Login or Sign Up
 
 
 
 
 
 
 
 
 
 
 
 
 
Forums in Geneva > Geneva > Legal Advice - Accident on someone else's property - broken arm
 
Only members can see photos
Only members can see names and photos
Legal Advice - Accident on someone else's property - broken arm

Hi Everyone,


I have a question about accidents and insurance in Switzerland.  I had an accident (fell off a horse) and broke my arm and needed surgery.  The place where I fell claims my employer should pay the remaining bill my health insurance didn't cover and my employer says the opposite.  I also heard its a law for all swiss employees to have accident insurance, but I am an expat and don't seem to have.


Anyone have any experience with this?


Thanks!


Tara

The text you are quoting:

Hi Everyone,


I have a question about accidents and insurance in Switzerland.  I had an accident (fell off a horse) and broke my arm and needed surgery.  The place where I fell claims my employer should pay the remaining bill my health insurance didn't cover and my employer says the opposite.  I also heard its a law for all swiss employees to have accident insurance, but I am an expat and don't seem to have.


Anyone have any experience with this?


Thanks!


Tara


Tara LNov 25, 2013 @ 23:37
Your Reply:
Reply  Reply With Quote  Thank Poster
! Report to Admin
 
5 Replies | 1401 Views      |  Send to friend
 
Only members can see photos
Only members can see names and photos
Re: Legal Advice - Accident on someone else's property - broken arm
Post 1

Hey Tara. It is mandatory for Swiss employers to subscribe an accident insurance which covers leisure activities for any employee who works more than 8h/week as explained here. Your responsibility is to report it correctly as an accident - falling under accident insurance and not as an illness - falling under health insurance. From your account you may have not, unless you are confusing the terms.


I'm not sure what is your emplyment status but if your company is registered in Switzerland and you are doing work on the Swiss territory you should probably be covered . If your employer did not subscribe an accident insurance for you that is their problem and they are still responsible for the medical expenses.


You should probaly leave the place where you fell out of it, it doesn't sound like it is their fault in any way.

The text you are quoting:

Hey Tara. It is mandatory for Swiss employers to subscribe an accident insurance which covers leisure activities for any employee who works more than 8h/week as explained here. Your responsibility is to report it correctly as an accident - falling under accident insurance and not as an illness - falling under health insurance. From your account you may have not, unless you are confusing the terms.


I'm not sure what is your emplyment status but if your company is registered in Switzerland and you are doing work on the Swiss territory you should probably be covered . If your employer did not subscribe an accident insurance for you that is their problem and they are still responsible for the medical expenses.


You should probaly leave the place where you fell out of it, it doesn't sound like it is their fault in any way.


catalin, Nov 26, 2013 @ 00:27
Your Reply:
Reply  Reply With Quote  Thank Poster
! Report to Admin
Only members can see photos
Only members can see names and photos
Re: Legal Advice - Accident on someone else's property - broken arm
Post 2

Although a little different I am currently filing a claim against my accident insurance following a crash in which I was knocked off my bicycle. Apparently 100% fault of the car driver - wrong side of road, over speed limit and well over the  alcohol limit.  I have been told by his insureres that whatever my insurers do not pay, they will cover and I can 'porter plainte' to cover myself against any relapse later on - but then the police were involved right from the beginning.


Your case is different in that you fell of the horse.  Could it be argued that you were 100% to blame.  If not, was the horse frightened by a passing motor vehicle?  To claim from the third party could be difficult and costly and you would have to prove that the third parrty exposed you to a dangerous situation without warning you.  So you have to weight the shortfall against the costs.  You also have to check with your firm why your/their insurance is not paying the full amount.  Remember your company has no interest in you and will not negotiate hard on your behalf - they are interested in keeping premiums down.


Take another example.  You go with frends in the mountains in France (maybe Switzerland as well) and there is an accident and one of you is seriously injured.  The responsibility falls on the most experienced person in the party or the person who organised the walk.  He might be censured if the court decvides that he organised a walk which was dangerous and did not warn the participants but unless he has taken out a specific third party insurance you will get nothing.

