[Supplementary accident insurance].
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According to the provisions of private accident insurance, mental or psychological reactions are in contrast to basically not covered by insurance. The body is the object of insurance, not like third party insurance, which covers health. Since 1993 private accident insurance companies have been able to offer better coverage for mental or psychological reactions. But these possibilities for modifications of the AUB (terms and conditions of private accident insurance) introduced in 1993 constitute a departure from the traditional terms and conditions of the AUB.
Claims made to private accident insurers for eye damage have to take possible correction with glasses into account. This verdict by the (Federal German) Supreme Court, which contradicted previous legal doctrine and two concordant court verdicts, confirms among other things the ophthalmological view that glasses are not a kind of prosthesis. This verdict thus brings jurisdiction back into line with legal opinion in the field of social welfare.
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In Austria, eye damage is assessed by private accident insurance underwriters in accordance with the "General Rules for Private Accident Insurance" (AUVB 1965). According to these rules the degree of invalidity is determined on the basis of three types of findings: 100% in the case of total loss of vision, 30% in the case of total loss of vision in one eye, and 60% if vision in the other eye had already been lost. In the case of complete loss of vision in one eye and simultaneous partial loss in the other, or partial deterioration of vision in both eyes, the basis for calculating the degree of invalidity is 50% for each eye. The respective degrees of disability are expressed in thirtieths. The degrees of disability are adjusted to the levels of reduction in earning capacity in accordance with the proposals of the German Ophthalmological Society, which are also recommended in Austria. The difference in the degree of disability according to the AUVB in Austria and the AUB in the Federal Republic of Germany, resulting from different methods of calculation, is pointed out. The degrees of disability for accidental damage to one or both eyes (without previous damage) are presented in tabular form. As regards visual field defects, the degree of disability should be assessed on the basis of the total visual field, taking into account the fact that the eyes are paired sensory organs.
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For decades, prevention has been an integral and important part of the German statutory accident insurance system. The very close link between prevention, rehabilitation, and compensation, which is so typical for the German system, had an extremely positive effect on the frequency of notifiable occupational accidents. What is more, if we compare benefits and costs of the system, it appears that prevention has also been successful in a strictly monetary sense. After a short outline of the basic principles of the German accident insurance system, the authors take stock of the last 33 years. The period between 1960 and 1993 also covers the repercussions of the German reunification in 1990. The trends in accident and disease frequency are presented together with the trends in costs and benefits. To allow a realistic comparison, all figures are indicated in terms of 1960. It can be shown that the average contribution rate to accident insurance decreased in the period under consideration. This is particularly remarkable if we look at the enormous increase in contribution rates that took place in all other branches of social insurance. It is also noted that the contribution rates of the different industrial branches are immediately dependent on the accident risks in those industries. The last part of the article contains a qualitative and quantitative description of the prevention measures available to the German accident insurance institutions.
Children and students take part in legal accident insurance as if they were adults. The functional impairment of the childish individual has to be measured. Therefore the child is treated as a fictious adult. The problem is explained by two examples.
Last year the German personal accident insurers introduced a new set of General Conditions, the "AUB 88". These define permanent disability as the "permanent impairment of the insured's physical or mental faculties", whereas the former conditions defined it as the "permanent impairment of the ability to work". The new definition of permanent disability is something that the medical expert will also have to come to terms with when assessing a claim. Here he must first of all bear in mind that the consequences of an accident affecting limbs or sensory organs have to be assessed--as hitherto--on the basis of the "Gliedertaxe" or scale of disability benefits, which establishes degrees of disability for the loss of, or loss of the use or function of, limbs or sensory organs. If other parts of the body are affected, then, in accordance with Article 7 I. (2) AUB 88, "the degree to which, from a strictly medical point of view, normal physical or mental faculties are handicapped" shall be decisive. In such cases, therefore, it is no longer merely a question of whether and to what degree the insured is able to work. An assessment of permanent disability may not take non-medical circumstances into account.
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The AUB 88 (conditions of private insurance) contain in comparison to the AUB 61 a pratical exclusion of damage of an intervertebral disk. The effort as possible cause of damage is no longer insured, the accident only as preponderate cause. The damage is only insured, if there is a connection in cause. The positive evidence of diagnostic methods are discussed and their significance for expert opinions. Damage of intervertebral disk is generally of degenerative genesis. The so called accident marks the moment of manifestation of the damage not the moment of its development.
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