Best Workers Compensation Lawyers in Arlesheim
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Find a Lawyer in ArlesheimAbout Workers Compensation Law in Arlesheim, Switzerland
In Switzerland, what many people call workers compensation is governed by the compulsory accident insurance system under federal law. The key statute is the Federal Accident Insurance Act UVG-LAA, with implementing ordinances UVV-OLAA. This system covers medical treatment, wage loss, rehabilitation, disability pensions, and survivor benefits after occupational accidents, non-occupational accidents, and recognized occupational diseases. In Arlesheim, which is in the Canton of Basel-Landschaft, these rules apply the same way as in the rest of Switzerland, but your insurer, local procedures, and the appeal court are specific to the canton.
Most employees are insured either by Suva or by a licensed private accident insurer chosen by the employer. Employers pay the premium for occupational accident coverage. If you work at least 8 hours per week for an employer, you are also insured for non-occupational accidents and you contribute to that premium through payroll deduction. Self-employed persons are not automatically insured but can take out voluntary coverage. Domestic workers must be insured by the household that employs them.
When an accident happens, you notify your employer quickly, get medical treatment, and use your accident claim number with providers. Medical costs covered by accident insurance have no deductible or copay. If you cannot work, a daily cash allowance is typically 80 percent of insured earnings starting on the third day after the accident. Long-term consequences can lead to disability pensions and an integrity compensation payment for permanent bodily harm. Return-to-work support and rehabilitation are part of the system.
Why You May Need a Lawyer
You may be able to handle straightforward claims yourself, but legal help is valuable in several situations. Coverage disputes can arise over whether an incident counts as an occupational accident, a non-occupational accident, or an illness. Causation is often contested in cases involving pre-existing conditions, repetitive strain, or psychological injury. Insurers can reduce or refuse benefits for non-occupational accidents caused by gross negligence or high-risk behavior, and a lawyer can challenge such reductions.
If your daily allowance stops, your work capacity is rated lower than you think, or the insurer orders an independent medical examination that you believe is unfair, a lawyer can protect your rights. Disagreements about permanent impairment, integrity compensation, or disability pensions are technical and depend on medical and legal criteria. Cross-border situations are common in the Basel region, and coordinating Swiss accident insurance with foreign healthcare or social insurance can be complex. A lawyer can also ensure deadlines are met and appeals are properly filed with the correct authority in Basel-Landschaft.
Local Laws Overview
Accident insurance is federal, but several local aspects matter in Arlesheim. The competent appeal body after an insurer issues a formal decision is the Social Insurance Law Division of the Cantonal Court Basel-Landschaft in Liestal. After that, appeals go to the Federal Supreme Court. Objections to an insurer decision must generally be filed within 30 days. If you miss this, you can lose your rights even if your case is strong.
Key substantive points include compulsory coverage for all employees for occupational accidents and diseases from day one. If you work at least 8 hours per week, you also have non-occupational accident coverage, which includes commuting accidents. If you work under 8 hours per week, you are not covered for non-occupational accidents, but commuting accidents are treated as occupational and are covered. Employers must report accidents to their insurer promptly and cooperate in return-to-work efforts under occupational safety rules and CFST-EKAS directives.
Benefits include full medical treatment without deductibles, daily allowance at 80 percent of insured earnings from day 3, vocational rehabilitation, integrity compensation for permanent damage, disability pensions based on loss of earning capacity, and survivor benefits. Benefits can be reduced for non-occupational accidents caused by gross negligence or high-risk activities. Coordination rules apply with health insurance KVG-LAMal, invalidity insurance IV-AI, and occupational pensions BVG-LPP. Claims for benefits generally become time-barred after 5 years from when the benefit was due, with an absolute 10-year limit, but shorter 30-day limits apply to contest decisions.
Frequently Asked Questions
What counts as an occupational accident in Switzerland?
An occupational accident is an event causing injury that happens while performing work tasks or during activities directed by the employer. It also includes accidents on the employer’s premises during working time. Recognized occupational diseases are illnesses primarily caused by harmful substances or specific work activities listed in regulations, or proven predominantly work-caused in an individual case.
Am I covered while commuting to and from work?
If you work at least 8 hours per week for your employer, you have non-occupational accident coverage and commuting accidents are covered. If you work under 8 hours per week, you do not have non-occupational accident coverage, but commuting accidents are treated as occupational accidents and are covered.
Does accident insurance cover all medical costs?
