Permanent functional incapacity

Compensation for a permanent functional incapacity is paid to compensate for the permanent reduction of loss of the injured party’s functional capacity that will negatively affect their quality of life for the rest of their life. A permanent incapacity is determined when the person’s condition has stabilised and is not expected to change or improve. Permanent incapacity is estimated based on available medical reports. Compensation amount is affected by the nature of injury and the age of the injured party.

Patient insurance only covers additional permanent functional incapacity caused by the patient injury. Functional capacity arising from the underlying condition or injury being treated or other condition is not compensated. Compensation for permanent incapacity is usually a one-off compensation.

Depending on the date of the injury, the extent of the incapacity will be determined on the basis of the Decree (768/2015) specified in the Worker’s Compensation Act or the Decision of the Ministry of Social Affairs and Health (1012/1986). In the classification of permanent disabilities, the functional incapacity has been divided in incapacity classes 1–20, with class 20 corresponding to the most severe and class 1 to the least severe disability.