Responsibility for insurance matters

Responsibility for statutory social insurance matters

In Austria, the compulsory insurance scheme applies – in principle – to all persons employed or self-employed domestically and to certain dependants. Compulsory insurance refers to statutory insurance that is taken out without the knowledge or desire of the insured party if the conditions stipulated by law are met. Social insurance covers accident, health and pension insurance services.

However only one single Member State is responsible for all social insurance matters, must also be observed. For example, this may mean that, despite an insured person being employed or practising a self-employed occupation in Austria, another Member State may be responsible for social insurance matters, with the provisions of social insurance law of this other Member State then being applied to the employment relationship or self-employed occupation in Austria.

Conversely, Austria may also be responsible for an employment relationship or self-employed occupation relevant to social insurance law in another Member State and, in this case, the provisions of Austrian law are to be applied.

For preschool children, pupils and students too, the issue of responsibility for insurance matters, that is to say which Member State is responsible for managing their social insurance affairs, requires clarification. This means that attendance at an Austrian school or university is not always covered by accident insurance from the Austrian statutory accident insurance scheme.

One of the following accident insurance providers is responsible in the event of a work accident (if Austria is the responsible state):

• General Accident Insurance Institution (→ AUVA) ^{German text}
• Insurance Institution for Public Sector Employees and Rail and Mine Workers (→ BVAEB) ^{German text}
• Social Security Institution for the Self-Employed (→ SVS) ^{German text}

The following social insurance laws cover different groups of people, broken down by the occupation of the insured party:

Allgemeines Sozialversicherungsgesetz (ASVG)

• Provides accident insurance for:
  • employed occupations;
  • apprentices;
  • independent employees;
  • marginally employed persons;
  • self-employed persons (usually subject to compulsory insurance; if not, it is possible to self-insure);
  • preschool children during the compulsory preschool year;
  • pupils;
  • students;
  • people receiving occupational therapy;
  • members and helpers at volunteer organisations;
  • volunteers

Beamten-, Kranken- und Unfallversicherungsgesetz (B-KUVG)

• Provides accident insurance for:
  • employees employed under public law by the federal government, a federal state or a municipality;
  • contract workers for the federal government, if the employment relationship began after 31 December 1998 (otherwise ASVG);
  • contract workers for the federal states, if the employment relationship began after 31 December 2000 (otherwise ASVG);
  • contract workers for municipal associations and municipalities, if the employment relationship began after 31 December 2000 (otherwise ASVG);
  • university employees under the 2002 Universities Act;
  • people who hold public office through election, appointment or secondment;
  • employees of the Insurance Institution for Public Sector Employees and Rail and Mine Workers;
  • rail employees, provided that the railway is used for public transport and carries passengers or freight;
  • employees of sleeper and buffet car companies;
  • employees of mining companies;
  • employers employed at the Austrian Federal Railway as of 31 December 2003, even if the employment relationship was or is transferred to another company as a result of a transfer of holdings;
  • apprentices, provided that they would be eligible for accident insurance under the B-KUVG as employees

Bauern-Sozialversicherungsgesetz (BSVG)

• Provides accident insurance for:
  • farmers (operating managers);
  • family members working on the farm full time (spouses, children).

Freiberuflichen-Sozialversicherungsgesetz (FSVG)

• Provides accident insurance for:
  • Members of a Medical Association if they are self-employed and are not registered as resident doctors on the list of doctors;
  • members of the Austrian Dentists’ Association (excluding members of the dental profession) who are freelance and not entered as resident physicians in the register of dentists.

Responsibility for private insurance matters

Check to what extent your statutory social insurance would cover possible risks and costs in the event of a work accident. Taking out private accident insurance with an insurance provider of your choice will allow everyone to make additional provisions for themselves and their dependants.

The following additional types of private insurance may be considered

• accident insurance;
• supplementary accidental death and disability insurance;
• health insurance;
• life insurance;
• legal expenses insurance.

Further links

List of insurance providers (→ VVO)^{German text}

Legal basis

• sections 4, 7, 8, and 19 of the Allgemeines Sozialversicherungsgesetz (ASVG)
• section 1 of the Beamten-Kranken- und Unfallversicherungsgesetz (B-KUVG)
• section 3 of the Bauern-Sozialversicherungsgesetz (BSVG)
• section 2 of the Freiberuflichen-Sozialversicherungsgesetz (FSVG)
• article 11 until 16 of the Regulation (EC) No 883/2004