Degree of Disability Calculation

Why it matters

In compensation for traffic and work accidents with injury, the permanent incapacity loss is multiplied directly by the degree of disability. When the rate changes by one point, the compensation changes in the same proportion. In practice there are errors frequently encountered in rate reports: a report prepared under the wrong regulation, impairment rates added up directly, a limb rate not converted to a whole-person rate, an age supplement forgotten or applied twice. The module makes these errors visible and gives the lawyer preliminary information at the start of the case.

Which regulation?

The applicable regulation is selected according to the date of the event (accident); it can be changed manually if desired.

The age supplement is applied according to age on the date the report was issued (the assessment date). The 2019 regulation does not apply to persons under 18; in that case the module gives a warning.

Four working paths

The paths are not steps; they are independent of one another. One is chosen according to the state of the case, and you can switch to another whenever you wish.

Rules applied

• Balthazard combination: Rates are not added up; starting from the highest rate, each impairment is applied to the remaining unimpaired portion. It matches the official Balthazard table in the annex to the regulation exactly, and each step is shown in the breakdown.
• From limb rate to whole-person rate: Rates given at the level of a finger, hand, upper extremity or lower extremity are converted to the whole-body (person) rate using the conversion coefficients in the regulation. Items the schedule says to add up, such as movement losses of the same joint, are added separately.
• Method compatibility in the lower extremity (Table 3.1): Methods that cannot be used together on the same leg (e.g. the fracture table and restriction of movement) trigger a warning in the calculation.
• Schedule search: The Annex-2 schedules of the two regulations have been organized item by item, and the 2019 schedule has been compared with the Official Gazette pages. It is a search aid; the rate is compared with the value in the report.
• Age supplement: Under the regulation, %10 is added by Balthazard for persons aged 65 and over (2019) or over 60 (2013).

Exact rate from measurements

If the report states a degree or measurement, the rate is found exactly from the schedule tables:

• Joint angle: degrees of movement in the shoulder, elbow, wrist and finger joints are entered; the rate is read from the Annex-2 figures.
• Nerve damage and muscle strength: arm and leg nerves, EMG / examination grade; sensory and motor loss are combined by Balthazard.
• Hearing: audiometry thresholds (500, 1000, 2000, 4000 Hz) or degree of loss → binaural loss → disability rate.
• Vision: visual acuity, loss of an eye and visual field score → visual system impairment rate.
• Psychological sequelae: for diagnoses such as post-traumatic stress disorder, depression and anxiety disorder, the rate follows the regulation (the tables of the two regulations differ; both are shown).

Report review

The report's total rate, the regulation applied and the age supplement are entered, or the report is uploaded and read in the browser (personal data is redacted in the browser; AI is optional). The calculation is compared with the report. If there is an inconsistency, the possible causes are written out:

• The wrong regulation having been selected for the date of the event,
• Impairment rates having been added up directly instead of by Balthazard,
• A limb rate not having been converted to a whole-person rate,
• The age supplement not having been applied or having been applied twice,
• Diagnoses in the documents with no apparent counterpart in the report.

From the result, one click takes you to the traffic accident with injury or work accident compensation calculation; if needed, an expert opinion can be requested.

Limits of the module

• Events before 01.06.2015 and, in work accidents, rates determined by SGK under the Regulation on Procedures for Determining the Rate of Loss of Working Capacity and Occupational Earning Capacity are out of scope for now.
• ÇÖZGER applies to persons under 18; the module only gives a warning.
• Until the schedule items have undergone physician review, they should be used as a search aid and the rate should be compared with the value in the report.

Frequently asked questions