BU does not pay
Is your employer not paying? Here’s how to ensure you receive your benefits in Augsburg
Is your occupational disability insurance company refusing to pay out or delaying the assessment of your claim? You are not alone – around 30% of all occupational disability claims are initially rejected. As specialist solicitors in insurance law based in Augsburg, we are familiar with the tactics employed by insurers and will ensure that you receive your occupational disability benefit.
Why your occupational disability insurance won’t pay out – the most common reasons
When occupational disability insurance fails to pay out, it is rarely a matter of chance. Insurers review claims with their own doctors and specialist departments, which specifically look for grounds to reject them. According to GDV statistics, around 30% of all occupational disability claims are rejected – yet the majority of these rejections are open to challenge. In Augsburg and the Swabian region, we regularly see cases where insurers refuse to pay on questionable grounds, even though there is clear evidence of occupational disability.
Enforcing your accident insurance benefits – your rights as an insured person in Augsburg
As a policyholder under an occupational disability insurance policy, you have strong rights under the Insurance Contracts Act (VVG). The insurer must assess your application within a reasonable timeframe and provide a clear and comprehensible justification for its decision. In the event of a rejection, it must specifically explain why it denies occupational disability. This obligation to provide justification is your strongest lever – as rejection letters are often incomplete or contradictory. In Augsburg, we analyse your rejection notice point by point and identify any weaknesses that can be challenged.
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From rejection to payment – our approach for insured persons in Augsburg
Securing an occupational disability benefit requires specialist knowledge of insurance law and experience with insurers’ assessment methods. Our team at our Augsburg office combines legal expertise with medical insight to pursue your claim at every stage – from out-of-court appeals to legal action.
Out-of-court enforcement and the ombudsman
Not every case needs to go to court. The Insurance Ombudsman offers a free mediation service, which results in a favourable outcome for the insured in around half of all cases. Decisions involving sums of up to €10,000 are binding on the insurer. The process usually takes less than three months and suspends the limitation period. We will assess for you whether the Ombudsman is the quickest route to an occupational disability pension in your case – or whether bringing a direct claim in Augsburg would be more sensible.
Claim for occupational disability benefits before the Augsburg Regional Court
If the insurer refuses to comply, we will take legal action to claim your occupational disability pension before the competent court. In disputes over occupational disability, the Regional Court usually has jurisdiction, as the value in dispute (current pension × 42 months) is typically over €5,000. During the proceedings, the insurer must prove that there is no occupational disability – the burden of proof lies with them. With legal expenses insurance, you bear no financial risk; we will clarify the cover commitment on your behalf.
Avoiding common mistakes – what people with occupational disability insurance in Augsburg need to know
The path to claiming occupational disability benefits is fraught with pitfalls. Many policyholders make avoidable mistakes that weaken their case or jeopardise their entitlement. With legal support from the outset, you can avoid these risks and maximise your chances of success in Augsburg.
Errors in the application
The most common mistakes occur right from the start of the claim process: incomplete details of the claimant’s work, missing or contradictory medical reports, and delayed responses to queries from the insurer. The job description is particularly critical – it must describe your specific day-to-day work in such detail that the assessor can understand the limitations. General descriptions such as ‘office work’ or ‘manual labour’ are not sufficient.
Be wary of comparison quotes from the insurer
Some insurers offer a one-off payment or a shorter benefit period as a settlement following a claim rejection. Before accepting such an offer, you should be aware of the actual value of your claim. A disability pension of €2,000 per month over 15 years corresponds to a present value of over €300,000. Settlement offers are often far below this figure. We calculate your entitlement and negotiate on equal terms with the insurer in Augsburg.
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This information does not constitute legal advice in individual cases.
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