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Confederation of Danish Industry warns Supreme Court ruling raises legal certainty concerns

A new ruling by the Supreme Court of Denmark has sparked strong concern from Confederation of Danish Industry, which says the decision fundamentally alters long-standing practices within the country's workers' compensation system.

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The judgment centres on how compensation is calculated under the Workers' Compensation Act. The court ruled that injured employees are entitled to compensation equivalent to 15% loss of income, even in cases where the actual loss may be significantly lower, such as 5%. According to Dansk Industri, this marks a major departure from decades of established legal interpretation.

Crucially, the ruling applies retroactively, raising concerns about the financial implications for businesses. Søren Kryhlmand warned that companies could now face compensation claims linked to historical cases, including injuries that occurred long before the businesses themselves were established.

The organisation argues that firms have acted in good faith, adhering to the legal framework and administrative practices that were previously in place. As a result, it considers it problematic that companies may now be required to absorb unexpected costs tied to revised interpretations of the law.

Dansk Industri is calling for government intervention, including the introduction of a compensation mechanism to offset retroactive liabilities, as well as a reinstatement of clearer thresholds for compensation. It stresses that predictable and stable legal frameworks are essential to maintaining trust in the system for both employers and employees.

The ruling introduces significant uncertainty for businesses, particularly regarding insurance costs and long-term financial planning.

Source: www.wood-supply.dk

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