The Danish High Court (Højesteret) issued a ruling described as fundamental and important in the case of a woman who suffered a work injury in 2000, after deciding to return the case to the Danish Court of Appeal (Ankestyrelsen) to reassess her right to compensation for loss of ability to work, according to the DR website.
The report noted that the case had gone through the courts and relevant bodies for many years, and the ruling could have a wide-ranging impact on thousands of people who have suffered work-related injuries in Denmark.
A legal dispute that has lasted since 2000
The DR website reported that the HK trade union and the Ankestyrelsen appeals body entered into a lengthy legal dispute over the woman's right to compensation after the accident she suffered at work.
The report explained that the Work Injury Authority (Arbejdsskadestyrelsen) decided in 2002 that the woman had not suffered a loss of at least 15 percent of her ability to work, and therefore she did not receive any compensation.
The report added that the appeals board subsequently refused to reopen the case.
The Supreme Court returns the case to the appeals panel.
The report explained that the Supreme Court saw the need to return the case to the appeals panel in order to reassess the loss of ability to work.
The Supreme Court confirmed in its ruling, according to the DR website, that the possibility of obtaining compensation is not limited to cases in which the percentage of loss of ability to work exceeds 15 percent, but compensation can be granted even if the loss is around five percent.
The report quoted the text of the Supreme Court ruling as saying that the case should be returned to the appeals panel in order to reassess the issue of loss of ability to work.
A case that could cost the state billions of kroner
The report noted that the case has been described more than once as a landmark case that could affect a large number of work injury cases in Denmark.
According to a memo issued by the Ministry of Employment (Beskæftigelsesministeriet), there may be more than 53,000 cases that could become eligible for compensation.
The report explained that the average expected compensation for each injured person is estimated at about 900,000 Danish kroner, of which about 610,000 kroner is taxable compensation, in addition to about 290,000 kroner as capital compensation.
The ministry added, according to the report, that the total potential claims could range between 10 and 30 billion Danish kroner if between 20 and 60 percent of potential claimants succeed in reopening their work injury files.
The ministry stated that this could include compensation in between 11,000 and 32,000 work injury cases.
The ministry also clarified that the estimates are still uncertain, and that the actual costs may be higher or lower than the current figures.
The case went through several judicial levels
The DR website explained that the case was previously heard before the Viborg District Court in May 2024.
The court then ruled that the appeals body was not entitled to refuse compensation simply because the percentage of loss of ability to work was less than 15 percent.
The report added that the court then returned the case to the appeals panel to re-examine the extent of the loss of ability to work.
Later, the appeals body challenged the ruling, and the case was transferred to the Western High Court (Vestre Landsret).
The report noted that the Western High Court decided in February 2025 that the lower court's ruling could not be fully upheld, but at the same time it did not give the appeals body full endorsement.
Details of the incident and injury
The report stated that the woman, who worked for the municipality in 2000, was injured while on duty after her head hit the back door of a car.
The report explained that she subsequently suffered from severe headaches, neck pain, and difficulty concentrating.
The report added that her attempts to return to work exacerbated her symptoms, ending first with partial sick leave and then with full sick leave, according to the ruling of the primary court.
The DR website noted that the Supreme Court has now ratified this ruling and returned the case to the appeals panel for further consideration.
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