Legal challenges due to illness? We're with you.

A sudden illness or disability can completely change your life. In the legal sector, we provide legal support in asserting claims against disability insurance (IV), daily sickness benefit insurance, employers, private supplementary insurance and pension funds.

Free initial consultation

Many years of experience

Immediate help from a lawyer

Over 15,500 cases handled

Immediate help from a lawyer
many years of experience
Free initial consultation
rights

When a Illness legal consequences has — we are here for you.

Illness changes lives in many areas — whether through uncertainties in the event of incapacity to work, claims against insurance companies or the organization of everyday life. The legal regulations are complex, particularly with regard to daily sickness benefits, pension fund benefits, IV benefits or claims arising from employment contracts.

We listen, analyse your situation and show you options for action — with legal experience and the aim of protecting your rights. We represent you objectively, competently and consistently vis-à-vis employers, insurance companies and authorities.

In the event of illness or incapacity to work, rapid and correct action is crucial. We review your claims and enforce them in a targeted manner so that you are financially and legally secure. In particular:

Review and enforce daily sickness benefit claims

Clarify and enforce continued payment of wages during an incapacity to work

Review and apply for disability insurance (IV) benefits

Review and legally support disability insurance (IV) reintegration measures

Review and legally assert claims against the pension fund

expertise

We can help with that

Daily sickness benefits & continued payment of wages

Review, assert and enforce claims against employers or daily sickness benefit insurance.

Disability insurance (IV)

Advice, registration and representation with regard to pension benefits or integration measures.

pension funds

Assessment, enforcement and enforcement of claims for a disability pension.

Inclusion measures and tools

Review, support and legal enforcement of claims for reintegration measures, tools and adjustments at work.

Representation before conciliation body and court

Objective and consistent protection of interests before courts and conciliation bodies.

expiry

This is how you proceed in case of illness.

1

Request a free initial consultation

One of our experienced lawyers will contact you in the coming working days to discuss your concerns with you.

2

Describe case

Tell us about your concerns in your own words. Your information is kept strictly confidential.

3

Get advice

Start working with the lawyer of your choice as part of an attorney-client relationship.

team

Our experts in case of illness

Always there for you

Danilo Unternährer
Lawyer
Marco Unternährer
Lawyer
Viktor Estermann
Lawyer
Daniel Vonesch
Lawyer
Danilo Unternährer
solicitor
Marco Unternährer
solicitor
Viktor Estermann
solicitor
Daniel Vonesch
solicitor
contact

Free Request a call back.

We will call you back as soon as possible so that we can discuss your case.

Thank you so much! We have received your request and will get back to you as soon as possible.
Something went wrong when submitting the form. Please check your details.

Frequently asked Questions and answers.

Typical questions in case of illness may include:

Am I entitled to continued payment of my salary from the employer if I am ill?

Yes, under certain conditions, there is a legal right to continued payment of wages in the event of illness. The prerequisite for this is, in particular, that the employment relationship has already lasted more than three months or has been entered into for more than three months and that the incapacity to work has occurred through no fault of one's own.

In practice, however, many employers take out collective daily sickness benefit insurance. If such insurance is agreed and included in the employment contract or regulations, the duration and amount of continued payment of wages are generally based on the insurance conditions of the daily sickness benefit insurance. However, this only applies as long as the overall protection for the employee is at least equivalent to the legal minimum.

We would be happy to check for you whether, to what extent and for how long you are entitled to continued payment of your salary.

Does continued payment have to amount to 100% of the salary?

In principle, the law provides for continued payment of the full salary by the employer for a limited period of time.

If daily sickness benefit insurance has been used, it is often contractually regulated that it covers 80% of the salary, for example. This is permitted provided that the overall coverage of daily sickness benefit insurance is considered to be at least equivalent for the employee.

When am I eligible for an IV pension?

Eligibility for an IV pension exists if a health impairment permanently limits earning capacity and, despite reasonable integration measures, no sufficient return to work is possible. In addition, there must be at least 40 percent incapacity to work for at least one year, and then at least 40 percent disability must persist.

We would be happy to advise you whether you are entitled to an IV pension and help you claim it.

How high does the degree of disability have to be for an IV pension?

A pension entitlement exists from a disability level of 40%; from 70% disability level, there is a right to an entire IV pension, in between there is a graduated claim depending on the specific degree of disability.

It should be noted that the degree of disability measures the loss of earning capacity (usually by comparing income). It is not necessarily identical with the physician-certified degree of incapacity for work, even though both are expressed in percentages.

How do I apply for an IV pension?

The application for IV benefits must be submitted to the competent IV body, usually in writing using a registration form.

After registration, the IV first examines possible integration measures before deciding on a pension claim.

An appeal can then be filed against this decision.

We would be happy to assist you with the process and in particular with any appeal proceedings.

When is there a right to a disability pension from the pension fund (2nd pillar)?

There is a right to disability benefits from the occupational pension scheme (pension fund) if insurance existed with a pension fund when the incapacity for work occurred and the disability within the meaning of IV is at least 40%.

The pension fund then pays a disability pension in addition to IV.

Can I receive a salary, IV pension and pension fund pension at the same time?

As a rule, the employer (or daily sickness benefit insurance) continues to pay the salary first, followed by an IV pension and, if applicable, a pension fund pension.

If an insured person does not receive a full pension but only a partial IV pension, it is permitted and also provided that they continue to work a certain workload and receive an IV and pension fund pension in addition to their salary.

When does it make sense to seek legal advice?

Legal support is particularly useful in cases of disputed continued payment of wages, complex daily sickness benefit constellations, as well as in IV proceedings or disputes with the pension fund. Early advice helps to meet deadlines, file claims correctly and optimally ensure the coordination of the various benefits (salary, IV, pension fund).