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[Statutory accident insurance--obligatory social accident insurance in Switzerland].

According to the new Accident Insurance Law, in Switzerland it is mandatory for all employees to be insured against accidents and occupational diseases. The legal bases, organization and implementation of this mandatory social accident insurance are described. Discussed in particular are the specific Swiss features, such as the inclusion of non-occupational accidents (leisure-time accidents), and special medical aspects in the assessment of incapacity, injury and occupational diseases.

Accidents, Occupational

[Private accident insurance in Switzerland with reference to liability insurance as a part of social security].

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.

Humans

[Development of loss-of-limb coverage in private accident insurance].

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.

Persons with Disabilities

[Evaluation of suicide in legal accident insurance and private insurance].

The thesis, that suicides are chiefly understood to be terminal stage developments and indemnified through compliance with prerequisites of the insurance law norm, is critically explained with regard to the scientific-theoretical evolution. Recent interdisciplinary investigations (epidemiology, statistics, sociology, psychology, psychiatry) as well as the changing approach of a large section of the population towards suicidal behaviour (self-determination and the responsibility of the individual, human dignity, breaking away from handed down moral judgements) show that the estimation held with cogency in many quarters with respect to suicide as being a reliable symptom of a disease, cannot be maintained. This result is further supported by the record number of individuals, within the sphere of the private insurance, finding themselves in financial and political "marginal situations" (class and social problems, material safeguard for families and the like) and committing suicide after reasonably pondering their dilemma; a condition which in many aspects comes close to "balance suicide". From an insurance medical angle the relevant statutory provisions and the supreme court jurisdiction of the last years are put forward to the medical experts with the requirements derived hereunder.

Expert Testimony

[The disability concept in private accident insurance].

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.

Disability Evaluation

[Occupational accident insurance in intervertebral disk damage--new aspects of legal evaluation?].

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.

Disability Evaluation

[Assessment of eye damage in private accident insurance (author's transl)].

Following a fundamental sentence of the German Supreme Court eye damage affecting both eyes - actual or preexisting - has to be judged under the aspect of coordinating function. So the usual practice of isolated judgement of each eye can only be performed in unilateral damage associated with complete function of the other eye.

Disability Evaluation

[Expert assessment of so-called post-thrombotic syndrome in compulsory accident insurance].

Expertising a late damage after thrombosis requires most careful investigation of the findings, a detailed description of the damage, and a definition of the impairment of functions. This is imperative for arriving at an administrative decision to implement the conclusions arrived at by the expert without committing a legal error by such implementation. Estimation and determination of the damage and of awarding a reasonable compensation requires a detailed consideration of the circumstances of each case and observance of the legal principle of equal rights.

Disability Evaluation

[Posterior shoulder dislocation in a patient sample of the Swiss Accident Insurance Service].

We report on 17 posterior shoulder dislocations which were investigated by SUVA's medical service during the past three years. We can confirm the information in the literature, that the diagnosis is initially often missed (4 out of 17) and that the injury is often sustained in epileptic fits (4 out of 17). Among our patients, however, the time at which the diagnosis was made did not obviously influence the results of the treatment. After treatment, over half of our patients have an impairment which, in three cases, resulted in integrity compensation, in one case in a recommendation for vocational retraining, in one case in a change of profession and in one case in a pension.

Adolescent