Insurance wont pay loss of work. Help required

trilogy1920 · Post by **trilogy1920** » Thu Oct 30, 2014 2:20 am

Hi

Just to clarify my status I am a non EU citizen finished my studies in Finland and now I am on a A type RP.

I work 12 hours a week for an employer, and i am also selfemployed and have my own toiminimi and paying my taxes and YEL insurance for last 2 years. Just found out that I lost my labour union membership for self employed due to my negligence by assuming that i can pay retoactively. Yes i have commited sin.

Now I had an accident while working for my employer and broke my right arm, and was off to sick leave for about 80 days.

Employer covered the medical expenses and the employers insurer Lahitapiola paid me for loss of work for my part time employment, but refused to pay for my loss of business income which was my main source of income and actually I lost the whole contract for not fullfilling contractual oblifations due to sickness, which costed me 9000 euros.

The accident was not my fault , i was expecting that insurance should cover my whole loss of income.
The compensation is very small as it was part time work, kela didnt pay anything because it was a work accident.

I am stuck, i am only left with part time work, its very hard to survive.

I still have 1 week to appeal against Insurance companys decision for not covering loss from selfemployment as they claim that I didnt have Tyel Insurance(Which as I understand is for employees not for business owners).

What should I do, what should be the ground of my appeal or do i have any case at all.

**Sponsor:**

rinso · Post by **rinso** » Thu Oct 30, 2014 7:23 am

The accident was not my fault

Claim the damage with the person/organization whose fault it was.
Let them deal with their insurance.

trilogy1920 · Post by **trilogy1920** » Thu Oct 30, 2014 8:52 am

The accident was caused rather due to poor health and safety environment where I work. I slipped and broke my arm
But my employers insurance is not taking care of the loss of my business income. They have refused.

rinso · Post by **rinso** » Thu Oct 30, 2014 10:41 am

But my employers insurance is not taking care of the loss of my business income. They have refused.

That's your employers problem, not yours.

trilogy1920 · Post by **trilogy1920** » Thu Oct 30, 2014 11:53 am

Rinso: It is my problem as my employer is not paying me anything other than 12 hour a week contract I had with them.

Getting legal help is double edged sword, it will be there Ng and expensive and my employer will not be keen to take me on. Thus I may lose the only job I have.

Can some one tell me if there is a legal act that deals with such cases. I checked finlex.fi for case laws and accident act, but nothing there.

Upphew · Post by **Upphew** » Thu Oct 30, 2014 5:57 pm

trilogy1920 wrote:What should I do, what should be the ground of my appeal or do i have any case at all.

As sole entrepreneur you should have insured your business: https://www.pohjola.fi/pohjola/corporat ... likoodi=en

Hämeen Hitain · Post by **Hämeen Hitain** » Fri Oct 31, 2014 12:05 pm

The Statutory workers' compensation insurance will not compensate losses to your own toiminimi. If you had voluntary insurance for toiminimi, you would have compensation from it.

See page 8:

https://www.pohjola.fi/loso/1013851.pdf

trilogy1920 · Post by **trilogy1920** » Fri Oct 31, 2014 2:11 pm

Thanks for sharing information.

Just wondering if some one got run over by car, its victims responsibility to insure all his income.

betelgeuse · Post by **betelgeuse** » Fri Oct 31, 2014 2:29 pm

trilogy1920 wrote:Just wondering if some one got run over by car, its victims responsibility to insure all his income.

Every vehicle in Finland must carry third party liability insurance. The state will cover if someone has broken the law and not taken insurance:

http://www.lvk.fi/en/Finnish-Motor-Insu ... Uninsured/

However, since this is legislation crafted specially for motorized vehicles, it's not of much use for your case.

trilogy1920 · Post by **trilogy1920** » Fri Oct 31, 2014 8:37 pm

Thanks but the law is kind of one fit for all. Even if one have voluntary insurance for toiminimi, the insurance company will divide the estimated income based on yel by 12 and pay for the couple of months of sickness. People like me who are sub contracting project base work, where you have to deliver all by deadline otherwise you get nothing, lose all of the yearly income.

So have insurance or no insurance for toiminimi doesn't matter much.

Pursuivant · Post by **Pursuivant** » Fri Oct 31, 2014 9:49 pm

In school they did not explain to you why Finns are so reluctant to start a business and become entrepeneurs? In addition to the nonexistant banktrupcy and VERO going assessmen taxation and the tax and TEL and YEL payments being enforcable for bailiffs without court... Exactly this. As a "Rich entrepeneur" you get sweet fanny adams from anywhere.

There are "stupid foreigners" that start a business. Now you are a "wise foreigner".

trilogy1920 · Post by **trilogy1920** » Fri Oct 31, 2014 10:20 pm

Thanks but Finland is ranked very high for ease of business, http://www.doingbusiness.org/rankings
In my opinion it require lot of courage and skills to start a business, how rewarding is that, is an other story.
Being employed is not as hard than to run your own enterprise but that's only my opinion.

But all I have to say is that law is not very favorable.

cors187 · Post by **cors187** » Fri Oct 31, 2014 10:53 pm

trilogy1920 wrote:
What should I do, what should be the ground of my appeal or do i have any case at all.

My estimation is that your signed agreement insurance coverage is responsible for you.Go into your insurance provider and ask them to pay you.
If they can get money from your employers insurance they will do it automatically while they are paying you aswell.

cors187 · Post by **cors187** » Fri Oct 31, 2014 11:05 pm

I know with my company i pay YEL and i also pay for an extra insurance. The amount is based on my salary i take out or atleast it was set initially at a yearly average. It was explained to me that lahitapiola will pay out my salary according to the amount i am paying each month if something happens to me , they also said that this insurance will not be divided or reduced by a KELA Payout .
I guess you needed one of these insurances to be getting salaries accordingly.

cors187 · Post by **cors187** » Fri Oct 31, 2014 11:15 pm

trilogy1920 wrote:Thanks but Finland is ranked very high for ease of business, http://www.doingbusiness.org/rankings
In my opinion it require lot of courage and skills to start a business, how rewarding is that, is an other story.
Being employed is not as hard than to run your own enterprise but that's only my opinion.

But all I have to say is that law is not very favorable.

Its east to continue doing business here because of the automation procedures in place.
Extra insurance is not automated, but im pretty sure when you set up your YEL , the seller would have flashed the extra insurance in front of you.

Finland Forum

Find information about moving to, living in and life in Finland