You can complain of all the decisions we make in connection with your claim. Complaints are processed by the National Social Appeals Board (Ankestyrelsen), but you need to send your complaint to the Labour Market Insurance (Arbejdsmarkedets Erhvervssikring).
Who can complain? Anybody who is affected by a decision is entitled to complain. This applies to –
The injured person
A person having power of attorney. If the injured person has granted power of attorney to, for instance, a trade union or a lawyer, they can make a complaint on behalf of the injured person
An injured person’s surviving dependants
The employer’s insurance company – in connection with accidents – or the Labour Market Occupational Diseases Fund (AES) – in connection with occupational diseases
The employer. An insured employer is only allowed to complain of recognition or turning down of a claim. An employer who has failed to take out an industrial injuries policy is allowed to complain of all decisions, being liable for compensation
Time limit for complaints
If you wish to complain, we need to know not later than 4 weeks after you received our decision letter.
We assume that you receive our decision letter not later than 2 days after we sent it. The time limit for complaining is reckoned from that date. If the time limit expires on a Saturday, a Sunday or a religious holiday, it will be extended to the next workday. The time limit expires at the end of office hours.
Monday 9.00 – 15.00
Tuesday to Friday 9.00 – 12.00
If you live in a European country other than Denmark or in the Faroe Islands when we send you our decision, the time limit for complaining is 6 weeks. If you live outside Europe, the time limit is 3 months.
If we find that you have not complied with the time limit, we will send the claim to the National Social Appeals Board and inform them of this. The National Social Appeals Board will then decide whether or not the time limit has been complied with.
Where to send the complaint
You need to send the complaint to us. If you send it to others, there is no guarantee that it will be forwarded to us, and therefore you risk not meeting the time limit. If you send the complaint directly to the National Social Appeals Board, they will forward the complaint to us, which may delay the processing of your complaint.
The National Social Appeals Board may change a decision to your disadvantage
The National Social Appeals Board is not bound by the complaints made by you or others. This may mean two things for you:
In the comprehensive decision letter the National Social Appeals Board may decide to process other part decisions of the case, even if you have not complained of those part decisions
The National Social Appeals Board can change a decision to your disadvantage – for instance they can reduce your compensation or change the recognition of the claim and turn it down
It may occur in special situations that the National Social Appeals Board processes part decisions that were not included in the complaint. This only happens if the National Social Appeals Board finds that we have made a clearly wrong assessment of the claim. If the National Board of Industrial Injuries were to choose to reassess other part decisions than those included in the complaint, they will usually hear you first and inform you of their plans. You then have the option to withdraw your complaint before the National Social Appeals Board makes its decision.
However, if the insurance company has also made a complaint, you cannot stop the processing of your claim by withdrawing your complaint.
Example – decision to the injured person’s disadvantage
We have recognised an accident and granted a 5 per cent compensation for permanent injury and a 15 per cent compensation for loss of earning capacity. The injured person complains of the decision on permanent injury because he believes the permanent-injury rating is too low.
The National Social Appeals Board informs the injured person that they also intend to make a decision on the question of recognition of the claim. The injured person does not withdraw the complaint, and in its decision the National Social Appeals Board changes the recognition and turns down the claim because our assessment of the claim is clearly wrong. Thereby the injured person also loses his/her right to compensation. As the insurance company has not complained, the amount has already been paid to the injured person, and therefore he/she will not have to return the compensation payment.