Accidents at Work and Occupational Diseases
| Date | 01 March 2009 |
| DOI | 10.1177/138826270901100108 |
| Published date | 01 March 2009 |
| Author | Maximilian Fuchs |
| Subject Matter | Article |
European Jour nal of Social Sec urity, Volume 11 (2009), Nos. 1–2 163
ACCIDENTS AT WORK AND
OCCUPATIONAL DISEASES
M F*
Abstract
e new rules on coordination of bene ts for accidents at work and occupational
diseases, contained in Articles 36–41 of Regulation 883/2004, o er an interesting
example of successf ul simpli cation of coordination rule s, one of the central goals of
the reform. Whereas Reg ulation 1408/71 needed 13 articles to carry out coordination,
the new Regulation contains only 6. e main mechanism that provides for this
simpli cation is the referral in Article 36 Regulation 883/2004 to the similar rules
on health care, and the abolition of provision s on the assimilation of facts or events
that was made possible by the introduction of a general nor m on this aspect (Article
5 Regulation 883/2004). Criticism, however, has to be levelled against the complete
preclusion of cost sharing between Member States in the area of occupational
diseases.
Keywords: assimilation of facts or events; cost sharing; freedom of services; health
care; simpli cation
1. ACCIDENT INSURANCE IN THE EUROPEAN CONTEXT
As the history of socia l insurance law teaches, protection again st the risk of accidents
at work was the rst measure in the formation of socia l insurance and social sec urity,
both in industrial as well as in developing countries. Insurance schemes against
accidents at work (supplemented later by the insurance against occupationa l diseases)
paved the way and became the model for ot her branches of social insurance. Fra ncois
* Maximilia n Fuchs is co-editor of the Zeitschri für Europäi sches Sozial- und Arbeit srecht (ZESAR)
and partner of e De sign of E cient Labour Market Institutions in Europe Centre of Excellence at
the University of Trier. Addres s: Katholische Universität Eichstät t-Ingolstadt, Auf der Schanz 49,
D-85049 Ingolstadt, Germany; tel: +49–841–937–1837; e-mail: ma ximilian .fuchs@ku-eichsta ett.
de.
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