Yes. UVG-LAA accident insurance covers necessary and appropriate medical treatment in full without a deductible or copays, including doctor visits, hospital treatment in the general ward, medications, therapies, and certain aids and appliances. You must present your accident insurance information so providers bill the accident insurer instead of your health insurer.
How much wage replacement do I get if I cannot work?
You generally receive an 80 percent daily allowance of your insured earnings starting on the third day after the accident. The first two days are usually not covered by the daily allowance, though employment contracts or collective agreements sometimes provide salary continuation. If your work incapacity becomes long-term, you may receive a disability pension based on the assessed loss of earning capacity.
Can benefits be reduced if I was at fault?
For non-occupational accidents, benefits can be reduced or refused if the accident was caused by gross negligence or by particularly risky behavior classified as a high-risk activity. For occupational accidents, reductions are more limited. Fault in the usual sense does not remove coverage, but specific legal grounds can lead to reductions. A lawyer can assess whether a reduction is justified and challenge it.
What should I do immediately after an accident?
Get medical help, tell the provider it was an accident, and inform your employer right away. Provide a clear description of what happened, witnesses, and any photos. Keep copies of medical reports and correspondence. Your employer or you should submit the accident report to the insurer quickly. Use your accident claim number at all medical appointments.
What if the insurer denies my claim or stops benefits?
You can file a written objection Einsprache-Opposition to the insurer’s formal decision within 30 days. If the insurer upholds its decision, you can appeal to the Cantonal Court Basel-Landschaft, Social Insurance Law Division. Deadlines are strict. Legal representation helps you present medical and legal arguments effectively.
How are pre-existing conditions treated?
Accident insurers cover the consequences of the accident. If a pre-existing condition is aggravated by an accident, the aggravation is covered, but disputes often arise about how much of your incapacity is due to the accident versus pre-existing issues. Medical assessments are used to apportion causation. Legal advice is useful for challenging unfavorable apportionments.
I am a cross-border worker. Which system applies?
If you are employed by a Swiss employer in Arlesheim, your accident insurance is Swiss UVG-LAA even if you live in France or Germany. Treatment can often be received across the border with coordination rules, but you should always provide your Swiss accident claim information and follow your insurer’s guidance on approved providers and billing.
Do I have to attend an insurer-appointed medical exam?
Insurers can require independent medical examinations to assess causation and work capacity. You must cooperate, but you have rights, including to be informed, to have your records considered, and to comment on the report. If you believe an exam is biased or inappropriate, seek legal advice promptly to safeguard your position.
Additional Resources
Suva - The Swiss National Accident Insurance Fund insures many industries and provides guidance, prevention materials, and claim handling. There is also an Ombudsman service for Suva and private insurers that offers free mediation in insurance disputes.
Private Accident Insurers - Many employers in Basel-Landschaft use licensed private insurers under UVG-LAA. Your employment contract or HR department can tell you which insurer covers you and how to report a claim.
Amt für Sozialversicherungen Basel-Landschaft - The cantonal social insurance office in Liestal provides information on social insurance, including accident insurance coordination, and can direct you to the correct authority.
Kantonsgericht Basel-Landschaft, Abteilung Sozialversicherungsrecht - This is the cantonal court division that handles appeals in social insurance matters, including accident insurance, after the insurer’s internal objection procedure.
Trade Unions and Workers Associations in the Basel region - Unions often provide initial advice to members on accident claims, workplace safety, and interactions with insurers and employers.
Occupational Safety Authorities and CFST-EKAS - Federal and cantonal bodies issue workplace safety directives and can advise on prevention and employer obligations that may be relevant to your case and return-to-work planning.
Next Steps
Document the incident and your symptoms, and inform your employer without delay. Seek medical care and make sure providers bill the accident insurer using your claim number. Ask your employer or insurer for written confirmation of the reported claim and keep all correspondence and medical reports organized.
If you receive a decision you do not agree with, note the 30-day deadline and request your full claim file from the insurer. Consider contacting a lawyer who handles Swiss accident insurance law in Basel-Landschaft to assess your rights, prepare medical evidence, and file an objection. Early legal advice is especially important in causation disputes, benefit reductions for alleged negligence, and long-term disability evaluations.
If you are unsure who your insurer is, ask your employer’s HR or payroll. If you are self-employed or a domestic employer, verify whether you or your employees are covered and arrange the appropriate UVG-LAA policy. For cross-border questions, inform your doctors and your insurer about your residency so care can be coordinated correctly.
Act promptly, keep everything in writing, and seek qualified assistance if anything is unclear. The Swiss accident insurance system is designed to provide swift medical help and fair income protection, but preserving your rights often depends on timely and well-documented action.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.