Compensation for tinnitus in private accident insurance.
Laryngorhinootologie. 2007 Jan;86(1):27-36. [Article in German].
Michel O, Brusis T
Klinik und Poliklinik fur Hals-Nasen-Ohren-Heilkunde, Universität zu Koln,
Koln. Michel@uni-koeln.de
According to the provisions of private accident insurance, mental or psychic
reactions are excluded from compensation.
Until now, tinnitus was taken
as fully psychic and therefore excluded.
In two recently published judgments
of the Federal Supreme Court in Germany the assessment of tinnitus in
private accident insurance and particularly the exclusion clause section
sign 2 Abs. 4 AUB 88 has been newly defined.
According to this actual
jurisdiction the compensation of tinnitus could be possible, when as physical
underlying reason a proved harm in the inner ear or the auditory pathway
(hearing loss), which can be traced back to the accident according to
the rules of causality.
This leads to the question how Tinnitus could
be compensated without modification of the general terms and conditions
of the private accident insurance.
A compensating table is proposed, which
recognizes the somatic (physical) part of tinnitus and is based on medical
and scientifi c findings of the relation between hearing loss and tinnitus.
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fuente:
Laryngorhinootologie. 2007 Jan;86(1):27-36. [Article in German].
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