Berufsgenossenschaft (German Statutory Accident Insurance Institution)

Concept and organisation

Under § 114 SGB VII the carriers of statutory accident insurance are the industrial Berufsgenossenschaften, the social insurance for agriculture, forestry and horticulture, and the public-sector accident insurance institutions (Unfallkassen). The industrial Berufsgenossenschaften are organised by economic sector – for example construction, wood and metal, raw materials and chemical industry, energy, textiles, electrical and media products, food and hospitality, trade and logistics, transport, health services and welfare, and administration. Each enterprise is allocated by law to the Berufsgenossenschaft with subject-matter jurisdiction for its industry (§§ 121 ff. SGB VII); there is no right of choice. The Berufsgenossenschaften are public-law corporations with legal capacity and parity-based self-government through a representatives’ assembly and an executive board, in which employers and insured persons are each represented by half. Their umbrella organisation is the German Social Accident Insurance (DGUV).

Tasks and financing

The Berufsgenossenschaften prevent occupational accidents and diseases through accident prevention regulations, advice and supervision (§§ 14 ff. SGB VII), manage medical treatment according to the principle of “rehabilitation before pension” and provide the cash benefits. Funds are raised on a pay-as-you-go basis: after the end of a calendar year the actual expenditure is apportioned to the enterprises (§ 152 SGB VII). Only the entrepreneurs are liable to contribute (§ 150 SGB VII). The basis of calculation is the funding requirement, the payroll of the insured persons and the hazard classes (§ 153 SGB VII). The hazard tariff, adopted by the representatives’ assembly as autonomous law, groups the trades into hazard classes according to their accident risk and is valid for a maximum of six years (§ 157 SGB VII); surcharges and discounts depending on the accident record of the individual enterprise are possible through the contribution equalisation procedure (§ 162 SGB VII).

Country comparison

In Switzerland Suva acts as carrier for the industries listed in Art. 66 UVG alongside private insurers, with premiums likewise graded by risk class. In Austria the AUVA is almost the sole carrier and is financed by a uniform contribution rate on the contribution basis without industry-specific hazard classes. The Berufsgenossenschaft is thus the most industry-specific of the three models.