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The Liability for Damages Act is hereby promulgated, cf. Consolidation Act No.
885 of 20 September 2005, as amended by Act No. 1545 of 20 December 2006 and
Act No. 523 of 6 June 2007
Personal injury
§ 1. A party who is liable in damages for personal injury shall pay compensation for loss
of earnings, recovery costs and other losses resulting from the injury together with
compensation for pain and suffering.
Section 2 If the injury has had lasting consequences, compensation shall also be paid for
permanent injury and loss or impairment of earning capacity.
Section 3 The value of work in the home shall rank equally with earned income.
§ 1a. Compensation for future recovery costs and other future losses arising from the
injury, cf. section 1 (1), shall be fixed at a capital sum that cannot exceed the expected
average annual cost multiplied by ten. In the case of permanent ongoing costs, § 4, section
2 shall apply analogously.
Loss of earnings
§ 2. Compensation for loss of earnings shall be paid until the injured person can start
work again. If it may be assumed that the injured person will suffer a permanent loss of
earning capacity, compensation shall be paid until it is possible to assess the injured
person’s future earning capacity either provisionally or finally, cf. § 5-8 and § 10 plus § 31 of
the Protection against the Consequences of Industrial Injuries Act.
Section 2 Sick pay, benefits from an employer or the local authority, insurance benefits in
the nature of true damages and similar benefits paid to the injured person shall be deducted
from compensation.
Section 2 If the injured person had turned 40 years of age when the injury occurred,
compensation shall be reduced by 1% for each year by which the injured person exceeded
39 years of age when the injury occurred. If the injured person had turned 60 years of age,
the compensation shall be reduced by a further 1% for each year by which the injured
person exceeded 59 years of age when the injury occurred. Compensation shall not be
reduced further after the injured person has turned 69 years of age, however.
Section 2 The assessment of loss of earning capacity shall take account of the injured
person’s prospects of earning a living by means of such work as can reasonably be
expected of the person in question based on his abilities, education, age and opportunities
for vocational retraining and rehabilitation or the like.
Section 3 The injured person’s loss of earning capacity shall be calculated as a percentage
(loss-of-earning-capacity percentage). Compensation shall not be paid if the loss of earning
capacity is less than 15%.
§ 6. Compensation shall be set at a capital sum that represents the injured person’s
annual pay, cf. § 7, multiplied by the loss-of-earning-capacity percentage, cf. § 5, section 3,
then multiplied by 10.
§ 7. Annual pay shall be the injured person’s total earned income for the year preceding
the date on which the injury occurred.
Section 2 Annual pay shall be fixed on the basis of an estimate in cases where exceptional
income or employment circumstances or other special circumstances have prevailed,
however
§ 8. In cases where the injured person had not turned 15 years of age when the injury
occurred compensation shall be fixed as a capital sum that amounts to DKK 276,000
multiplied by the level of disability, cf. § 4, and then multiplied by ten. No compensation shall
be paid for disability of less than 5%.
§ 9. If the injured person had turned 30 years of age when the injury occurred,
compensation shall be reduced by 1% for each year by which the injured person exceeded
29 years of age when the injury occurred. If the injured person had turned 55 years of age,
compensation shall be reduced by a further 2% for each year by which the injured person
exceeded 54 years of age when the injury occurred. Compensation shall not be reduced
further after the injured person has turned 69 years of age, however.
Section 2 The reasons for the National Board of Industrial Injuries’ opinion must be given in
accordance with § 24 of the Administration Act.
Section 3 The injured person and the party causing the injury shall have right of information
in the National Board of Industrial Injuries’ case pursuant to part 4 of the Administration Act.
Reopening
§ 11. A concluded claim for compensation can be reopened at the injured person’s
request if the actual circumstances of the case change substantially in relation to those on
which the claim was concluded. An assessment of whether a claim can be reopened must
be made for each individual item of compensation separately, but cf. section 2 and 3.
Section 2 If loss of earning capacity of at least 15% has previously been fixed,
compensation cannot be paid for loss of earnings if the claim is reopened.
Section 3 A concluded claim for compensation cannot be reopened purely with a view to
obtaining further compensation for recovery costs and other losses and compensation for
pain and suffering. If the claim is reopened under (1), compensation for recovery costs and
other losses and compensation for pain and suffering can be paid, however, if there are
substantial unforeseen changes in the injured person’s state of health.
Section 2 If the deceased had turned 30 years of age, compensation shall be reduced in
accordance with the provisions of § 9.
Transitional payment
§ 14a. The surviving spouse or partner shall receive a transitional payment of DKK
108,000. If the deceased did not leave a spouse or partner, the transitional payment can be
awarded to another surviving person if special circumstances so indicate. If a transitional
payment is made, the person in question cannot also demand compensation for funeral
expenses.
Section 2 The Minister of Justice shall announce the adjustments to be made each year.
Section 3 Compensation shall be fixed on the basis of the amounts in force in accordance
with section 1 on the date on which payment of the compensation could be demanded
pursuant to § 16, section 1. Annual pay according to section 7 and compensation according
to section 14 shall be adjusted in accordance with the rules contained in section 1 in the
period between the injury occurring and the date on which payment of the compensation
could be demanded under § 16, section 1.
