🏥 Health insurance and treatment costs
In brief
After an act of violence, your statutory or private health insurance initially covers the treatment costs as normal – you do not have to wait to see whether and when an offender is identified or able to pay. The health insurer can then reclaim its expenses from the person who caused the harm: claims of the insured person against the offender pass to the health insurer by operation of law to that extent (§ 116 SGB X). This relieves you of having to claim the treatment costs from the offender yourself.
For psychological trauma consequences, a trauma outpatient clinic can additionally offer, as part of social compensation under SGB XIV, quick, often unbureaucratic first care, regardless of the outcome of settling costs with the health insurer.
Step by step
- Use treatment as usualArrange medical and psychotherapeutic treatment through your health insurance, as for any other illness or injury.
- Document the link to the offenceTell the health insurer and the treating doctors that the treatment is a consequence of a crime – important for the later transfer of claims.
- Consider a trauma outpatient clinicFor psychological strain, a trauma outpatient clinic can offer additional, quick support.
- Cooperation with the insurerThe health insurer may ask follow-up questions about what happened in order to clarify its claims against the offender – this has no effect on your treatment.
Deadlines
- Do not wait with necessary treatment for the outcome of criminal or compensation proceedings – health insurance pays regardless.
- The transfer of claims under § 116 SGB X concerns the relationship between health insurer and offender, not your entitlement to treatment – it causes you no disadvantage.
- For compensation for pain and suffering (which the health insurer does not cover), your own civil-law claims against the offender or claims under SGB XIV remain in place.
In depth · legal basis, figures and practice – for advisers and professionals
§ 116 SGB X: transfer of claims
If a social insurance carrier, such as a health insurer, has to provide social benefits because of a damaging event, a civil-law claim for compensation of the injured person against the person who caused the harm passes to the insurance carrier to that extent. The health insurer can thus have its expenses reimbursed by the offender without the injured person having to act themselves.
Relationship to compensation for pain and suffering
The transfer of claims concerns only material damage (treatment costs and the like), not compensation for pain and suffering for non-material harm – this remains a separate claim of the injured person against the offender or comes into consideration separately under social compensation.
Interplay with social compensation
Benefits of health insurance and of social compensation under SGB XIV are not in principle mutually exclusive, but depending on the type of benefit may be coordinated or offset against each other.
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