Occupational Diseases in Court: Only 10% of all cases are successful
Last year the Federal Government had „no idea“ when they answered the LEFT Party (printed matter 18/13543) "due to lack of statistic data by the DGUV", regarding the question how many cases exist that have actually received occupational ill health acknowledgment before the Federal Social Court, thus were successful, or failed.
Now, all of a sudden, the Federal Government, in the person of Parliamentary State Secretary (BMAS), Ms Kerstin GRIESE (SPD) announced in an answer to the Greens (printed matter 19/4093 - see entry v. 18.9.):
"For decades the decisions of the accident insurance institutions have been confirmed in about 90% of the Federal Social Court proceedings. From this "the quality of the experts employed and the administrative procedures" can be seen.
We have therefore added thefollowing section to the chapter "What can one do?" (WKMT): "In Court". There you will find information on how to proceed when you wish to reject an expert, or his expert opinion because of "bad expertise“, and if the judge refuses this, how to reject the judge. In the latter case, it is not the "bias" that is important, but the potential "concern of bias".
That this does not work in most cases is due to the fact that neither the judges nor most lawyers are familiar with the right of bias.
We can help and give tips & hints: at www.ansTageslicht.de/WKMT