The text you are quoting:

Although a little different I am currently filing a claim against my accident insurance following a crash in which I was knocked off my bicycle. Apparently 100% fault of the car driver - wrong side of road, over speed limit and well over the  alcohol limit.  I have been told by his insureres that whatever my insurers do not pay, they will cover and I can 'porter plainte' to cover myself against any relapse later on - but then the police were involved right from the beginning.


Your case is different in that you fell of the horse.  Could it be argued that you were 100% to blame.  If not, was the horse frightened by a passing motor vehicle?  To claim from the third party could be difficult and costly and you would have to prove that the third parrty exposed you to a dangerous situation without warning you.  So you have to weight the shortfall against the costs.  You also have to check with your firm why your/their insurance is not paying the full amount.  Remember your company has no interest in you and will not negotiate hard on your behalf - they are interested in keeping premiums down.


Take another example.  You go with frends in the mountains in France (maybe Switzerland as well) and there is an accident and one of you is seriously injured.  The responsibility falls on the most experienced person in the party or the person who organised the walk.  He might be censured if the court decvides that he organised a walk which was dangerous and did not warn the participants but unless he has taken out a specific third party insurance you will get nothing.


Paul E, Nov 26, 2013 @ 09:04
Your Reply:
Reply  Reply With Quote  Thank Poster
! Report to Admin
Only members can see photos
Only members can see names and photos
Re: Legal Advice - Accident on someone else's property - broken arm
Post 3

Catalin is completely right. It's obligatory for your employer to pay an accident insurance, and you are covered even if this happens on your leisure time. So, just go to the HR of your employer and get the name of the insurance company. If needed, contact them yourself and explain the situation.

The text you are quoting:

Catalin is completely right. It's obligatory for your employer to pay an accident insurance, and you are covered even if this happens on your leisure time. So, just go to the HR of your employer and get the name of the insurance company. If needed, contact them yourself and explain the situation.


wanessa, Nov 26, 2013 @ 09:40
Your Reply:
Reply  Reply With Quote  Thank Poster
! Report to Admin
Only members can see photos
Only members can see names and photos
Re: Legal Advice - Accident on someone else's property - broken arm
Post 4

Hi Tara,


Catalin is correct.  Have you reported your accident straight away with your employer though?


A few years ago, I missed a step and fell very badly (no one's fault, it was dark and did not see the step by the station), I reported it with the office manager at work, filled in a form and all medical expenses were covered by the work insurance.  I got reimbursed from early payements and didn't not have to pay for any future treatments prescribd (once I had handed the insurance confirmation).  


This is also valid if you have an accident abroad on holiday. A colleague of mine who does extreme sports got also covered many times (although they ensure they remind you and your boss to kind reminding you of 'stoppong' extreme activities when it happens too often).

The text you are quoting:

Hi Tara,


Catalin is correct.  Have you reported your accident straight away with your employer though?


A few years ago, I missed a step and fell very badly (no one's fault, it was dark and did not see the step by the station), I reported it with the office manager at work, filled in a form and all medical expenses were covered by the work insurance.  I got reimbursed from early payements and didn't not have to pay for any future treatments prescribd (once I had handed the insurance confirmation).  


This is also valid if you have an accident abroad on holiday. A colleague of mine who does extreme sports got also covered many times (although they ensure they remind you and your boss to kind reminding you of 'stoppong' extreme activities when it happens too often).


marieh, Nov 26, 2013 @ 09:43
Your Reply:
Reply  Reply With Quote  Thank Poster
! Report to Admin
Only members can see photos
Only members can see names and photos
Re: Legal Advice - Accident on someone else's property - broken arm
Post 5

Stopping* extreme... b*** iPad)...

The text you are quoting:

Stopping* extreme... b*** iPad)...


marieh, Nov 26, 2013 @ 09:55
Your Reply:
Reply  Reply With Quote  Thank Poster
! Report to Admin
5 Replies | 1401 Views      |  Send to friend
 
 
 
Feedback Form