A demand cannot be made for the repayment of such compensation payment or for
compensation payments for temporary compensation for loss or reduction of ability to work,
nor can these payments be offset in other compensation awards.
Section 2. The amount yields interest from the time at which it can be demanded in
accordance with section 1, at an annual interest rate equal to the interest according to § 5 of
the Act on Overdue Payments Interest.
Section 2 An employer who has paid daily cash benefits or sick pay to an injured person or
paid associated benefits can claim indemnification from the party liable in damages in so far
as the employer has incurred a loss.
Section 3 Compensation as specified in section 1 that may not be assumed to have been
spent shall not be included in the community of property between spouses in the event of
administration arising from termination of the marriage, separation or division of community
property during the subsistence of the marriage. The compensation shall be included in the
community of property, however, if the person entitled to the compensation dies, unless the
compensation is separate property under a marriage contract.
Section 4 The provisions of section 1 and 3 shall not apply to claims for compensation for
loss of earnings.
the party liable in damages caused the loss wilfully or through gross negligence, or the loss
was caused in the performance of public or commercial enterprise or enterprise that can be
equated therewith.
§ 20. The State, a local authority or another public institution that is generally self-
insuring shall be situated as if insurance had been taken out, cf. § 19.
§ 21. § 19 and § 20 shall not apply to liability in damages covered by the provisions of
the Road Traffic Act relating to liability for motor vehicles or otherwise covered by the
vehicle’s statutory third-party insurance,
the Civil Aviation Act or
the Merchant Shipping Act.
§ 22. If there is liability in damages for a loss covered by general insurance, the
insurance company shall be subrogated to the injured person’s rights against the party
liable in damages to the extent that it has paid compensation.
Section 2 In the case of life, accident or health insurance or other personal insurance, the
company shall have no claim against the party liable in damages irrespective of the nature
of the insurance.
Part 3
Miscellaneous provisions
Employee liability in damages
Section 2 The employee’s liability in damages vis-à-vis injured parties can be reduced or
waived if found reasonable taking account of the circumstances specified in section 1 and
the injured parties’ interest. The employee can demand that compensation defrayed by him
be paid by his employer to the extent that the liability must ultimately rest with the employer
in accordance with section 1.
Section 3 The rule contained in section 1 shall apply analogously to the employer’s claims
for compensation against the employee for losses that the employee otherwise causes the
employer while in his service.
Section 2 Under conditions analogous to those specified in (1) it shall be possible to ignore
the injured party’s contribution to the loss in full or in part. In the case of a claim for
compensation for loss of dependency, the same shall apply to the deceased’s contribution.
Section 2 If the person causing the loss has temporarily put himself into a state of mind as
specified above through the use of intoxicants or by similar means, mitigation of his liability
in damages shall be ruled out.
Section 2 If one or more of the persons liable in damages are covered by liability insurance,
§ 19, section 1 and 2 and § 21 shall apply. In the cases specified in § 19, section 2, no. 1
and 1 and § 21 the division of the compensation burden between the persons causing the
loss can take account of any liability insurance policies that may exist. § 20 shall apply
analogously.
Section 2 When compensation is fixed, importance can be attached to the violation being
committed by means of a crime that involved an infringement of the provisions of part 23 or
24 of the Penal Code.
Section 3 Even if no injury to feelings or reputation was suffered, the person responsible for
an unlawful violation against another party shall pay the aggrieved party compensation,
however, if the violation was committed by means of a crime that involved a particularly
gross attack on another party’s person or freedom.
Section 2 Agreements relating to variation of § 17, section 1, § 19, section 1 and 3, § 20, §
22, section 2, § 23, § 24, section 1, § 24 a, § 24b, section 1 and § 25 that are entered into
before a loss or injury occurs shall be invalid in so far as the variation is to the detriment of
the party liable to pay compensation. The provision in § 25 can be varied, however, for
losses caused in the performance of public or commercial enterprise or enterprise that can
be equated therewith.
Part 4
Commencement provisions, etc.
§ 28. The Act shall come into force on 1 October 1984 and apply to losses that occur
after its commencement.
§ 30. (Omitted)
§ 31. (Omitted)
§ 32. The Act shall not apply to the Faroe Islands and Greenland, but can be put into
force for these parts of the country by Royal Ordinance with the variations dictated by the
particular circumstances in the Faroe Islands and Greenland.
Act No. 73 of 1 February 1995 (2) contains the following commencement provision:
§3 Section 1 The Act shall come into force on 31 January 1995, but cf. section 2 and 3.
Section 2 (Omitted)
Act No. 349 of 23 May 1997 (3) contains the following commencement provision:
Act No. 463 of 7 June 2001 contains the following commencement provisions, etc:
§4 Section 1 The Act shall come into force on 1 July 2002 (4). §1 (15) (5) and § 2 (2) – (4)
of the Act shall come into force on 1 January 2002, however. For commencement on 1 July
2002 the compensation amounts shall be adjusted in accordance with § 1 (11) on 1 January
2002 (6).
Section 2 Sections 1 and 2 of the Act shall apply to liability in damages for losses or injuries
that occur after commencement of the Act.
Section 3 (Omitted)
Section 4 (Omitted)