An employee working in Sweden is insured for workplace injuries according to the work injury insurance. A work injury refers to an injury as a result of an accident or due to other harmful effects in the workplace. The concept can be divided into workplace accidents and occupational diseases.
As a gainfully employed person in Sweden, you are entitled to compensation for work-related injuries under the occupational injury insurance as part of the general social insurance. Survivors may also be entitled to compensation. You may be entitled to compensation for, among other things, medical or dental expenses, loss of income, and other costs resulting from the injury. For an injury to be considered a work-related injury, there must be a clear connection between the work and the illness or accident. Injury during travel to or from work may also be considered a work-related injury.
The court has assessed the connection in several legal cases. In HFD 2020 ref. 4, an injury during ice hockey on paid working time was not considered a work-related injury because the activity was voluntary and without the involvement of the employer, and the employee did not have any special physical requirements in their professional role. In HFD 2023 ref. 22 (I and II), dental injuries during remote work were addressed. In one case, the injury occurred when the employee picked up a power cable that had come loose from their work computer and collided with their son. In the other case, the employee collided with their dog when they stood up to put their coffee cup in the kitchen and then take a walk with the dog. In the first case, the accident was deemed to have a predominant connection to the private sphere, not work, and in the second case, the appeal was dismissed because the accident did not occur during work.
If the employer has collective agreements with insurance policies, you may also be entitled to compensation for medical disability and financial losses. You may also have group or individual insurance policies that cover additional costs. Group insurance can be taken out, for example, through the union, and can be mandatory with membership or voluntary additional services.
Once you have suffered a work-related injury, the employer is obligated to investigate the incident, improve the work environment, and report the incident to the Swedish Work Environment Authority and the Social Insurance Agency in the event of a work accident or serious incident. You are entitled to advice and support from your trade union.
You also have the right to rehabilitation and may be eligible for rehabilitation benefits. The employer is responsible for work-related rehabilitation and must consider the possibility of reassignment if you are unable to return to your previous job. However, medical rehabilitation is not the employer's responsibility.
During sick leave, you will receive sick pay from the employer for the first 14 days. After that, you can apply for sickness benefit from the Social Insurance Agency.
If you are dissatisfied with a decision regarding work injury compensation or sickness benefits, you can appeal the decision.
According to the law, there must be a connection between the accident or illness and the work. Substantial reasons must indicate that the injury is causally related to the work in order to be considered a work-related injury. Injury during travel to or from work may also be considered a work-related injury.
The court has examined this in several legal cases. In HFD 2020 ref. 4, an injury during ice hockey on paid working time was not considered a work-related injury because the activity was voluntary and without the involvement of the employer, and the employee did not have any special physical requirements in their professional role. In HFD 2023 ref. 22 (I and II), dental injuries during remote work were addressed. In one case, the injury occurred when the employee picked up a power cable that had come loose from their work computer and collided with their son. In the other case, the employee collided with their dog when they stood up to put their coffee cup in the kitchen and then take a walk with the dog. In the first case, the accident was deemed to have a predominant connection to the private sphere and not work. In the second case, the appeal was dismissed because the accident did not occur during work. Therefore, neither of these injuries were considered work-related injuries.
When an employee has suffered a work-related injury, you, as the employer, have an obligation to investigate the incident and improve the working environment to prevent future injuries. You must also report a work accident to the Swedish Work Environment Authority and the Social Insurance Agency. Serious incidents must also be reported.
You are responsible for rehabilitating the employee for their return to work, but not for medical rehabilitation. If the employee cannot return to their previous job due to the injury, you must consider the possibility of reassignment.
During sick leave, the employee is entitled to sick pay from the employer for the first 14 days. After this period, the Social Insurance Agency decides on sickness benefits.
As an employer covered by collective agreements, you must take out the insurance policies included in the agreement. Other employers can also take out these insurance policies, but it is not mandatory for them. However, in certain industries, there may be requirements for specific insurance policies regardless of collective agreement affiliation.