness names, and incident reports. Follow medical advice and attend appointments, but if treatment seems inadequate, request adjustments or a second opinion.

If you receive a decision you disagree with, note the 30-day deadline and file a written Einsprache-objection with supporting medical records and a clear explanation of errors. Consider consulting a lawyer early, especially if causation is disputed, benefits are reduced, an independent medical exam is scheduled, or return-to-work proposals do not match your capacity. Bring to your consultation your insurance card, employer details, accident report, medical certificates, income records, and any insurer correspondence.

Check whether you have legal expenses insurance or union legal protection. If you have limited means, ask about unentgeltliche Rechtspflege - legal aid - for court proceedings. For safety concerns at the workplace, contact the cantonal labor inspectorate or raise the issue with your employer representative body. Throughout the process, communicate in writing, keep a timeline, and do not miss deadlines. A local lawyer familiar with Basel-Landschaft procedures can help you protect your rights and reach a fair outcome.