A compensatory annuity is a benefit granted to an injured person, intended to compensate for the loss of earning capacity, increased living needs, or diminished future prospects resulting from an accident or other random event. The annuity awarded is a form of compensation for property damage resulting from bodily injury or health impairment.
Who is entitled to a compensation pension?
A disability pension is available to an injured party who, as a result of an accident or incident, has lost their ability to work, either partially or completely. This benefit compensates for lost income and is particularly important when the injured party is unable to return to work or is forced to take a less lucrative job.
Additionally, a pension may be granted in the event of increased life needs, such as the need for constant care, rehabilitation, specialist treatment or adaptation of the place of residence to new health requirements.
Pensions are also available to individuals whose future prospects have been diminished as a result of the event—for example, if the injured party has lost the opportunity to develop professionally or increase their income. When assessing this aspect, the injured party's actual capabilities, as they existed at the time the injury occurred, are taken into account.
Finally, a pension may be granted to injured parties with permanent health impairments that hinder their normal functioning or the performance of their professional duties.
How to obtain a compensation pension?
To obtain a pension, you must take several important steps:
- Gathering documentation – the injured party should submit documents demonstrating their current health and financial situation following the incident. Required documents include: a certificate of incapacity for work, bills and invoices documenting medical expenses, a certificate of disability, and medical records.
- Submitting a claim to the insurer – a claim for a disability pension, along with the required documentation, must be submitted to the insurer. After submission, the insurer typically has 30 days to make a decision. In exceptional cases, this deadline may be extended, and the injured party will be notified accordingly.
- Appeals and court proceedings – If a claim is denied or only partially accepted, the injured party has the right to appeal the insurer's decision. If an agreement remains unsettled, the case may be taken to court.
It's worth fighting for a disability pension, especially when the consequences of the accident have significantly impacted the injured party's life, limited their ability to work, or diminished their future earnings prospects. For more information, please contact us. We will assist you at every stage of the process to obtain the benefits you deserve.
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This article is for informational purposes only and does not constitute legal advice.
Legal status as of October 29, 2024
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